What did the Tribunal hold?

The Tribunal found that the CIT(Appeals) dismissed the appeal without deciding on merits. The Tribunal directed the Assessing Officer to examine the matter and allow the TDS credit as per Form 26AS.

The assessee's appeal was dismissed by the CIT(Appeals) for not allowing TDS tax credit of Rs. 28,000, which was reflected in Form 26AS. The Assessing Officer had also not allowed this credit while passing an order under section 143(1).

What were the issues?

Whether the TDS credit reflected in Form 26AS should be allowed when the income is duly disclosed in the return. The propriety of the CIT(Appeals) dismissing the appeal without a decision on merits.

M/S. Sankalp Commodity Brokers… vs I.T.O., Ward - 5(1) | ITAT Kolkata 2026

Income Tax Appellate Tribunal, ‘SMC’ BENCH, KOLKATA

Before: Shri Duvvuru RL Reddy, Vice-(KZ)

ITA No. 666/KOL/2026 (A.Y. 2020-2021) Sankalp Commodity Brokers Private Limited IN THE INCOME TAX APPELLATE TRIBUNAL, ‘SMC’ BENCH, KOLKATA Before Shri Duvvuru RL Reddy, Vice-President (KZ) I.T.A. No. 666/KOL/2026 Assessment Year: 2020-2021 Sankalp Commodity Brokers Private Limited,……………………………………………..Appellant 14, Netaji Subhas Road, 3rd Floor, Room No. 313, Kolkata-700001 [PAN:AAJCS4733Q] -Vs.- Income Tax Officer,………………………..…..Respondent Ward-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances by: Shri Ankit Jalan, A.R., appeared on behalf of the assessee Ms. Pampa Ray, Sr. D.R., appeared on behalf of the Revenue Date of concluding the hearing: June 10, 2026 Date of pronouncing the order: June 12, 2026 O R D E R

The present appeal is directed at the instance of assessee against the order of Id. Additional/ Joint Commissioner of Income Tax (Appeals), Kochi dated 06.01.2026 passed for Assessment Year 2020-2021.

The only issue raised by the assessee in this appeal is against the order of ld. CIT(Appeals) dismissing the appeal of the assessee

ITA No. 666/KOL/2026 (A.Y. 2020-2021) Sankalp Commodity Brokers Private Limited by not allowing TDS Tax Credit of Rs.28,000/-, which was as per Form 26AS.

After hearing the rival contentions and perusing the material available on record, I find that in this case, the ld. Assessing Officer while passing the order under section 143(1) of the Act has not allowed the credit of TDS Rs.28,000/- to the assessee qua which the income was duly disclosed in the return of income. The ld. CIT(Appeals) did not consider the plea of the assessee and dismissed the appeal of assessee without deciding the appeal on merit and simply upholding the order of ld. Assessing Officer. However, we note that the issue has to be examined at the level of ld. Assessing Officer and accordingly I direct the ld. Assessing Officer to look into the matter and allow credit of TDS as per Form 26AS.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 12/06/2026.

Sd/- (Duvvuru RL Reddy) Vice-President (KZ) Kolkata, the 12th day of June, 2026

ITA No. 666/KOL/2026 (A.Y. 2020-2021) Sankalp Commodity Brokers Private Limited Copies to :(1) Sankalp Commodity Brokers Private Limited, 14, Netaji Subhas Road, 3rd Floor, Room No. 313, Kolkata-700001 (2) Income Tax Officer, Ward-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Addl./JCIT(A), Kochi; (4) CIT - , Kolkata; (5) The Departmental Representative; (6) Guard File TRUE COPY By order

Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha

M/S. SANKALP COMMODITY BROKERS PRIVATE LIMITED,KOLKATA vs. I.T.O., WARD - 5(1), KOLKATA

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