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2013 (5) TMI 909 - AT - Income TaxAddition on account of non reconciliation of AIR information - Held that:- We find that the assessee had shown higher income than the income reported in the report received by the AO. It reconciled all the accounts wherever ledger entries were made available to it. Only in one case he could not reconcile the entries. From the RR of the AO it is evident that the facts narrated by the FAA (para 2.2) are correct and based on sound footings. FAA had upheld a portion of addition where assessee had failed to reconcile the figure. In our opinion, in these circumstances, his order does not suffer from any factual or legal infirmity. Therefore, confirming his order we decide Ground against the AO. Disallowance u/s.40(a)(ia) - short deduction of TDS - Held that:- DR fairly admitted that issue was decided in favour of the assessee. AR relied upon the order for the earlier year. We find that in the above referred order, to which one of us was party, Tribunal had held that provisions of section 40(a)(ia) were not applicable in matters of short deduction of TDS. While deciding the issue Tribunal had placed reliance on the decision of M/s. Chandabhoy and Jassobhoy (2011 (7) TMI 956 - ITAT MUMBAI).
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