VISHNU DUTT TRIVEDI,KANPUR NAGAR vs. INCOME TAX OFFICER WARD 2(2)(3), KANPUR
What did the Tribunal hold?
The Tribunal set aside the impugned appellate order and restored the issue of TDS credit back to the Assessing Officer for fresh verification. The Assessing Officer was directed to pass an appropriate order after due verification and providing an opportunity to the assessee.
What were the facts?
The assessee claimed credit for TDS amounting to Rs. 48,300/- on interest income from bonds, which was disallowed by the Assessing Officer. The assessee appealed this disallowance and the charging of interest under sections 234A and 234B.
What were the issues?
The primary issue was the assessee's claim for credit of Tax Deducted at Source (TDS) on interest income, which was disallowed by the revenue authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH ‘SMC’, LUCKNOW
Before: SHRI ANADEE NATH MISSHRA
PER ANADEE NATH MISSHRA:A.M. (A) This appeal has been filed by the assessee against the impugned appellate order of learned CIT(A)/Addl/JCIT(A)-1, Chennai vide order dated 06.02.2026 for the AY 2025-26. The assessee has raised the following grounds of appeal: “1. That on the facts and in the circumstances of the case, the learned A.O. (CPC) has erred in law and on facts by disallowing credit of TDS on interest amounting to Rs. 48300/- on Interest on Bond of Rs. 483000/- which is already included in the declared income in the ITR. Hence such
I.T.A. No. 301/Lkw/2026 Assessment Year: 2025-26 2
disallowance of credit of TDS being arbitrary, erroneous and against the provisions of law which may please be allowed. 2. That on the facts and in the circumstances of the case, the learned A.O. (CPC) has erred in law and on facts by charging interest u/s 234A and 234B in the Intimation issued u/s 143(1) of the Income Tax Act 1961 in respect of alleged shortfall in payment of tax liability arising due to disallowance of credit of such TDS of Rs. 48300/- 3. That on the facts and in the circumstances of the case, the learned A.O. has erred in law and on facts by raising a demand of Rs. 58270/- vide Intimation dated 12.11.2025 issued u/s 143(1) of Income Tax Act 1961 which is the result of wrongfully disallowance of TDS credit of Rs. 48300/-.
(B) The only issue in dispute in this appeal is regarding the assesee’s claim for credit on account of Tax Deducted at Source (TDS) although several grounds of appeal have been taken in this appeal, they all relate to the assessee’s claim for credit for TDS amounting to Rs. 48,300/- on the interest income of the assessee on bonds amounting to Rs. 4,83,000/-. It has been contended in the grounds that the First Appellate Authority (‘FAA’ for short) has denied credit ignoring the facts brought on record by the appellant assessee in written submissions dated 07.01.2026. He requested that the issue in dispute regarding assessee’s claim for credit for TDS should be restored back to the file of the Assessing Officer with the direction to grant credit for TDS, as per law, after due verification. The Learned Departmental Representative expressed no objection to this.
(C) In view of the foregoing, the impugned appellate order of the Learned CIT(A) is set-aside and the dispute regarding assessee’s claim for credit of TDS is restored back to the file of the Assessing Officer with the direction to pass appropriate order in accordance with law after due verification of facts and after providing reasonable opportunity to the assessee.
I.T.A. No. 301/Lkw/2026 Assessment Year: 2025-26 3
(D) All grounds of appeal are treated as disposed off, in accordance with the aforesaid directions. For statistical purposes, the appeal is partly allowed.
(Order was pronounced in the open court on 12/05/2026)
Sd/- (ANADEE NATH MISSHRA) Accountant Member Date: 12/05/2026 SK, Sr.PS
Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T., 5. CIT(A)
Senior Private Secretary Income Tax Appellate Tribunal Lucknow
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