What did the Tribunal hold?

The Tribunal found that the issue required verification of facts and restored the matter to the Assessing Officer. The Assessing Officer was directed to re-examine the issue afresh after giving the assessee an adequate opportunity of being heard.

The assessee claimed credit for TDS deducted by the payer but the CIT(A) denied it for lack of evidence of remittance by the payer. The assessee contended that income was received from Chate Group and TDS deducted by them was claimed for six years.

What were the issues?

Whether TDS credit can be denied for failure to provide evidence of remittance by the payer. Whether the Assessing Officer should re-examine the claim after affording an opportunity to the assessee.

Shree Sound P.Ltd vs ACIT | ITAT Mumbai 2017

Income Tax Appellate Tribunal, “D” Bench, Mumbai

For Respondent: Shri Purushottam Kumar

Hearing: 29.5.2017Pronounced: 29.5.2017

Heard together (2 matters)

I.T.A. No. 951/Mum/2016

I.T.A. No. 950/Mum/2016

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R Per Bench:-

Both the appeals filed by the assessee are directed against the order passed by the learned CIT(A)-14, Mumbai and they relate to A.Y. 2009-10 & 2010-11.

None appeared on behalf of the assessee even though hearing was adjourned on the earlier occasions at the request of the assessee. Hence, we proceed to dispose of the appeal ex-parte, without presence of the assessee.

The only grievance of the assessee in both the appeals is that TDS claimed by it has not been given credit fully. We noticed from the order passed by the learned CIT(A) that TDS credit was not given on the reasoning that the assessee has failed to give any evidence to show that TDS as claimed by it in the return of income has been remitted by payer of income. From the statement of facts filed before the learned CIT(A), we noticed that the assessee

2 Shree Sound Pvt. Ltd. has contended that income has been received from Chate Group and TDS deducted by them has been claimed by the assessee for the past six years. Thus, we noticed that the issue relates to verification of certain facts and hence, we are of the view that contention of the assessee may be examined once again by the Assessing Officer. Accordingly we set aside the order passed by the learned CIT(A) in both years and restore the issues to the file of the Assessing Officer in both the years with the direction to examine the issue afresh after affording adequate opportunity of being heard to the assessee.

In the result, both appeals of the assessee are treated as allowed for statistical purposes. Order has been pronounced in the Court on 29.5.2017.

SHREE SOUND P.LTD,MUMBAI vs. ACIT 7(2), MUMBAI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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