Loading judgment…
Facts
The assessee appealed an order for AY 2018-19, claiming that the Assessing Officer (AO) failed to grant credit for TDS and Self Assessment Tax paid. The total credit claimed was Rs. 8,90,646/-.
Held
The Tribunal noted that the issue of TDS and Self Assessment Tax credit was limited. The Department agreed to restore the issue to the AO for verification. Ground no. 6 of the appeal was allowed for statistical purposes.
Key Issues
Whether the AO erred in not granting credit for TDS and Self Assessment Tax paid by the assessee. Whether penalty proceedings under Section 270A were validly initiated.
Sections Cited
234B, 270A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC”, DELHI
(A.Y. 2018-19) Gaurav Tiwari, 1401, Tower-6, Unitech Horizon, Sector PI-2, Greater Noida, Uttar Pradesh 201310 ...... अपीलाथ�/Appellant PAN: AEZPT-4925-L बनाम Vs. Deputy Commissioner of Income Tax, ..... �ितवादी/Respondent Circle 1(1), Gurugram, Haryana 122016 अपीलाथ� �ारा/Appellant by : S/Shri Ajay Goyal & Mudit Dewan, Advocates �ितवादी�ारा/Respondent by : Ms. Sudha Gupta, SR.DR सुनवाई क� ितिथ/ Date of hearing : 30/07/2025 घोषणा क� ितिथ/ Date of pronouncement : : 30/07/2025 आदेश/ORDER
PER VIKAS AWASTHY, JM:
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [in short ‘the CIT(A)’] dated 15.01.2025, for Assessment Year 2018-19.
The assessee in appeal has raised as many as ten grounds of appeal
. The ld. Counsel for the assessee restricted his submissions only to ground no. 6 of appeal only assailing non grant of tax credit.
3. Shri Ajay Goyal, appearing on behalf of the assessee submitted that the Assessing Officer (AO) has failed to give credit of TDS deducted against the income of the assessee and also the credit of Self Tax Assessment Tax paid by the assessee for the impugned assessment year. He contended that if the credit of tax already (A.Y. 2018-19) deducted for AY 2018-19 and self assessment tax is allowed, the demand for AY 2018-19 would be reduced to NIL.
Ms. Sudha Gupta, representing the department fairly stated that this limited issue can be restored back to the Assessing Officer for verification.
Both sides heard, orders of the authorities below examined. The short issue contended before us by the ld. Counsel for the assessee is that the AO has not given benefit of TDS and Self Assessment Tax to the assessee. The contention of the assessee is that TDS to the extent of Rs.5,24,546/- was deducted by the employers and the assessee has deposited self assessment tax to the tune of Rs.3,66,100/-. Thus, the AO has failed to give credit of taxes already paid aggregating to Rs.8,90,646/-. Considering the submissions made by rival sides, I deem it appropriate to restore the issue back to the jurisdictional AO for limited purpose of verification; if the credit of TDS and Self Assessment Tax for impugned assessment year has not been allowed to the assessee, the same be allowed. Thus, ground no. 6 of appeal is allowed for statistical purpose.
The assessee in ground no. 2 to 4 of appeal has assailed validity of reassessment proceedings. Since, no submissions were made by the Counsel for the assessee on this issue, ground no. 2 to 4 of appeal are dismissed.
Ground no. 1 and 5 of appeal are general in nature, hence, require no separate adjudication.
In ground no. 7 of appeal, the assessee has assailed charging of interest u/s. 234B of the Income Tax Act,1961(hereinafter referred to as ‘the Act’). Charging of interest u/s. 234B of the Act is consequential and mandatory, hence, ground no. 7 of appeal is dismissed.
(A.Y. 2018-19) 9. In ground no. 8 of appeal, the assessee has assailed initiation of penalty proceedings u/s. 270A of the Act. Challenge to penalty proceedings at this stage is premature. Hence, ground no. 8 of appeal is dismissed.