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2023 (7) TMI 13 - ITAT KOLKATAUnaccounted/concealed income - reflection of credit of TDS in Form 26AS in assessee’s account deducted by one M/s Loop Mobile (India) Ltd. - assessee could not prove or confirm from the said deductor that the assessee has not received any sum from the said company - HELD THAT:- Since the assessee has alleged that it did not have any business link with M/s Loop Mobile (India) Ltd. and that it has not received any sum/income from the said company and that the TDS credit was wrongly made by the said company in favour of the assessee and that the assessee had made efforts to contact the said company and get the entry reversed, however, since the said company was not traceable and that the said credit of TDS by the said company was under some error or mistake, hence, the impugned additions without verification of proper facts by the Assessing Officer were not justified. Merely because the TDS has been shown to have deducted and deposited in assessee’s account that itself is not the absolute proof of assessee having received any sum/income from the said deductor especially when the assessee has specifically denied any transaction with the said deductor. The same can be a result of any mistake or error also. The impugned additions made by the lower authorities are set aside and the matter is restored to the file of the AO to make appropriate enquiries in this respect from the deductor /from the ITR/assessment records, if any, of the deductor and verify the contention of the assessee. Appeal of the assessee is treated as allowed for statistical purposes.
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