What did the Tribunal hold?

The Tribunal restored the case to the Assessing Officer/CPC to verify the tax credits shown in Form 26AS and grant appropriate credit or set-off. The AO was directed to pass a speaking order after giving the assessee a reasonable opportunity.

The assessee appealed to the CIT(A) which was transferred to NFAC. The NFAC passed an order based on intimation under Section 143(1) and the assessee's statement of facts. The assessee later provided Form 26AS showing tax credits.

What were the issues?

Whether tax credits reflected in Form 26AS should be verified and granted by the Assessing Officer/CPC. The proper procedure for verification and grant of such credits.

Ajaykumrar Kundanlal Sharma vs DCIT | ITAT Surat 2022

Cause title — parties, addresses and appearances

ITA No.233/SRT/2021 Ajaykumar Kundanlal Sharma return by employed. We find that the assessee filed an appeal before CIT(A) on 28.06.2018. The appeal of the assessee was transferred to NFAC in term of notification of CBDT dated 25.09.2020. The ld. CIT(A)/NFAC passed the order on 11.11.2021. The ld. CIT(A)/NFAC passed its order on the basis of details of intimation U/s 143(1) of the Act and the statement of fact was pleaded by assessee in Form 35 (the appeal filed the ld. CIT(A)/NFAC). 6. Before us, the ld. AR of the assessee has furnished a copy of Form 26-AS for the financial year under consideration. On perusal of copy of entry in Form 26AS, we find that there are certain tax credit shown in Form 26AS, therefore, we restore the case to the file of Assessing Officer/CPC to verify the facts and grant the credit/set off of tax shown in Form 26AS and passed the speaking order in accordance with law. The AO is directed to grant reasonable opportunity to the assessee before passing the order. The assessee is also directed to provide all necessary information and evidence including the copy of Form-26AS to the AO. In the result, the ground of appeal raised by the assessee is allowed for statistical purposes. 5 Ajaykumar Kundanlal Sharma 7. In the result, the appeal of the assessee is allowed for statistical purposed. Order announced on 02nd March, 2022 at the time of hearing in the virtual court. (Dr ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat, Dated: 02/03/2022 /SKM* Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR 6. Guard File

By order

Sr.Pvt. Secretary, ITAT, Surat Initial Date Draft order verbally dictated by author (JM) 02/03/2022 02/03/2022 Draft placed before author 02/03/2022 Draft proposed & placed before the second member 02/03/2022 Draft discussed/approved by Second Member. 02/03/2022 Approved Draft comes to the Sr.PS/PS 02 /03/2022 Kept for pronouncement on 02 /03/2022 File sent to the Bench Clerk /03/2022 Date on which file goes to the AR Date on which file goes to the Head Clerk. Date of dispatch of Order. Draft dictation sheets are attached

AJAYKUMRAR KUNDANLAL SHARMA,SURAT vs. DY. COMMISSIONER OF INCOME TAX CPC, BANGALORE

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