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2022 (4) TMI 1174 - AT - Income TaxAddition being the difference arising from VAT return in the computation of taxable total income as disclosed in the return of income - Assessee before us pleaded that the assessee has collected some evidences in regard to the difference in purchases and VAT credit claimed on the same and the same may kindly be remitted back - HELD THAT:- We noted that the plea of the assessee is reasonable and hence, we direct the AO to allow one more opportunity to reconcile the difference - Accordingly, this issue is remitted back to the file of the AO. Disallowance of job work charges for non-deduction of TDS by invoking the provisions of section 40(a)(ia) - HELD THAT:- We noted that now the ld.counsel for the assessee made only submission that the second proviso to section 40(a)(ia) of the Act, which is retrospective, the assessee should be allowed to take the benefit of the same - assessee stated that the requisites as noted in the CBDT circular and rules relating to second proviso to section 40(a)(ia) is ready to fulfill as he has gathered information that the recipient parties has already declared the job work charges in their respective returns of income. The ld. Counsel stated before us that the job work payments were made only to one party i.e., VRV Zips & Process. The ld. Senior DR has no serious objection in setting aside the matter. As the assessee claimed that the recipient party has disclosed the income in their return of income, in view of second proviso to section 40(a)(ia) of the Act, we remit this issue back to the file of the AO. This issue of assessee’s appeal is allowed for statistical purpose.
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