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M/s. Davesmen India Versus Income-tax Officer

2016 (11) TMI 329 - ITAT KOLKATA

Addition u/s. 40(a)(ia) - non-deduction of tax at source - AO disallowed the amount on the ground that the said certificate issued to claim exemption was in the name of other entity and not in the name of assessee herein being M/s. Davesmen India - Held that:- On perusal of documents filed in the paper book show that M/s. Davesmen India Pvt. Ltd was incorporated in the year 2008 and there was no financial transaction. It is also noticed that on such entity the assessee filed its return of income .....

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197(1) of the Act. We are of the view that the mistake inadvertently crept in and in such circumstances, the addition made thereon is not sustainable. Therefore, the addition made by the AO and confirmed by the CIT-A is hereby deleted. Accordingly, the ground raised by the assessee is allowed. - I.T.A. No. 2542/Kol/2013 - Dated:- 19-10-2016 - Shri M.Balaganesh, Accountant Member And Shri S.S.Viswanethra Ravi, Judicial Member Shri M.K. Datta, FCA, ld.AR for the assessee Shri Rajat Kumar Kureel,J .....

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77; 3,00,001/- u/s. 40(a)(ia) of the Income Tax Act , 1961 for alleged non-deduction of tax at source. 3. Brief facts of this case are that the assessee is a firm and involved in the business of trading of tyre and production of chemicals and iron. The assessee fi led its return of income declaring a total income of ₹ 6,73,260/-. The case was selected for scrutiny by issuing notice u/s. 143(2) of the Act. In response to which, the assessee filed its books of account, bank statements and ot .....

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[CII]. According to the AO the said certificate was not issued in favour of assessee to claim exemption and was issued in favour of M/s. Davesmen India Pvt. Ltd. The AO was of the view that since the said certificate was issued in favour of M/s. Davesmen India Pvt. Ltd and not in the name of M/s. Davesmen India, the assessee herein, he disallowed the payment of ₹ 3,00,000/- made to Confederation of Indian Industry by the assessee and added the same to the total income of the assessee u/s. .....

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ter considering the submissions of the assessee was of the opinion that the assessee should have filed rectification petition in this regard. Not satisfied with such contentions of the assessee, he confirmed the impugned order of AO. 6. Aggrieved by such order of the CIT-A, now the assessee is in second appeal before us by raising the above mentioned ground of appeal. 7. Before us the Ld.AR fi led a paper book containing 11 documents running from pages 1 to 24, wherein he drew our attention to p .....

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