FLORENCE DISTRIBUTORS PVT. LTD.,MUMBAI vs. ACIT(OSD) 1(1)(3), MUMBAI

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ITA 2009/MUM/2021Status: DisposedITAT Mumbai15 June 2022AY 2004-058 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee should not suffer for the legitimate right of TDS credit deducted by a public sector bank. The AO was directed to grant the TDS credit to the assessee.

What were the facts?

The assessee claimed TDS credit of Rs. 32,560/- in their return of income. The AO denied this credit, and the CIT(A) upheld the AO's decision. The assessee appealed to the ITAT, arguing they had provided the TDS certificate.

What were the issues?

Whether the assessee is entitled to TDS credit when the TDS certificate was allegedly not filed within the prescribed time, despite the income being offered to tax.

Which sections of the Income-tax Act were involved?

Section 154,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

Before: SHRI M BALAGANESH & SHRI PAVAN KUMAR GADALE

For Respondent: Mr. S N Kabra. DR
Hearing: 31.05.2022Pronounced: 06.06.2022

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / The CIT(A) 4. आयकर आयु�त(अपील) / Concerned CIT �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, Mumbai / DR, ITAT, Mumbai 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// 1. ( Asst. Registrar) ITAT, Mumbai

Florence Distributors Pvt Ltd, Mumbai - 8 -

Initial Date 1. Draft dictated on 31.05.22 PS 2. Draft placed before author 02.06.22 PS

3.

Draft proposed & placed before PS the second member 4. Draft discussed/approved by PS Second Member. 5. Approved Draft comes to the PS Sr.PS/PS 6. Kept for pronouncement on 7. File sent to the Bench Clerk 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order. 11. Dictation Pad is enclosed 2. Other Member… on whi

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