ASSISTANT COMMISSIONER OF INCOME TAX PANVEL CIRCLE PANVEL, PANVEL vs. GATEWAY TERMINALS INDIA PVT LIMITED, NAVI MUMBAI

Aggrieved with such order of the Ld. Addl./JCIT(A) the Revenue is in appeal by raising the following grounds: a. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in allowing the appeal of the assessee on the basis of additional evidences produced by the assesse during appellate proceedings for the first time which were never produced before the A.O. b. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not appreciating the fact that the when the TDS credit is claimed entirely as per the provisions of Act, the entire revenue should have been offered by the assessee. c. The appellant prays that the order of the CIT(A) may be set aside and that of the assessing Officer be restored. d. The appellant craves leave to add, alter, amend and modify any of the above grounds of appeal either before or at the time of hearing of the appeal, if considered necessary.

We have heard the rival arguments made by both the sides, perused the intimation of the Assessing Officer (CPC) and the order of Ld. Addl./JCIT(A). We have also gone through the paper book filed on behalf of both sides and considered the various decisions cited before us by both sides. A perusal of the order of the Ld. Addl./JCIT(A) shows that he has restored the matter to the file of the Assessing Officer with a direction to allow full credit of TDS of Rs.14,97,56,442/- as reflected in Form 26AS for assessment year 2021-22 after due verification of proper TDS and whether the income related to the gross receipt in accordance with section 199 read with Rule 37BA. The relevant part of the order of the Ld. Addl./JCIT(A) reads as under: “6.3 In view of the above facts and circumstances, the restriction of TDS credit in the case of the appellant, vide intimation u/s 143(1) dated 22.09.2022 is held to be erroneous and not sustainable. In view of the documentary evidence furnished in support of TDS made the AO is directed to allow full credit of TDS of Rs.14,97,56,442/- as reflected in Form 26AS for the A.Y. 2021-22 after due verification of proper TDS and whether the income related to the gross receipt in accordance with Section 199 read with Rule 378A”

Under these circumstances, since the Ld. Addl./JCIT(A) has restored the issue to the file of the Assessing Officer for due verification and thereafter only allow full credit of TDS of Rs.14,97,56,442/-, therefore, the Revenue should not have any grievance. Under these circumstances, we do not find any merit in the grounds raised by the Revenue. Accordingly, the same are dismissed.

After hearing both the sides, we find the grounds raised by the Revenue in the above 2 appeals are identical to the grounds raised by the Revenue in . We have already decided the issue and dismissed the grounds raised in . Following similar reasonings, we dismiss the grounds raised by the Revenue.

The Ld. Counsel for the assessee did not press the three COs filed by the assessee for which the Ld. DR has no objection. Hence, we dismiss the three COs filed by the assessee as ‘not pressed’.

In the result, all the three appeals filed by the Revenue and the three COs filed by the assessee are dismissed.