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2018 (1) TMI 1367

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..... llowing reasons :- "During the course of assessment proceedings in the case of sh. Dhruv Sachdeva for the A.Y. 2011-12 it is found that the assessee has not declared the true/correct amount of tax deducted at source and there is huge difference of TDS claimed and TDS shown in 26AS statement. Similarly issue has also been detected for the A.Y. 2007-08. The assessee has claimed TDS of Rs. 64,332/- on receipts of Rs. 11,89,074/- whereas as per TDS in 26As this amount is 98045/- on receipt of 18,12,205/-. Therefore, facts are leading to conclusion that the assessee has not declared his income/receipts to the tune of Rs. 6,23,131/- (18,12,205 - 11,89,074/-) for the A.Y. 2007-08 and has evaded tax liability on the income earned during this peri .....

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..... as disallowance of telephone expenses is concerned, the ld. CIT(A) restricted the same to 5%. He however did not adjudicate the issue relating to bad debts. 5. Aggrieved with such order of the ld. CIT(A), the assessee is in appeal before the Tribunal by raising various grounds. 6. So far as grounds relating to reopening of the assessment is concerned, ld. counsel for the assessee did not press the same due to smallness of the amount. Accordingly, the ground relating to reopening of assessment is dismissed as not pressed. 7. So far as addition of Rs. 6,23,131/- is concerned, the ld. counsel for the assessee drew the attention of the Bench to page 3 of the order of the ld. CIT(A) wherein he had given the re-conciliation. He also drew out .....

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..... essing Officer has made disallowance of Rs. 38,534/- being 1/5th of the telephone expenses being probable personal use which has been restricted by the ld. CIT(A) to 50% of such expenses. Considering the totality of the facts of the case and considering the facts that certain free calls are allowed by the Telephone Department, lump sum disallowance of Rs. 10,000/- under the facts and circumstances of the case will meet the ends of justice. I hold and direct accordingly. The issue relating to the telephone expenses is accordingly partly allowed. 11. So far as levy of interest u/s 234B and 234D is concerned, the same is mandatory and consequential in nature. However, I direct the Assessing Officer to verify the computation and rectify the ar .....

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