RAVI KHAITAN ,KOLKATA vs. DCIT,CIR-7(1),KOLKATA. , KOLKATA

The assessee in this appeal has contested the action of the CPC in not giving credit of TCS deducted of Rs.1,101,759/- and Rs.1,48,456/- deducted by banks and duly appeared in Form 26AS.

The ld. CIT(A) in the impugned order has noted the facts as under: “The assessee filed income tax return on 29.09.2022 at total income of Rs.94,32,160/- and claimed tax paid Rs.30,02,618.00. CPC assessed at Rs.94,32,160.00 but allowed payments of Rs.29,83,831.00. CPC did not allow TCS of Rs.1,01,759.00 and Rs.1,48,456.00 deducted by banks even though appearing in 26AS. CPC wrongly stated year of deduction Assessment Year: 2022-23 Ravi Khaitan 2020 when as per 26AS transactions date was 30.12.2021 and 25.03.2022. Hence this appeal.” After considering the submissions of the assessee, the ld. CIT(A) has directed as under: “Form 26AS has been verified and found that the claimed TCS of Rs.1,48,456/- and 1,01,759/- have been duly shown therein and the related transactions were carried out during the relevant FY. The appellant further submitted that there is no mismatch on the account of TCS shown in the Form 26 AS and claimed in ITR by the assessee. In view of these facts, the AO is directed to verify whether the concerned TCS amount have been credited/paid to the government account and whether the corresponding income has been offered in the income tax return. If the results of these verifications are positive, the A.O is directed to give the claimed credit of TCS as mentioned above. Accordingly, these grounds of appeal are partly allowed.”