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2015 (12) TMI 1522

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..... and issues involved therein are identical in nature, hence the same are taken together for disposal by this common order. First we take up the assessee's appeal for A.Y. 2009-10 bearing ITA No.7076/M/2012. ITA No.7076/M/2012 (for A.Y. 2009-10) 2. The assessee in this appeal has raised three effective issues. Vide ground No.1, the assessee has challenged the validity of the assessment order passed under section 153C of the Act. At the outset, the Ld. A.R. of the assessee has stated that as per instructions of his client, he does not press ground No.1. The ground No.1 of the appeal is therefore dismissed being not pressed. 3. Vide ground Nos.2 & 3, the assessee has agitated the confirmation of addition of Rs. 1,82,324/- being 1% of the tot .....

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..... of discrepancy in record in respect of certain payments made to certain parties on account of wages and labour charges. The AO has also made the disallowance finding discrepancies in the salary register. Hence, in our view, telescopic benefit is required to be given to the assessee in respect of the income offered on this account. Since the assessee has already declared additional income of Rs. 5,67,047/- in this respect, hence, in our view, no further disallowance of Rs. 1,79,732/- was warranted in this case. In view of the above, addition made on this issue is hereby ordered to be deleted. These grounds of the appeal of the assessee are therefore allowed. 7. Vide ground No.4, the assessee has claimed that the interest under section 234B .....

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..... nce to the filing of the return under section 143(1) or 143(3) and the income is increased in consequence of the reassessment proceedings, either under section 147 or under section 153A of the Act, the interest will be leviable as per the provisions of sub section (3) of section 234B of the Act. In view of the above, the AO is directed to calculate and compute the interest accordingly. 9. This appeal of the assessee is, thus, treated as partly allowed. 10. Now coming to the appeal of the assessee for A.Y. 2010-11 bearing ITA No.7077/M/2012. ITA No.7077/M/2012 11. The assessee in this appeal has taken three grounds of appeal. Vide ground No.1, the assessee has agitated the confirmation of addition of Rs. 18,200/- under section 68 of the .....

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..... n view of the fact that the assessee has explained the source of entire deposits of more than Rs. 7 lakhs, we do not find any justification on the part of the lower authorities in disbelieving the source of above deposits of meager amount of Rs. 18,200/-. This ground of appeal is accordingly allowed and the addition of Rs. 18,200/- confirmed by the Ld. CIT(A) is hereby ordered to be deleted. 14. Vide ground Nos.2 & 3, the assessee has agitated the addition of Rs. 1,87,676/- being 1% of the total wages and salary claimed to have been paid by the assessee during the year. The addition on this issue has been made on identical grounds as discussed above in ground No.2 of the appeal of the assessee for A.Y. 2009-10. However, the Ld. A.R. of the .....

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