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Facts
The assessee's appeal for AY 2014-15 challenged the disallowance of TDS credit of Rs. 1,90,000/-. The CIT(A) had dismissed the appeal as time-barred. The assessee contended that the TDS credit pertains to income accounted for in AY 2014-15 as per Rule 37BA(3)(i), although the deduction appeared in Form 26AS for AY 2013-14.
Held
The Tribunal directed the Assessing Officer to examine the issue of TDS credit afresh, requiring factual verification due to the mismatch in TDS details. The AO is to provide three effective opportunities for this examination.
Key Issues
Whether TDS credit of Rs. 1,90,000/- should be allowed for AY 2014-15 as per Rule 37BA(3)(i) when it was deducted in AY 2013-14 and appeared in Form 26AS of AY 2013-14.
Sections Cited
Section 143(1) of the Income Tax Act, 1961, Rule 37BA(3)(i) of the Income Tax Rules, 1962
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. M. Balaganesh
Asstt. Year : 2014-15 Brijbasi Fire Safety Systems Pvt. Vs Income Tax Officer, Ltd., A-28, Basement, Hauz Khas, Ward-5(1), New Delhi-110016 New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AABCB0474D Assessee by : Sh. Naresh Agarwal, CA Revenue by : Sh. Poojan Rana, Sr. DR Date of Hearing: 19.11.2024 Date of Pronouncement: 05.12.2024 ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2014-15, arises against the order of Addl/JCIT(A)-2, Pune dated 12.03.2024 in DIN & Order No. ITBA/APL/S/250/2023- 24/1062490948(1) in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “The Act”).
Heard both the parties at length. Case file perused.
3. The assessee pleads the following substantive grounds in the instant appeal:
“1. Whether the learned CIT(A) was right in holding that the appeal filed before him was time barred by more than 8 year. In view of the facts that the assessee has not received any assessment order neither on mail nor through postal department. 2. Whether the CIT (A) was right in not taking other grounds of appeal in view of the dismissal of appeal on the ground that the same has been filed by the assessee.
2 Brijbasi Fire Safety Systems Pvt. Ltd.
Whether CPC or the assessing officer was right in not allowing the TDS of Rs. 190000.00 to the assessee in A. Y. 2014-15 because it was deducted in A. Y. 2013-14 and appearing in 26AS of A. Y. 2013-14. However the assessee has claimed the same in A. Y. 2014-15 as per Rule 37BA(3)(i) of the Income Tax Rules 1962 as the income in respect of this certificate has been accounted for in A. Y. 2014-15.”
Learned counsel representing assessee only press for its third substantive ground that both the lower authorities herein have erred in law and on facts in not allowing TDS credit of Rs.1,90,000/- in A.Y. 2014-15 on the ground that the same had been deducted in preceding assessment year 2013-14 as per its Form 26AS. He quotes Rule 37BA(i) of the Income Tax Rules, 1962 on the ground that the relevant certificate to this effect has been issued in A.Y. 2014-15 and therefore, we ought to allow the taxpayer’s sole substantive grievance raised in this appeal on merits.
The Revenue’s case on the other hand is that the learned lower authorities have rightly disallowed TDS credit as per the assessee’s Form 26AS issued for A.Y. 2013-14.
Faced with this situation, we are of the considered view that the assessee’s instant sole substantive ground more requires the Assessing Officer’s factual verification than our substantive adjudication since involving mismatch of TDS credit details. We order accordingly and direct the learned Assessing Officer to examine instant issue afresh as per law in three effective opportunities. No other ground or arguments has been pressed at this stage.