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TMI Blog2013 (7) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances of the case, the ld. CIT(A) has erred in :- 1. In holding that the addition of Rs.18,54,000/- made by the Assessing Officer is on account of sale booked whereas the same pertains to contracts executed on which TDS has been deducted." 3. The grounds taken by the assessee in cross objection read as under:- "1) Because the departmental appeal is bad in law as on facts and is liable to be dismissed. 2) Because the Learned Assessing authority has failed to appreciate that the assessee has fully discharged the initial onus regarding the Sales Figures as per Profit & Loss A/c ,Tax Audit Report and Delhi Vat Returns Filled Quarterly. 3) Because the Learned Assessing authority has wrongly take the difference of Sales figures and Advanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arty with reference to the appellant exactly matches the chart submitted by the appellant. Thus, it can be seen that all the payments received by the appellant have been duly declared by them in the Returns of Income for relevant assessment years. The year-wise bifurcation has been carried out by the appellant on the basis of the work completed by them on year to year basis and the same has been duly audited by the Chartered Accountant for the current year under consideration. Therefore, after careful consideration of all the facts and circumstances of the case, I am of the opinion that the AO made this addition without cross- checking the same from the party making the payment and without considering as to whether there was any tax evasion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion, the Commissioner of Income Tax(A) found that the detail of sales reflected in profit & loss account of the assessee were matched with the details received in reply to the notice u/s 133(6) of the Act, therefore, the addition was deleted by the Commissioner of Income Tax(A) on justified grounds and reasonable basis. The AR supported the impugned order and contended that the appeal of the revenue deserves to be dismissed. 9. In view of above, we observe that the Commissioner of Income Tax(A) took a right approach to verify the details submitted by the assessee during the assessment proceedings and the Commissioner of Income Tax(A) found that the details and copies of the accounts submitted by the Bahujan Samaj Party were exactly matchi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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