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2015 (9) TMI 1683 - HC - Income TaxRevision u/s 263 - quantum of short deduction of tax at source was admitted by the assessee and there was no further verification required by the Assessing Officer - HELD THAT:- Disallowance under Section 40(a)(ia) of the Act could not be made where there was a short deduction of tax at source and that such claim was made by the assessee in the audit report, which wasaccepted by the Assessing Officer. It also considered that the same was in consonance with the view expressed by the Tribunal earlier and confirmed by the Calcutta High Court in the case of CIT –vs- S.K.Tekriwal [2012 (12) TMI 873 - CALCUTTA HIGH] - Further, it has been held that since two views were possible to be taken by the Assessing Officer in the case of the assessee, and one of the possible views has been taken, then in such a situation the jurisdiction under Section 263 of the Act could not have been exercised. No infirmity with the order of the Tribunal in allowing the appeal of the assessee
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