2013 (5) TMI 909

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng the remand proceedings, assessee was not able to reconcile the difference to the extent of Rs. 24,73,729/-. 2.On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the disallowance of Rs. 2,23,574/- u/s. 40(a)(ia) of the Act on account of short deduction of TDS without appreciating the facts that disallowance u/s 40(a)(ia) of the Act was correctly made for short deduction of TDS'. 3. The assessee prays that the order of CIT(A) on the above grounds be set aside and that of the Assessing Officer be restored. 4. The assessee craves leave to amend or alter any ground or add a new ground which may be necessary. 2. Assessee-company, engaged in the business of transport,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ies, the assessee has reconciled the figures with its books of account except Rs. 61,366/- in the case of Nahar Industrial Enteerprises Ltd. ii)Around 11 parties had not replied even to notice u/s 133(6) which shows that the parties had either closed down their business or had shifted and the particulars were not known either to the assessee or the Department. iii)The assessee had requested the department to summon the ledger accounts of such parties through notice u/s 133(6),but such efforts made by the AO did not succeed. Therefore, in absence of their ledger account, it was not possible for the assessee to reconcile the AIR information. iv)The assessee's receipts from its operations were more than the AIR f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....umstances, his order does not suffer from any factual or legal infirmity. Therefore, confirming his order we decide Ground No.1agaisnt the AO. First Ground of appeal filed by the AO stands dismissed. 3. Next Ground of appeal is about disallowance made by the AO, u/s.40(a)(ia) of the Act, for short deduction of TDS. During the assessment proceedings AO found that assessee had made short deduction of Rs. 5,336/-. As per AO assessee filed details of short deduction of TDS and the corresponding amount was Rs. 2.23 lakhs. Invoking the provisions of section 40(a)(ia) of the Act, he disallowed the amount of payment of Rs. 2,23,547/- and added back same to the income of the assessee. 3.1. Assessee preferred an appeal before the First Appea....