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TMI Blog2012 (10) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... eting the addition of Rs. 1,96,09,782/- made by the Assessing Officer on account of difference between the gross receipts as per TDS certificates and those as declared by the assessee. ii) The appellant craves for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of appeal." 3. In this case the Assessing Officer observed that as per the records and TDS certificate furnished with the assessment records, gross receipt was Rs. 7,07,71,920/- as against Rs. 5,11,62,138/- as shown in P&L account of the assessee. Therefore, Assessing Officer held that the assessee has wrongly understated its receipt, thereby failing to disclose fully and truly all material facts. According ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns, Ld. Commissioner of Income Tax (A) observed that he was of the opinion that there is no suppression of receipts and the addition of Rs. 1,96,09,782/- was deleted. 5. Against the above order the Revenue is in appeal before us. 6. We have heard the rival contentions and perused the records. We find that Ld. Commissioner of Income Tax (A) has clearly given a finding that the assessee has submitted its reconciliation of the total turnover, as per TDS certificates and that as per the books of account. Based on the reconciliation, the addition in this case is not sustainable. Further ld. Counsel of the assessee has produced the following letter issued vide F.No. DCIT/Cir-17(1)/Audit/2006-07/925 dated 26.3.2007:- "To, The Dy. Director of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on statement and confirmations furnished by the assessee. In view of the foregoing the objection raised by the audit as to the difference in the gross receipts as per TDS certificates and as declared in the P&L account may kindly be treated as settled. Yours faithfully, Sd/- (SUBHASH SAHNI) DY. COMMISSIONER OF INCOME TAX, CIR. 17(1), NEW DELHI 7. Considering the above, in our considered opinion, the variation in the receipts as per accounts and that as per the TDS certificates is cogently explained. Hence, the addition is not sustainable. Under the circumstances, we find that there is no infirmity in the order of the Ld. Commissioner of Income Tax (A) and hence, we affirm the same. 8. In the result, the appeal filed by the Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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