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2016 (11) TMI 329 - AT - Income TaxAddition u/s. 40(a)(ia) - non-deduction of tax at source - AO disallowed the amount on the ground that the said certificate issued to claim exemption was in the name of other entity and not in the name of assessee herein being M/s. Davesmen India - Held that:- On perusal of documents filed in the paper book show that M/s. Davesmen India Pvt. Ltd was incorporated in the year 2008 and there was no financial transaction. It is also noticed that on such entity the assessee filed its return of income along with computation of income and certificate of incorporation to show that M/s. Davesmen India Pvt. Ltd was incorporated during the year i.e under consideration has no financial transaction and has no claim of TDS. Taking into consideration the facts of the case and submissions of the assessee, we are of the view that this is a clerical error where name of the assessee was mistakenly mentioned as M/s. Davesmen India Pvt. Ltd instead of M/s. Davesmen India in the said certificate issued u/s. 197(1) of the Act. We are of the view that the mistake inadvertently crept in and in such circumstances, the addition made thereon is not sustainable. Therefore, the addition made by the AO and confirmed by the CIT-A is hereby deleted. Accordingly, the ground raised by the assessee is allowed.
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