AI Drafter 
TaxTMI 
TaxTMI 
2019 (3) TMI 1198
X X X X Extracts X X X X
X X X X Extracts X X X X
....return of income for Assessment Year 2008-09 on 25.07.2008 declaring an income of Rs. 4,33,405/-. The return was processed under section 143(1) of the Income Tax Act, 1961 (in short 'the Act') wherein the assessee was not allowed full credit of TDS as claimed by him. The assessee filed a rectification application online under section 154 of the Act on 18.03.2017 which was disposed off by the Assessing Officer (AO) vide order dated 01.05.2017. On appeal, the CIT(A)-3, Bengaluru, dismissed the assessee's appeal vide the impugned order dated 29.06.2018. 3.1 Aggrieved by the order of the CIT(A)-3, Bangalore, dated 29.06.2018 for Assessment Year 2008-09, the assessee has preferred this appeal before the Tribunal, wherein he has raised the fol....
X X X X Extracts X X X X
X X X X Extracts X X X X
....assessment 2008-09 was barred by limitation is totally incorrect and improper. 4. In reality, after the receipt of application seeking rectification of the assessment order for the assessment year 2008-09, the assessing authority has proceeded to pass rectification order U/ S154 of the I.T. Act vide his order dated 01-05-2017 which resulted in additional tax credit of Rs. 13,321.00. This action of the assessing authority fully contradicts the understanding of the Appellant Authority that the request of the Appellant seeking rectification was barred by limitation. 5. The only grouse of the Appellant against the rectification order dated 01-05-2017, which prompted him to prefer an appeal before the CIT(A) was incorrect tax c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s and circumstances of the case, the Learned Appellate Authority ought to have appreciated that the claim of the appellant for seeking income tax credit for the AY-2008-09 before the Assessing Authority was fully and legally justified and the same should have been allowed by the assessing authority. It is further submitted that the Hon'ble CIT (A) erred in not resolving the same which was well within his Jurisdiction. Hence, without any other alternative, the appellant has approached this Hon'ble Tribunal seeking Justice. The Appellant humbly prays before this tribunal to set aside the order of the Learned CIT(A) 86 direct the assessing authority to allow credit of income tax claimed by the appellant as per TDS certificate enclosed ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....er TDS credit is to be granted to the assessee, as claimed on the basis of its rectification application dated 18.03.2017. The facts, as emanate from an appraisal of the record are that for the Assessment Year 2008-09, the assessee filed a return of income on 25.07.2008 declaring income of Rs. 4,33,405/- which was processed under section 143(1) of the Act on 15.02.2010, wherein the assessee was not allowed full credit of TDS as claimed. More than 7 years later, the assessee filed a rectification application under section 154 of the Act on 18.03.2017 in this regard which was rejected. 3.4.2 The only dispute raised in the appeal before the CIT(A) by the assessee, as before AO in rectification proceedings, was non-grant of TDS credit of Rs.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....not have been acted upon by the AO to rectify the mistake apparent from record, if any. Considering above the action of the AO cannot be faulted with and the grounds of appeal of the appellant are dismissed." 3.4.3 Section 154 of the Act deals with the rectification of any mistake apparent from the record; including, inter alia, under section 154(1)(b) amending any intimation or deemed intimation under section 143(1) of the Act. The intimation was processed under section 143(1) of the Act on 15.02.2010 and in this regard sub section (7) of section 154 of the Act mandates that no amendment / rectification shall be made after the expiry of 4 years from the end of the financial year in which the order sought to be amended was passed. Theref....