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2021 (3) TMI 86 - JHARKHAND HIGH COURTRevision u/s 264 in favor of assessee - Additions based on 26AS statement - undisclosed income - Assessee contended that additions made by the AO is not correct as he as not received the amount as alleged by the AO - Lack of proper inquiry by the Commissioner, IT in respect of the payments allegedly made by the three concerns, while rejecting the application - HELD THAT:- Petitioner has not made any complaint at any stage regarding any fictitious or wrong entries in the 26AS statement reflecting tax deduction at source against receipt of payments from these three concerns. It further appears that the assessing officer had undertaken inquiries from these three concerns who confirmed the payments made to the petitioner during the financial year 2010-11. Since the petitioner's books of account were not maintained or audited and the receipts were not only confirmed by the three concerns as above, but 26AS statement and Form-16A submitted by them revealed undisclosed income The conduct of the petitioner taken as a whole, therefore, does not appear to be clean and bonafide in disclosing proper income in his IT return. Further the contention of the petitioner relying upon the decision in the case of M/s Kishinchand Chellaram [1980 (9) TMI 3 - SUPREME COURT] that the letter of confirmation relied upon by the AO and the revisional authority were not furnished to him, does not appear to be correct as the AO had confronted the assessee with these findings through letters dated 21 st January 2014 and 11th February 2014. Moreover, 26AS statements are maintained by the Department under Section 203AA of the Act and are not generated by the concerns from whom the petitioner has received the payments. As such, such arguments also do not cut ice. There is no quarrel about the scope of revisional jurisdiction of the CIT under Section 264 of the Act in support of which reliance has been placed by the petitioner upon the judgment of Delhi High Court in the case of Paradigm Geophysical Pty. Ltd. [2017 (11) TMI 1157 - DELHI HIGH COURT] . No grounds made out for interference in the order of the learned CIT passed in revision. - Petition dismissed - Decided against the assessee.
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