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TMI Blog2016 (1) TMI 1129X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has reconciled 161 un-reconciled entries by furnishing all necessary details. It is not the case of the Department that the information / details submitted by the assessee in respect of un-reconciled entries are not genuine or unbelievable. Therefore, when the learned Commissioner (Appeals) has directed the Assessing Officer to verify the reconciliation of entries by examining the details submitted by the assessee, there is no reason why the Department should be aggrieved. Prima-facie, as could be seen, the learned Commissioner (Appeals) has directed the Assessing Officer to give effect only to the entries reconciled by the assessee. Moreover, on a perusal of the relevant case laws cited by the learned counsel, we find that the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as is clear from the order of CIT(A) which says that AO must give effect to the same after duly verifying these entries and cross checking them with AIR details to give effect, may be after obtaining an indemnity Bond from the appellant . 2. The Learned CIT(A) has erred on facts and in law in directing the Assessing Officer to allow credit of TDS and grant interest u/s 244A after making the verification without properly appreciating the legal and factual matrix as clearly brought out by the Assessing Officer. 2. As could be seen from the above grounds, the issue raised by the Department is confined to learned Commissioner (Appeals)'s direction to the Assessing Officer to verify the reconciliation of TDS and giving effect to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e discrepancies in respect of certain other entries. However, considering the fact that for majority of entries assessee was able to furnish details, learned Commissioner (Appeals) directed the Assessing Officer to verify the entries as per reconciliation statement submitted by the assessee by cross checking with AIR information and given effect to them after obtaining indemnity bond from the assessee. 5. The learned Departmental Representative submitted, before the Assessing Officer, the assessee did not reconcile 161 entries by furnishing necessary details. Only before the learned Commissioner (Appeals), the assessee did submit certain details reconciling some of the entries. However, the learned Commissioner (Appeals) has directed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as received income more than what is declared in Profit Loss account. It is also a fact on record that in course of hearing of appeal, assessee has reconciled 161 un-reconciled entries by furnishing all necessary details. It is not the case of the Department that the information / details submitted by the assessee in respect of un- reconciled entries are not genuine or unbelievable. Therefore, when the learned Commissioner (Appeals) has directed the Assessing Officer to verify the reconciliation of entries by examining the details submitted by the assessee, there is no reason why the Department should be aggrieved. Prima-facie, as could be seen, the learned Commissioner (Appeals) has directed the Assessing Officer to give effect only to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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