DIPAK KUMAR DASBHOWMIK,PASCHIM MIDNAPORE vs. I.T.O., WARD - 38(1), MIDNAPORE , PASCHIM MIDNAPORE

In the result, the appeal of the assessee is allowed

Bench: Shri P.M. Jagtap

TDS + SAT 601 + 7199 Rs.7,800 Rs.2,93,763 Add.: Interest u/s 234B @ 1% 2,93,700 X 1% X 32 = Rs.93,984 from 04/2009 to 11/2011 on Rs.93,984/- Rs.2,93,700 Payable Rs.3,87,747 Less: Demand notice dt. Rs.18,870 02.11.2011 Undercharge Rs.3,68,877 In view of the above circumstances, I have reason to believe that

MSTC LTD,KOLKATA vs. JURISDICTIONAL ASSESSING OFFICER, CIR-1(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2021-22

234B d. Rs. 3,04,32,052/-on account of Disputed Interest u/s 234C” 3. Although the assessee has taken 20 grounds of appeal, however, the main grievance of the assessee is that the addition made in the intimation u/s 143(1) of the Act should have been deleted in the appeal decided u/s 143(3

HALDIA PETROCHEMICALS LIMITED,KOLKATA vs. ITO, WARD - 12(4), KOLKATA, KOLKATA

In the result, the appeals of the assessee for A

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

TDS of Rs.26.75 crores, refund of the excess tax along with interest aggregating to Rs.3.07 crores was granted to the assessee as per intimation issued under section 143(1) on 31.01.2008. Subsequently, in the assessment completed under section 143(3) vide an order dated 30.12.2008, the Assessing Officer added back provision for deferred tax liability, provision for doubtful advance

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

3)(a) of the India- Italy DTAA namely, non-taxability of interest on income tax refund by virtue of it being a ‘debt claim’ from the Government of India as held by the Hon’ble Madras High Court (supra) would be applicable in view of the Protocol to the India-Netherlands DTAA and, therefore, the interest in question received

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

3)(a) of the India- Italy DTAA namely, non-taxability of interest on income tax refund by virtue of it being a ‘debt claim’ from the Government of India as held by the Hon’ble Madras High Court (supra) would be applicable in view of the Protocol to the India-Netherlands DTAA and, therefore, the interest in question received

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

3)(a) of the India- Italy DTAA namely, non-taxability of interest on income tax refund by virtue of it being a ‘debt claim’ from the Government of India as held by the Hon’ble Madras High Court (supra) would be applicable in view of the Protocol to the India-Netherlands DTAA and, therefore, the interest in question received

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

3)(a) of the India- Italy DTAA namely, non-taxability of interest on income tax refund by virtue of it being a ‘debt claim’ from the Government of India as held by the Hon’ble Madras High Court (supra) would be applicable in view of the Protocol to the India-Netherlands DTAA and, therefore, the interest in question received

KONINKLIJKE PHILIPS N.V.,NETHERLANDS vs. DCIT (IT), CIRCLE - 1(2), KOLKATA , KOLKATA

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalita Nos.437 To 441/Kol/2021 Assessment Years: 2008-09 To 2012-13 M/S. Koninklijke Philips N.V Deputy Commissioner Of C/O Deloitte Touché Income Tax (It), Circle-1(2), Tohmatsu India Pvt. Ltd., Kolkata. Bengal Intelligent Park, Vs. Building Alpha, Block Ep & Gp, 1St Floor, Sector V, Salt Lake Electronics Complex, Kolkata-700 091. (Pan: Aacck0806B) (Appellant) (Respondent) Present For: Appellant By : Shri Ketan Ved, Ca Respondent By : Shri G. H. Sema, Addl. Cit Date Of Hearing : 22.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: All These Appeals By Assessee Are Directed Against The Separate Orders Of Ld. Cit(A), Kolkata-22 Vide Order Nos. Itba/Apl/S/250/2021-22/1035034204(1) Dated 23.08.2021 For A.Y. 2008-09, Itba/Apl/S/250/2021-22/1035162630(1) Dated 28.08.2021 For Ay 2009-10, Itba/Apl/S/250/2021-22/1035162589(1) Dated 28.08.2021 For Ay 2010-11, Itba/Apl/S/250/2021-22/1035162672(1) Dated 28.08.2021 For Ay 2011-12 & Itba/Apl/S/250/2021- 22/1035162702(1) Dated 28.08.2021 For Ay 2012-13 Passed Against The Assessment Order U/S 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Acit(It), C-1(2), Kolkata Dated 23.07.2019, 13.11.2019 (For Ays 2008-09 & 2009-10) & 07.02.2020 (For Ays 2010-11 To 2012-13). Koninklijke Philips N.V, A.Ys: 2008-09 To 2012-13 2. Shri Ketan Ved, Ca Appeared On Behalf Of The Assessee & Shri G. H. Sema, Addl. Cit Appeared On Behalf Of The Revenue.

3)(a) of the India- Italy DTAA namely, non-taxability of interest on income tax refund by virtue of it being a ‘debt claim’ from the Government of India as held by the Hon’ble Madras High Court (supra) would be applicable in view of the Protocol to the India-Netherlands DTAA and, therefore, the interest in question received

DCIT, CIR-12(2), KOLKATA, KOLKATA vs. M/S PHILIPS INDIA LTD., KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty

M/S PHILIPS INDIA LTD.,KOLKATA vs. DCIT, CIR-12(2), KOLKATA, KOLKATA

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

234B of the Act. 11. Interest under section 234D 11.1. The Learned AO erred in levying interest of Rs. 1,61,67,498 under section 234D of the Act. 12. Interest under section 244A 12.1. The Learned AO erred in recovering interest of Rs. 42,39,613 under section 244A of the Act. 13. Penalty

DCIT, CIR-11(1), KOLKATA, KOLKATA vs. M/S. HALDIA PETROCHEMICALS LTD., KOLKATA

In the result, the appeal of the Assessee is treated as partly allowed while the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Godara, Jm] I.T.A. No. 622/Kol/2017 Assessment Year 2008-09 Haldia Petrochemicals Ltd...............................……………………………….........................Appellant Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] D.C.I.T. Cir 11(1)...................…………………………………………......................................Respondent P-7, Chowringhee Square, Kolkata – 700 069 I.T.A. No. 609/Kol/2017 Assessment Year 2008-09 D.C.I.T. Cir 11(1)...................………………………………………….........................................Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd...............................………………………………...................Respondent Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri H Chakraborty, Ar Appearing On Behalf Of The Assessee. Shri P.K. Srihari, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 01, 2018 Date Of Pronouncing The Order : November 22, 2018 Order Shri P.M. Jagtapthese Two Appeals, One Filed By The Assessee Being Ita No. 622/K/2017 & The Other Filed By The Revenue Being Ita No. 609/K/2017, Are Cross Appeals Which Are Directed Against The Order Of Ld. Cit (A) – 10, Kolkata Dated 30.01.2017. 2. The Issue Involved In Ground No. 1 Of The Assessee’S Appeal Relates To The Disallowance Of Rs. 57,53,60,000/- Made By The A.O. & 2 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. Confirmed By The Ld. Cit(A) On Account Of Unexplained Excess Consumption Of Raw Material (Nahptha).

TDS of Rs. 26.75 crores, refund of the excess tax along with interest aggregating to Rs. 3.07 crores was granted to the assessee as per intimation issued under section 143(1) on 31.01.2008. Subsequently, in the assessment completed under section 143(3) vide an order dated 30.12.2008, the Assessing Officer added back provision for deferred tax liability, provision for doubtful

HALDIA PETROCHEMICALS LIMITED,KOLKATA vs. DCIT, CIRCLE-11(1), KOLKATA, KOLKATA

In the result, the appeal of the Assessee is treated as partly allowed while the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Godara, Jm] I.T.A. No. 622/Kol/2017 Assessment Year 2008-09 Haldia Petrochemicals Ltd...............................……………………………….........................Appellant Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] D.C.I.T. Cir 11(1)...................…………………………………………......................................Respondent P-7, Chowringhee Square, Kolkata – 700 069 I.T.A. No. 609/Kol/2017 Assessment Year 2008-09 D.C.I.T. Cir 11(1)...................………………………………………….........................................Appellant P-7, Chowringhee Square, Kolkata – 700 069 Haldia Petrochemicals Ltd...............................………………………………...................Respondent Bengal Eco Entelligent Park (Techna), Tower – 1, Block – Em, Plot No. – 3, Sector – V, Salt Lake City, 3Rd Floor, Kolkata – 700 091 [Pan: Aaach 7360 R] Appearances By: Shri H Chakraborty, Ar Appearing On Behalf Of The Assessee. Shri P.K. Srihari, Cit, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 01, 2018 Date Of Pronouncing The Order : November 22, 2018 Order Shri P.M. Jagtapthese Two Appeals, One Filed By The Assessee Being Ita No. 622/K/2017 & The Other Filed By The Revenue Being Ita No. 609/K/2017, Are Cross Appeals Which Are Directed Against The Order Of Ld. Cit (A) – 10, Kolkata Dated 30.01.2017. 2. The Issue Involved In Ground No. 1 Of The Assessee’S Appeal Relates To The Disallowance Of Rs. 57,53,60,000/- Made By The A.O. & 2 I.T.A. Nos. 622 & 609/Kol/2017 Haldia Petrochemicals Ltd. Confirmed By The Ld. Cit(A) On Account Of Unexplained Excess Consumption Of Raw Material (Nahptha).

TDS of Rs. 26.75 crores, refund of the excess tax along with interest aggregating to Rs. 3.07 crores was granted to the assessee as per intimation issued under section 143(1) on 31.01.2008. Subsequently, in the assessment completed under section 143(3) vide an order dated 30.12.2008, the Assessing Officer added back provision for deferred tax liability, provision for doubtful

SHREE RAGHUNATH STEEL INDUSTRIES PVT. LTD.,KOLKATA vs. ITO, WD-3(2), KOLKATA, KOLKATA

In the result, both the appeals of the assessee are treated as allowed for statistical purposes

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

TDS and charging interest under section 234B and 234C of the Act. Similarly the reassessment for A.Y. 2009-10 was computed by the Assessing Officer vide an order dated 19.12.2006 passed under section 147/143(3

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

TDS on the payment made by GRSE (i.e. the payer) but did not include the full amount of receipt from GRSE. The treatment given by the assessee in its accounts as well as in computation of its total income was contrary to the provisions of Section 198 & 199 of the Act. In view of this legal position, the difference amount

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

TDS on the payment made by GRSE (i.e. the payer) but did not include the full amount of receipt from GRSE. The treatment given by the assessee in its accounts as well as in computation of its total income was contrary to the provisions of Section 198 & 199 of the Act. In view of this legal position, the difference amount

METSO OYJ,FINLAND vs. ASSISTANT COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), CIRCLE-1(2), KOLKATA

In the result, the appeal filed by the assessee is dismissed and the order of the Ld

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

TDS") from the Assessed tax on total I.T.A. No.: 616/KOL/2025 Assessment Year: 2022-23 Metso OYJ. income, the Appellant was entitled to a refund and thus, section 234B was not applicable on the Appellant 5. Initiation of penalty, under section 270A of the Act 5.1 That on the facts and in the circumstances of the case

S R B C & CO. LLP,KOLKATA vs. DCIT, CPC, BANGALORE

In the result, appeal of the assessee is dismissed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2017-18

3 SRBC & Co. LLP, AY: 2017-18. 6. erred in granting TDS credit of Rs. 8,94,70,175 as against TDS credit of Rs.14,74,78,853 as claimed in Revised Return of Income, thereby granting short credit of TDS of Rs. 5,80,08,678; Levy of interest under Section 234B

VISHAL PACHISIA,KOLKATA vs. ITO,WD-44(1),KOLKATA, KOLKATA

In the result, the appeal is allowed

Bench: Sri Rajesh Kumar & Sonjoy Sarma

3. In view of the above, the Board hereby reiterates the instructions contained in its letter dated 01.06.2015 and directs the assessing officers not to enforce demands created on account of mismatch of credit due to non-payment of TDS amount to the credit of the Government by the deductor. These instructions may be brought to the notice

LOVELY DAS,DUM DUM vs. ADDL/JCIT, NASHIK

In the result, all the four appeals are allowed for statistical purpose

Bench: Sonjoy Sarma & Sri Rakesh Mishra

234B of Rs.3,12,631 and 234C of Rs. 1,75,551 as against the assessee’s computation of Rs.6,358, Rs.48,814 and Rs.64,129 respectively under the said Sections. 5. That die action of the Learned Assessing Officer and ADDL/JCIT(A)- NASHIK also in denying the genuine tax credit in the form of TDS to the assessee