DEEPSHIKHA TRADING COMPANY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(2), KOLKATA
What did the Tribunal hold?
The Tribunal held that the CIT(A)'s view was incorrect, as the credit for TDS and advance tax of the amalgamating company ought to have been allowed to the amalgamated company. Since the amalgamating company no longer existed and its assets and liabilities were taken over, the credit must be allowed to the amalgamated company.
What were the facts?
The assessee company, after amalgamating with another entity, claimed credit for TDS and advance tax paid by the amalgamating company. The Assessing Officer (AO) passed an order under Section 143(3) accepting the returned income, but did not grant the claimed credit. The CIT(A) dismissed the appeal, holding it was infructuous as the cause of action arose from the intimation under Section 143(1).
What were the issues?
Whether the amalgamated company is entitled to claim TDS and advance tax credit of the amalgamating company, and whether the appeal against the Section 143(3) order was rightly dismissed as infructuous.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 143(1),Section 199,Section 198,Section 246A,Section 154
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA
order
: January 14th, 2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2018-19 dated 31.07.2024, which has been passed against the assessment order u/s 143(3)/143(3A)/143(3B) of the Act, dated 12.02.2021.
More judgments on Section 199
- M/S. Harsha Engineers International Ltd… vs The Dy.CIT, Circle-2(1)(1), AhmedabadITA 1357/AHD/2024[2018-19]Status: Disposed1 Oct 2026AY 2018-19
- M/S. Harsha Engineers International Ltd… vs The Dy.CIT, Circle-2(1)(1), AhmedabadITA 1357/AHD/2024[2018-19]Status: Disposed1 Oct 2026AY 2018-19
- Hiteshkumar Mohanlal Desai, Daman vs The Assessment Unit, ITO, Daman Ward, DamanITA 962/SRT/2025[2018-19]Status: Disposed29 Sept 2026AY 2018-19
- Highrise Slipform Infra Private Limited… vs Additional/Joint Commissioner of Income Tax…ITA 1267/PUN/2026[AY 2024-25]Status: Disposed29 Sept 2026
- Hiteshkumar Mohanlal Desai, Daman vs The Assessment Unit, ITO, Daman Ward, DamanITA 962/SRT/2025[2018-19]Status: Disposed29 Sept 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Sanjay Maheshwari vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026
- Iyyanan Eswaran vs. The Appellate Deputy Commissioner (St) (GST)Madras · 14 Oct 2026
- M/S Dc Security Services vs. Commissioner Of Central Goods And Services TaxUttarakhand · 14 Oct 2026
- M/S Shreekanth Enterprises vs. Joint Commissioner AppealsUttarakhand · 14 Oct 2026
- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026