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Income Tax Appellate Tribunal, KOLKATA ‘A(SMC
Before: Shri P.M. Jagtap, Vice-(KZ)
This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-3, Kolkata dated 24.05.2018 and the solitary ground raised therein by the assessee reads as under:- “For that in view of facts and circumstances, ld. CIT(Appeals)-3 passed the order not good in the eye of law since contravening the provisions of section 250(1), 250(4) and 250(6) of the Income Tax Act manifest from the observation recorded “therefore the Assessing Officer is hereby directed to allow the credit of said TDS if any after due verification”.
The assessee in the present case is a company, which filed its return of income for the year under consideration on 14.11.2013. The said return was processed by CPC, Bangalore under section 143(1) accepting the income as declared by the assessee. The credit for tax Assessment Year: 2014-2015 M/s. Anuvarat Exports & Imports Private Limited deducted at source amounting to Rs.57,501/- as claimed by the assessee in the return of income, however, was not allowed and consequently a demand of Rs.62,710/- was raised against the assessee. The assessee moved an application under section 154 seeking rectification of mistake in the intimation issued under section 143(1) in not giving the credit on account of tax deducted at source and on rejection of the said application, he filed an appeal before the ld. CIT(Appeals). After considering the submissions made by the assessee before him, the ld. CIT(Appeals) decided the issue vide paragraph no. 3 of his appellate order dated 24.05.2018 as under:- “The only issue in this case is short credit of TDS of Rs.57,501/-. The appellant has filed its return of income on 14.11.2013. The CPC Bangalore processed the return of income filed by the appellant and issued intimation u/s 143(1) dated 05.11.2015 determining the tax liability at Rs.62,710/-. The appellant has fixed deposit with Bank of Rs.5,74,997.33 and the TDS was deducted by Bank of Rs.57,501/-. The AR of the appellant has claimed that the sum of Rs.57,501/- is being reflected in Form 26AS of the appellant. The appellant therefore filed rectification application u/s 154 and again the AO has given NIL credit. No reasons have been given for rejection of the 154 application. Due credit for TDS must be given to the assessee, more so for the fact that the corresponding income has been brought to tax. Therefore, the Assessing Officer is hereby directed to allow the credit of said TDS, if any, after due verification. Therefore, this ground is hereby allowed for statistical purposes”. Still aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal.