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2018 (1) TMI 1454 - AT - Income TaxAddition u/s 41 - Addition on account of non-genuineness of the creditors - genuineness of sundry creditors was not established as the assessee failed to furnish the addresses of creditors - HELD THAT:- In the instant case, there is no ambiguity that the assessee has not written off the sundry creditors pertaining to the television division though the same was shut down long time ago. But the balance of sundry creditors is very much reflecting in the books of the assessee. These sundry creditors were brought forward from the earlier years which imply that these were accepted in the earlier years. Thus non-furnishing of address of such sundry creditors cannot be the reason for invoking the provision of section 41(1) of the Act. Hence, the ground of appeal filed by the Revenue is dismissed. Addition on account of undisclosed income - Difference in interest income shown by assessee and interest income as disclosed in form 26AS - HELD THAT:- A detailed reconciliation statement was filed by the assessee before the Ld. CIT(A) on the basis of which the relief was given. But the same does not amount to additional evidence in view of the order of Mumbai Tribunal in the case of Swift Freight India Limited [2015 (1) TMI 738 - ITAT MUMBAI]. Thus we hold that no additional document was filed before the Ld. CIT(A). The Ld. DR has not brought anything on record contrary to the finding of the Ld. CIT(A). Thus, we hold that no additional document was admitted by the Ld. CIT(A) in contravention to the provision of the Rule 46A of the Income Tax Rules. Hence, we respectfully following the consistent view of the Tribunal decline to interfere with the order passed by the Ld. CIT(A) on this account and accordingly the ground take by Revenue is regretted. Addition on account of undisclosed rental income - assessee has not accounted for the income of TDS deducted by the parties - HELD THAT:- We note that the addresses of both the parties namely Nokia India Pvt. Ltd. and Nokia Siemens Network Pvt. Ltd. were available before the AO at the time of assessment but the AO has not exercised power given u/s 133(6) and 131 of the Act to verify whether any income has accrued to the assessee or not. The affidavit furnished by the assessee before the ld. CIT(A) does not amount to additional evidence in view of the order of Mumbai Tribunal in the case of Swift Freight India Limited [2015 (1) TMI 738 - ITAT MUMBAI]. Thus, we hold that no additional document was filed before the Ld. CIT(A). Thus, in view of the above, we do not find any infirmity in the order of Ld. CIT(A). Hence, the ground of appeal raised by the Revenue is dismissed.
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