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Income Tax Appellate Tribunal, “B” BENCH : KOLKATA
Before: Hon’ble Shri J.Sudhakar Reddy, AM & Hon’ble Shri S.S.Godara, JM]
ORDER Per J.Sudhakar Reddy, AM
This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals)-1, Kolkata [ in short the ld CITA] dated 14.3.2016 against the order passed by the DCIT, Circle-1, Kolkata [ in short the ld AO] under section 143(3) of the Income Tax Act, 1961 (in short “the Act”) dated 19.03.2013 for the Assessment Year 2010-11.
There is a delay of one day in filing the appeal. We condone the delay.
None appeared on behalf of the assessee. Hence we dispose off the case ex parte on merits, after hearing the ld. DR.
2 M/s National Jute Manufactures Corp. Ltd. A.Yr.2010-11 4. On a careful consideration of the facts and circumstances of the case, a perusal of paper on record and the order of the lower authorities below as well as case law cited we hold as follows.
We have heard Ld. DR. The Ld. CIT(A) in this case has directed the AO to allow the claim of the assessee after verification of the reconciliation statement filed by it. The issue in question was the difference between the TDS depicted in form no. 26AS and the amount of TDS claimed in the return of income.
We find that the Ld. CIT(A) does not have the power to set aside the appeal after the amendment brought into the Act vide its Finance Act No. 2 of 2001 w.e.f. 01.06.2001.
Nevertheless, as the reconciliation has to be done, we exercise our jurisdiction and remand this matter to the file of the AO with the direction to consider the reconciliation statement filed by the assessee in this regard and dispose off the matter afresh in accordance with law.
In the result, the appeal of the revenue is allowed for statistical purposes.
Order pronounced in the Court on 27.06.2018