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TMI Blog2012 (10) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... f Rs.14,50,12,350. After passing the order u/s 143(3), the AO observed that the details submitted by the assessee, the assessee has received an amount of Rs.23,68,30,716/- as per TDS certificate. However, in the profit and loss account, agency commission shown of Rs.22,75,68,918/-. The assessee has shown less income on account of commission to the extent of Rs.92,61,798/- resulting in under assessment of Rs.92,61,798/-. Accordingly show cause notice u/s 154/155 of the Act, dated 22.6.2009 was issued to the assessee. In response, the assessee's representative filed his explanation interalia submitted that (i) there are two commission income i.e. agency commission disclosed at Rs.22,75,68,918/- and detention commission disclosed at Rs.76,77,6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following grounds of appeal: "1. (i) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) has erred in deleting the addition of Rs.76,77,677/- to the total income of the assessee, being part of the differences between the gross total income as per TDS Certificate and gross income as per Profit & Loss A/c. (ii) On the facts and in the circumstances of the case and in law the Ld.CIT(A) has erred in deleting the addition of Rs.15,84,123/- being part of the difference between the gross income as per TDS Certificate and gross income as per Profit & Loss A/c." 4. At the time of hearing, the Ld. DR supports the order of the AO. 5. On the other hand, the Ld. Counsel for the assessee while reiterating the same submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the case, relevant order u/s.154 of the Act dated 5.11.2009, statement of facts, written submissions, additional evidences, Remand Report and rejoinder to the Remand Report as well as the arguments made by the Ld. AR. Ld.Addl.CIT, Central Range-3, Mumbai as well as the Ld. Assessing Officer had no objection to the new evidences being admitted under Rule 46A. Therefore, additional evidences are admitted for proper adjudication of grounds of appeal raised before me. 2.4.2. It is not disputed that in Schedule 'J' to the Profit & Loss Account for the F.Y. 2004-05 relevant to A.Y. 2005- 06 under the head operating income, two categories of commission has been shown separately. They are: Agency Commission Rs.22,75,68,918/- Detent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ectification order u/s 154 dated 5.11.2009 is not maintainable and the addition of Rs.92,61,798/- is reduced in view of the remand report. Ld. Assessing Officer is directed to reduce the impugned addition of Rs.92,61,798/-. Ground No.1 & 2 are therefore allowed."
8. In the absence of any contrary material placed on record by the Revenue against the findings of the Ld.CIT(A) and keeping in view that the Ld.CIT(A) has deleted the addition after examining the matter in detail, we are of the view that the order passed by the Ld. CIT(A) does not call for any interference. The grounds taken by the Revenue are, therefore, rejected.
9. In the result, Revenue's appeal stands dismissed.
(Order pronounced in the open court on 18.4.2012)
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