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2023 (4) TMI 177 - ITAT JAIPURApplication of NP rate of 8.16% on the differential receipt reflected in Form 26AS - Assessee has not shown the receipt on which TDS u/s 194H has been deducted - HELD THAT:- Since the assessee was very much aware regarding deduction of TDS under section 194H on payment by the parties/companies, even then no effort was made to get the same corrected from the said companies. Therefore, at this stage assessee cannot point out the defects in the orders passed by the revenue authorities. Arguments of the ld. A/R that at the most the addition could have been restricted to profit earned @ 8.16% in respect of these receipts - As this argument of the ld. A/R could not be upheld because of the simple reason that as per the provisions of section 44AD(6) provisions of this section are not applicable on a person earning income in the nature of commission. Thus the said argument of the ld. A/R is not tenable. Since the revenue authorities have rightly appreciated the facts and considered the said receipts as income from other sources but still in these circumstances assessee was entitled to deduction of expenditure incurred against such receipts. Therefore, the AO is at liberty to verify the expenditure, if so claimed by the assessee within 30 days from the date of receipt of this order. With these observations, we partly allow the grounds raised by the assessee. Appeal of the assessee is partly allowed.
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