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TMI Blog2016 (12) TMI 1357X X X X Extracts X X X X X X X X Extracts X X X X ..... y irregularity or infirmity in the above extracted lower appellate findings. It has further come on record that the assessee had collected Form No.27C in support of its TCS collection. The CIT(A) sought a remand report thereupon. The Assessing Officer did not comment any adverse material in his remand report dated 08.06.2012 forming part of the paper-book at pages 81 to 91. We thus uphold CIT(A)’s common order under challenge in both the appeals. - ITA Nos. 513 & 515/Rjt/2012 - - - Dated:- 20-12-2016 - Shri N. K. Billaiya, Accountant Member And Shri S. S. Godara, Judicial Member Revenue by : Shri C.S. Anjaria, DR Assessee by : Shri Vimal Desai, CA ORDER Per S. S. Godara, Judicial Member These two Revenue s appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. I have duly considered the assessment order alongwith the remand report of the A.O. and submissions of the appellant. It is observed that in the remand proceedings, the appellant produced declarations in form No.27C before the A.O. which is a fact evident from the operative part of the remand report as reproduced above. There are no adverse findings against the appellant in remand report. The appellant has reconciled its sales as per audited accounts and TCS in the following manner. Particulars FY 2005-06 FY 2006-07 Sales as per audited accounts 24,40,34,969 29,26,57,991 Add : Sales return, taxes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttlement in our books. The figure of discount, rebate and settlement was ₹ 5,39,507/- for F.Y. 2005-06 ₹ 13,65,304/- for F.Y. 2006-07 as per audited accounts which includes the above difference. As far as filing of declarations is concerned, it is observed that the figures as per the A.O. and the figures as per the appellant are broadly matching. In fact, the figures as per A.O. are more than the appellant which clearly indicate that the declarations of requisite amount have been received by the appellant to discharge him from the liability of TCS. There is no adverse finding of the A.O. in respect of this and hence the submissions of the appellant have to be accepted. It is also found to be acceptable that once the decl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersonal consumption is excluded are convincing and hence accepted. On the remaining amount, the appellant has paid TCS and proofs of payment have been furnished. Therefore, there cannot be any dispute regarding this. The net difference is of very small amount and for that the appellant has given a plausible reason by way of a note which is verifiable from the audited accounts. Thus, the appellant has been able to establish the position of TCS in respect of its entire sales with supporting evidences. The same has been verified by the A.O. and no infirmity has been found. Under the circumstances, the demand cannot be sustained. I therefore direct the A.O. to delete the entire demand for both the years. Grounds No. 2 to 5 are thus allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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