2017 (6) TMI 1041

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....case is a Company, which is engaged in the business of carrying out contractual works. As per the agreement dated 10.07.2009, it had taken over the entire business of M/s. A.K. Dass & Co., a proprietary concern of Shri Soumendu Porel. The said proprietary concern was awarded contract by Executive Engineer, Burdwan Division, Government of West Bengal and although the work under the said contract was taken over by the assessee-company from 15.07.2009 itself as per the agreement dated 10.07.2009, the Principal agreed to assign the contract to the assessee-company only w.e.f. 28.04.2010. Meanwhile the contract work was executed by the assessee company and the receipts from the same were duly taken into account by it while filing the return for ....

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....fairs Department agreed to assessee's request by execution of Assignment and Novotion Agreement. Assessee has claimed that bills of Rs.1,85,34,000/ - and Rs.99,55,000/- were raised in the name of the proprietary concern, M/s. A.K. Dass & Co., even after 15.07.2009 and TDS certificate of Rs.4,19,981/- and Rs.2,28,695/- respectively, were issued in the name of the proprietary concern. Appellant has submitted that the receipts have been offered for tax in company's name. Hence credit for TDS of Rs.6,48,946/ - should be allowed to the assessee. I have carefully considered the facts of the case and the submissions of the assessee. It is seen that work was awarded to individual in the name of his proprietary concern. With effect from 15.0....

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....d by the deductor was upheld by the Hon'ble Andhra Pradesh High Court despite the fact that the said TDS certificate was issued in the name of joint venture and not in the name of the assessee-company. It was held by the Hon'ble Andhra Pradesh High Court that the credit for TDS certificate could not be denied to the assessee while assessing contract receipts mentioned in the said TDS certificate as income of the assesese. It was further held that when no return of income for the relevant year was filed by the joint venture and no credit for the TDS as mentioned in the relevant certificate was allowed to the joint venture, it was the assesese, which would be allowed credit for such TDS when the corresponding contract receipts as mentioned in....