UNNATTI CONSTRUCTION PRIVATE LIMITED,PUNE vs. DCIT CIRCLE - 12, PUNE

It emerges during the course of hearing the sole substantive grievance of the assessee is that both the learned lower authorities have disallowed TDS credit of Rs.15,95,599/- without appreciating the material on record. It is in this factual backdrop that both the learned representatives representing the assessee and the department are very much ad idem that the instant issue of 2 ITA.No.290/PUN./2024 TDS credit more require factual reconciliation at the Assessing Officer’s end than substantive adjudication before the tribunal in proceedings u/sec.254(1) of the Act at this stage. Faced with this situation and in the larger interest of justice, I deem it appropriate to restore the instant sole substantive grievance of the assessee back to the learned Assessing Officer in very terms for his afresh appropriate adjudication preferably within three effective opportunities of hearing subject to the rider that it is the assessee’s sole risk and responsibility to prove the case in consequential proceedings. Ordered accordingly.

This assessee’s appeal is allowed for statistical purposes in above terms.