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TMI Blog2016 (11) TMI 329X X X X Extracts X X X X X X X X Extracts X X X X ..... ation has no financial transaction and has no claim of TDS. Taking into consideration the facts of the case and submissions of the assessee, we are of the view that this is a clerical error where name of the assessee was mistakenly mentioned as M/s. Davesmen India Pvt. Ltd instead of M/s. Davesmen India in the said certificate issued u/s. 197(1) of the Act. We are of the view that the mistake inadvertently crept in and in such circumstances, the addition made thereon is not sustainable. Therefore, the addition made by the AO and confirmed by the CIT-A is hereby deleted. Accordingly, the ground raised by the assessee is allowed. - I.T.A. No. 2542/Kol/2013 - - - Dated:- 19-10-2016 - Shri M.Balaganesh, Accountant Member And Shri S.S.Viswane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [TDS], Cir-49(1), Delhi authorising the assessee not to deduct tax at source on such payment made to Confederation of Indian Industry [CII]. According to the AO the said certificate was not issued in favour of assessee to claim exemption and was issued in favour of M/s. Davesmen India Pvt. Ltd. The AO was of the view that since the said certificate was issued in favour of M/s. Davesmen India Pvt. Ltd and not in the name of M/s. Davesmen India, the assessee herein, he disallowed the payment of ₹ 3,00,000/- made to Confederation of Indian Industry by the assessee and added the same to the total income of the assessee u/s. 40(a)(ia) of the Act. 5. Before the CIT-A, the assessee contended that it was due to clerical error where name o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee herein being M/s. Davesmen India. It is also seen from the record that there is no adverse inference drawn by the AO with regard to raising of invoice and such payment was caused through assessee s bank account. On perusal of documents filed in the paper book show that M/s. Davesmen India Pvt. Ltd was incorporated in the year 2008 and there was no financial transaction. It is also noticed that on such entity the assessee filed its return of income along with computation of income and certificate of incorporation to show that M/s. Davesmen India Pvt. Ltd was incorporated during the year i.e under consideration has no financial transaction and has no claim of TDS. Taking into consideration the facts of the case and submissions of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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