2023 (2) TMI 850 - AT - Income Tax

ITAT directs AO to grant tax credit as claimed, stresses due process in rectification proceedings.

M/s Kalyaniwalla & Mistry LLP Versus The Asst. Director of Income Tax, Centralized Processing Centre, Bangalore

The ITAT allowed the appellant's appeal, directing the AO to grant tax credit as claimed and compute interest accordingly. The ITAT emphasized the ... Credit of TDS - unmatched tax deduction at source entries - HELD THAT:- We find that assessee has given proper details in the return of income filed therefore, there is no reason that why the assessee should not be granted tax credit as claimed in the return of income. Reduction of the claim of the assessee in rectification proceedings under section 154 is in clear violation of the provisions of section 154 (3). That section specifically provides that if any amendment made to the order which is effect of enhancing an assessment and reducing the refund of the assessee, proper notice should be given to the assessee and he must be allowed a reasonable opportunity of being heard. In the present case when the tax credit already granted to the assessee is withdrawn, no such notice was issued to the assessee. Therefore the withdrawal of tax credit already granted to the assessee is not in accordance with the law. In the present case the only dispute was unmatched tax deduction at source entries aggregating to Rs. 1,682,860. Therefore, we direct the learned assessing officer to grant tax credit to the assessee as per claim of the assessee in the return of income. If the AO wants to verify on sample basis with respect to the tax deduction at source he may do so. Assessee may also show to the learned assessing officer on sample basis how the income is shown in the return of income as well as the relevant tax deducted at source claimed as credit during the year. In the nutshell, we direct the learned assessing officer to allow the claim of the assessee of tax credit claimed on above verification. Appeal of assessee allowed. Issues:Appeal against appellate order on tax demand, TDS credit withdrawal, nullity of order under section 154, restoration of TDS credit, cash basis of accounting, credit for TDS not granted, interest levy.Analysis:1. The appeal was filed against the appellate order by the National Faceless Appeal Centre for the assessment year 2019-20, where the appeal against the assessment order by the Assistant Director of Income Tax was partly allowed. The appellant raised 9 grounds of appeal, including objections to tax demand, withdrawal of TDS credit, and failure to consider the cash basis of accounting for claiming TDS credit. 2. The appellant, a limited liability partnership assessed as a firm, filed its return of income claiming a tax credit of TDS. However, the Central Processing Centre allowed a lower TDS credit in the intimation under section 143(1). The appellant sought rectification, but the TDS credit was further reduced, leading to the appeal before the CIT-A. 3. The appellant argued that it follows a cash system of accounting, where professional fees are accounted for based on cash or receipt basis. The discrepancy in TDS credit claimed and reflected in Form 26AS arose due to different accounting methods followed by the appellant and its clients, leading to the appeal for proper TDS credit. 4. The CIT-A confirmed the disallowance of TDS credit due to typographical mistakes in the appellant's ITR form. Despite rectifying some entries, the overall TDS credit was reduced, and the appellant failed to produce TDS and TAN details for verification, resulting in dismissal of the appeal on this ground. 5. The appellant contended that proper notice must be given if a rectification under section 154 reduces the refund, which was not provided in this case. The appellant insisted on being granted the full tax credit claimed initially. 6. The ITAT carefully reviewed the orders and found that the reduction of the appellant's claim in the rectification proceedings violated the provisions of section 154(3) as no proper notice was issued. The ITAT directed the AO to grant tax credit to the appellant as per the claim made in the return of income. 7. The ITAT allowed grounds 1-8 of the appeal, directing the AO to grant tax credit as claimed by the appellant. Ground 9 regarding the levy of interest was deemed consequential, and the AO was directed to compute the interest in accordance with the law. 8. Consequently, the appeal of the appellant was allowed with the specified directions, emphasizing the importance of following due process in rectification proceedings and ensuring proper grant of tax credits as claimed.