Tribunal allows partial appeals for assessment years. Disallowances upheld but directive on tax demand.

The tribunal partially allowed the appeals for assessment years 2009-10 and 2014-15. The disallowances of TDS claim and unabsorbed depreciation set-off were upheld, but the AO was directed not to demand taxes if TDS certificates were provided. The tribunal allowed the set-off of unabsorbed depreciation against income from business and profession in line with a Supreme Court decision. Orders were pronounced on 4th October 2019 in Chennai.

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Issues:
- Disallowance of TDS claim and unabsorbed depreciation set-off for assessment years 2009-10 and 2014-15.

Analysis:
1. Assessment Year 2009-10:
- The assessee, an actor and producer, claimed a deduction of income at Rs. 2,21,000 in the revised working statement of total income due to non-receipt of TDS certificate from the producer. The AO did not consider this claim. Additionally, the assessee sought to set-off unabsorbed depreciation against income from other sources and house property, citing a Supreme Court decision. The CIT(A) upheld the disallowances. The assessee argued for cash basis accounting and the applicability of the Supreme Court decision. The tribunal held that the entire receipt, including TDS, must be assessed in the respective year. However, the AO was directed not to demand taxes if TDS certificates were furnished.

2. Assessment Year 2014-15:
- In this year, the assessee received Rs. 4,50,000 as film receipts but only declared this amount as income due to discrepancies in TDS reflected in 26AS. The tribunal considered the cash basis accounting and the non-reflected TDS amount. The tribunal directed the AO not to demand taxes if TDS certificates were provided. The tribunal also addressed the issue of set-off of unabsorbed depreciation, allowing it against the income from business and profession as per the Supreme Court ruling.

3. Overall Decision:
- The tribunal partially allowed the appeals for both assessment years. It upheld the disallowances but directed the AO not to demand taxes if TDS certificates were furnished. It also allowed the set-off of unabsorbed depreciation against income from business and profession as per the Supreme Court ruling. The orders were pronounced on 4th October 2019 in Chennai.

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