SHRI NAVNEET SINGH ,AMRITSAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, AMRITSAR

At the outset, the ld. counsel for the assessee has submitted that the ld. CIT(A) has erred in law and on facts of the case in confirming the addition of Rs.8,84,661/- on account of disallowance of TDS u/s 43B, since the aforesaid sum of Rs.8,84,661/- has been reduced to Rs.25,400/- by rectification order passed by CPC, Bengluru vide rectification order u/s 154 of the I.T. Act, 1961, dated 03.06.2022 whereby the net payable demand has been reduced to Rs.25,400/- (APB pg. 24 & 25 of the order). The ld. counsel has contended that the said demand has been duly paid by the assessee vide Challan No. 03971 and BSR Code 0014431 dated 07.12.2022 (APB pg. no. 10). He prayed that the issue of the addition made on account of TDS stand settled by way of rectification order passed by the CPC (supra). Hence, the impugned order become infructuous and may be quashed accordingly.

Per contra, the ld. DR has not disputed the facts as regard to the demand settled by way of rectification order passed by the CPC(supra).

We have heard both the sides, perused the material on record. It is evident from the rectification order passed u/s 154 of the I. T. Act dated

Accordingly, the order of the CIT(A) is held to be perverse to the facts on the record and as such quashed.

In the result, the appeal filed by the assessee is allowed.