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Page 7 of 9 IT(TP)A No.494/Bang12022 Page 7 of 9 He reiterated the same and further submitted that "we hope these documentary evidence would prove that the amount reduced from Income in A V 2008-09 amounting to Rs. 2,36,07,6611- is nothing but reversal of the provision made in the previous A V and already subjected to tax by way of disallowance, now being credited to P/L account in A V 2008-09. The said transaction is not attracting the TDS provisions during current assessment year being credit to P/L account".
From the above submission, it is clear that the assessee has not deducted TDS in any of the AY but has not demonstrated that when the expenditure was reduced from the revenue of the company for computing Income from Business & profession, however, the Tax Auditor has not made any comments on this issue in the AY 2008-09. Therefore, considering the totality of facts and with the consent of the Id. AR, we deem it fit to send back the issue to the file of the AO for verification as per the direction by the co-ordinate bench quoted supra in para no.
The AO is directed to give three effective opportunity to the assessee to represent his case and the assessee is also directed to appear before the AO with necessary documents for substantiating his case.
In the result, appeal of the assessee is allowed for statistical purposes. The order is pronounced in open court on 21st day of November 2022
(George George K) Accountant Member Bangalore, Dated, 21.11.2022 /NS/Vms