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2015 (6) TMI 90 - AT - Income TaxAddition made on account of commission / brokerage - assessee has failed to produce evidences to show that the deductors have reversed the entries wrongly made by them in their original TDS returns by way of its revision - CIT(A) deleted the disallowance - Held that:- CIT(A) did not commit any error in granting appropriate relief to the assessee. Right from the beginning it was the case of the assessee that it had earned total commission of ₹ 1,91,84,002/- from both the parties and confirmations were also submitted. The Assessing Officer disbelieved such contention of the assessee on the ground that the assessee failed to show as to whether entries made by those companies were reversed or not. If confirmations are filed by the assessee from the parties then without verifying the same the Assessing Officer could not add any further amount to the income of the assessee without discarding evidence submitted by the assessee in the shape of the confirmation. Later on the assessee was able to submit TDS certificate also in which correct amount was shown - Decided against revenue. Disallowances of various expenses - CIT(A) deleted the disallowance - Held that:- Disallowance deleted by learned CIT(A) is on the submissions and explanation submitted by the assessee and some of the disallowances have been upheld on the basis of estimate. Keeping in view of the entirety of the facts mentioned above and also fact that the assessee has shown net profit @ 78.92%and also fact that the Assessing Officer did not follow the aforementioned Instruction of CBDT, we are of the opinion that no interference is required in the order of learned CIT(A) so as to it relates to Ground 2 to 5 of the Departmental appeal. It may be mentioned here that the Department did not bring any material on record to suggest that findings recorded by learned CIT(A), are contrary to the facts narrated by learned CIT(A). - Decided against revenue.
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