9911796707
TMI Blog2023 (7) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... however, since the said company was not traceable and that the said credit of TDS by the said company was under some error or mistake, hence, the impugned additions without verification of proper facts by the Assessing Officer were not justified. Merely because the TDS has been shown to have deducted and deposited in assessee s account that itself is not the absolute proof of assessee having received any sum/income from the said deductor especially when the assessee has specifically denied any transaction with the said deductor. The same can be a result of any mistake or error also. The impugned additions made by the lower authorities are set aside and the matter is restored to the file of the AO to make appropriate enquiries in this res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the amount of Rs. 4,99,999/- as unaccounted/concealed income of the assessee. 4. The ld. CIT(A) confirmed the additions so made by the Assessing Officer observing that the assessee could not prove or confirm from the said deductor M/s Loop Mobile (India) Ltd. that the assessee has not received any sum from the said company. 5. We have heard the ld. DR and gone through the record. A perusal of para 5 of the impugned order of the CIT(A) would reveal that the assessee before the CIT(A) has contended that even in preceding years, the said M/s Loop Mobile (India) Ltd. had shown deduction and deposited the TDS in assessee s account, however, the said entry were reversed by the said company. However, in the year under consideration, despi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was under some error or mistake, hence, the impugned additions without verification of proper facts by the Assessing Officer were not justified. Merely because the TDS has been shown to have deducted and deposited in assessee s account that itself is not the absolute proof of assessee having received any sum/income from the said deductor especially when the assessee has specifically denied any transaction with the said deductor. The same can be a result of any mistake or error also. In view of this, the impugned additions made by the lower authorities are set aside and the matter is restored to the file of the Assessing Officer to make appropriate enquiries in this respect from the deductor /from the ITR/assessment records, if any, of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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