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2021 (10) TMI 393 - AT - Income TaxUnverifiable sundry creditors - CIT-A deleted addition unconfirmed sundry creditors by admitting additional evidence - HELD THAT:- As evidences in the form of confirmation were forwarded to the Assessing Officer for his Remand Report, therefore, due opportunity was given to the Assessing Officer. Having perused the material available on record, we do not see any infirmity in the order of Ld.CIT(A) as the assessee has filed confirmation which has been verified by Ld.CIT(A) hence, Ground No.1 raised by the Revenue is dismissed. Addition of expenses as treated as capital in nature - DR treated the expenditure as of capital nature since the assessee had obtained secured loan in the form of terms loans for the purpose of financing future assets - HELD THAT:- CIT(A) has pointed out that from the computation of interest disallowance, the AO had considered investment of ₹ 75,75,35,000/- against ₹ 83,17,32,000/-. This fact is not rebutted by the Revenue. It is seen that Ld.CIT(A) has computed the income at ₹ 28,76,084/- against computation made by the Assessing Officer at ₹ 1,49,86,193/-. The Revenue could not point out any error in the computation by Ld.CIT(A). Therefore, we do not see any infirmity into the finding of Ld.CIT(A), the same is hereby affirmed. Ground No.2 raised by the Revenue is, thus rejected. Short payment of TDS - CIT-A allowed claim - HELD THAT:- CIT(A) while deleting the addition has relied upon the decision in the case of CIT vs S.K.Tekriwal [2012 (12) TMI 873 - CALCUTTA HIGH COURT] and the case of UE Trade Corporation (India) Ltd [2012 (8) TMI 700 - ITAT DELHI] -The Revenue has not pointed out any contrary binding precedents therefore, we do not see any infirmity in the finding of Ld.CIT(A) and the same is hereby affirmed.
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