2016 (5) TMI 1093 - AT - Income Tax

Tribunal directs AO to grant TDS credit, emphasizing natural justice and verification of accounts.

The Tribunal allowed the assessee's appeal, directing the Assessing Officer to verify and grant TDS credit of Rs. 74,774. The decision highlighted the ... Rectification application regarding the credit of TDS rejected - Held that:- From going through the above decision of Hon’ble Karnataka High Court in the case of Digital Global Soft Ltd (2011 (9) TMI 206 - KARNATAKA HIGH COURT), we find that in the present appeal before us the issue is similar as the assessee has not claimed TDS in its regular return of income, because it was not in the possession of the TDS certificates and so much so, the deductor M/s. Bodal Chemicals Limited has not issued the TDS certificates to the assessee. It was only in January, 2011, i.e., after the end of the two years and nine months from the end of the relevant financial year that the assessee came into possession of the TDS Certificates issued by M/s. Bodal Chemicals Limited for ₹ 74,774/-. The appellant has submitted before the Assessing Officer that the amount on which TDS of ₹ 74,774/- has been deducted is duly shown in the financial statements submitted by it at the time of filing of return of income. We are, therefore, of the view that the assessee is very much eligible for getting credit of ₹ 74,774/- as the said amount was not a lawful amount to the Government and the assessee should not be deprived of the credit of TDS of ₹ 74,774/- for the mistake/delay made by the deductor. In the given circumstances, as the assessee was not having any possibility to revise the return u/s 139(5) of the Act, the only option left with him was to file an application u/s 154 of the Act which he did so; and therefore, ld. Assessing Officer using his inherent power u/s 154 of the Act for amending any mistake apparent on record should have examined the claim of the assessee by verifying the books of accounts of the assessee as well as the relevant ledger accounts wherein the impugned amount on which TDS of ₹ 74,774/- has been deducted, is duly reflected. We also observe that none appeared on behalf of the assessee during the appellate proceedings before the ld. CIT(A) and we are, therefore, of the view that the matter to be set aside to the file of the ld. Assessing Officer to allow the claim of TDS of ₹ 74,774/- after verifying the books of accounts and financial statements with regard to the receipt of reimbursement of expenses on which TDS of ₹ 74,774/- has been deducted by M/s.Bodal Chemicals Limited. Needless to mention that necessary opportunity of being heard to be given to the assessee to provide all necessary documents and supporting towards the claim of TDS of ₹ 74,774/-. Decided in favour of assessee for statistical purposes. Issues Involved:1. Credit of TDS of Rs. 74,774/- not given by AO.2. Refusal of TDS credit on technical grounds under Section 155(14).3. Approach of tax authorities should be justice-oriented.4. Delay in lodging TDS claim not deliberate or negligent.5. Gross reimbursement of expenses included in total income and taxed.6. Orders passed without proper appreciation of facts and breach of Principles of Natural Justice.7. Relief claimed for refund of Rs. 74,774/- with interest.Detailed Analysis:1. Credit of TDS of Rs. 74,774/- not given by AO:The primary issue is the denial of TDS credit of Rs. 74,774/- by the Assessing Officer (AO). The assessee filed a rectification application under Section 154 of the Income Tax Act, 1961, requesting TDS credit based on certificates received from M/s. Bodal Chemicals Ltd. The AO rejected this application, stating that Section 155(14) applies only when TDS is claimed without submitting certificates, not when no claim is made initially.2. Refusal of TDS credit on technical grounds under Section 155(14):The assessee contended that the CIT(A) erred by refusing TDS credit on technical grounds under Section 155(14) without considering the general provisions of Section 154 and ensuring substantial justice. The appellant argued that the income corresponding to the TDS was included in the profit and loss account and offered to tax.3. Approach of tax authorities should be justice-oriented:The assessee argued that the tax authorities should adopt a justice-oriented approach to advance the cause of justice. The CIT(A) failed to consider this principle while upholding the AO's decision.4. Delay in lodging TDS claim not deliberate or negligent:The assessee emphasized that the delay in claiming TDS credit was not deliberate or due to negligence. The TDS certificates were received late, and the appellant did not benefit from the delay. The CIT(A) did not appreciate this fact.5. Gross reimbursement of expenses included in total income and taxed:The appellant highlighted that the gross reimbursement of expenses amounting to Rs. 9,89,426/- was included in the total income and taxed. Section 199 mandates that TDS credit be allowed during the year in which the income is chargeable to tax. The CIT(A) overlooked this provision.6. Orders passed without proper appreciation of facts and breach of Principles of Natural Justice:The assessee claimed that both the AO and CIT(A) ignored various submissions, explanations, and information provided by the appellant. This action breached the Principles of Natural Justice, warranting the quashing of the orders.7. Relief claimed for refund of Rs. 74,774/- with interest:The assessee sought relief in the form of a refund of Rs. 74,774/- along with applicable interest. The appellant argued that the TDS credit should be granted based on the income disclosed in the return and the TDS certificates received later.Tribunal's Decision:The Tribunal examined the facts and arguments presented by both parties. It noted that the assessee did not claim TDS credit in the original return due to the late receipt of TDS certificates. The Tribunal referred to the Karnataka High Court's decision in CIT vs. Digital Global Soft Ltd., which allowed TDS credit even when claimed later through a rectification application under Section 154.The Tribunal observed that the assessee showed the corresponding income in the profit and loss account and filed the rectification application within the statutory time limit. The Tribunal emphasized that the AO should have verified the books of accounts and relevant ledger entries to grant TDS credit.The Tribunal set aside the CIT(A)'s order and remanded the matter to the AO for verification of the books of accounts and financial statements. The AO was directed to allow the TDS credit of Rs. 74,774/- after necessary verification, ensuring an opportunity for the assessee to present supporting documents.Conclusion:The Tribunal allowed the assessee's appeal for statistical purposes, directing the AO to verify the claim and grant TDS credit accordingly. The decision emphasized the importance of a justice-oriented approach and adherence to the Principles of Natural Justice.