TMI Blog2013 (5) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... rming his order we decide Ground against the AO. Disallowance u/s.40(a)(ia) - short deduction of TDS - Held that:- DR fairly admitted that issue was decided in favour of the assessee. AR relied upon the order for the earlier year. We find that in the above referred order, to which one of us was party, Tribunal had held that provisions of section 40(a)(ia) were not applicable in matters of short deduction of TDS. While deciding the issue Tribunal had placed reliance on the decision of M/s. Chandabhoy and Jassobhoy (2011 (7) TMI 956 - ITAT MUMBAI). - ITA No. 3057/Mum/2012 - - - Dated:- 24-5-2013 - SHRI D. MANMOHAN, VICE PRESIDENT AND RAJENDRA, ACCOUNTANT MEMBER. Revenue by: Shri Mohit Jain Assessee by: Shri S.C. Tiwari OR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AIR information. During the assessment proceedings. AO found that the assessee had accounted for the contract receipts from its operations amounting to ₹ 1,53,97,16,450/-. He directed the assessee to reconcile receipt of ₹ 55,65,80,397/- in light of the information received from the AIR. AO found that in some cases,total amount of income as reflected in the books of the assessee was equal to or more than the receipts as reflected in the AIR data. But, in other cases, the income booked by the assessee was less than the receipts reflected in the AIR data. AO found that there was a shortfall of ₹ 40,09,050/-. He added the said amount to the income of the assessee. 2.2. Against the order of the AO assessee preferred an appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the AIR figure in- spite of the fact that the ledger account of the said party was made available to it. Finally, he upheld the addition of ₹ 61,366/-made by the AO and deleted the balance addition amounting to ₹ 39,47,684/-. 2.3. Before us, Departmental Representative (DR) relied upon the order of the AO. Authorised Representative (AR) submitted that information of AIR was incorrect, that ITA No. 3057/Mum/2012 3 M/s. BLR India Pvt. Ltd. assessee had shown more income than reported in the AR, that from RR it was clear that assessee had reconciled the figures. 2.4. We have heard the rival submissions and perused the material before us. We find that the assessee had shown higher income than the income reported in the report ..... X X X X Extracts X X X X X X X X Extracts X X X X
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