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2023 (8) TMI 155

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..... y of return of income and computation clearly reveals that neither the assessee has shown any interest income nor the assessee has claimed any TDS thereon as, picked up by the Assessing Officer for making addition in the hands of assessee. Decided in favour of assessee. - Shri Chandra Mohan Garg, Judicial Member And Shri Pradip Kumar Kedia, Accountant Member For the Assessee : Shri Arun Kishore, CA, Shri Alok Surya, Adv. For the Revenue : Shri Kanav Bali, Sr. DR ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of Ld. CIT(A)-2, New Delhi dated 27.06.2019 for AY 2010-11. 2. The grounds of assessee are as follows:- 1. That the order of CIT(Appeals) 2 (CIT A) dated 27-06-2019 confirming the addition made by Inco .....

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..... ,671/- be deleted. 3. First of all, the ld. Assessee Representative (AR) submitted that the assessee does not want to press ground no. 2 hence the same is dismissed as not pressed. Ground no. 5 6 4. The ld. AR submitted that on the Facts of the Case and in law, the Ld. AO and Ld. CIT-A have both erred in assessment of income of Rs. 17,90,671/- as if earned and received, when the appellant had neither earned nor received such interest income during the year as per copy of audited financial statements filed. He further contended that on the Facts and Circumstances of the case and in law, Ld. AO and Ld. CIT-A have both erred in confirming addition of Rs. 17,90,671/- u/s 68 of The IT Act, when no such amount was found credited in the books of a .....

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..... TDS thereon. In view of above uncontroverted factual matrix we have no hesitation to hold that the addition made by the Assessing Officer and upheld by the ld. CIT(A) u/s. 68 of the Act is not sustainable as the copy of return of income and computation clearly reveals that neither the assessee has shown any interest income nor the assessee has claimed any TDS thereon as, picked up by the Assessing Officer for making addition in the hands of assessee. Accordingly, ground no. 5 6 of assessee are allowed and Assessing Officer is directed to delete the addition. 7. The ld. representatives of both the side have not placed any submissions on the remaining grounds no. 1, 3 4 of assessee therefore we don t deem it fit to adjudicate the same in abse .....

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