TaxTMI 
TaxTMI 
2019 (11) TMI 633
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....arious grounds of appeal is against the order of Ld. CIT(A) upholding the order of AO in which the AO had denied credit of tax deducted at source of Rs. 14,08,733/-. 3. The facts are that the assessee while filing the return of income claimed the credit for TDS of Rs. 15,25,89,508/-. Thereafter, assessment was framed under section 143(3) in which credit in respect of TDS was granted only to the extent of Rs. 11,92,15,936/- thereby short granting of TDS to the tune of Rs. 3,33,73,572/-. Thereafter, the assessee filed rectification application dated 12.08.2005 under section 154 of the Act for rectification of aforesaid mistake and simultaneously filed appeal before the Ld. CIT(A) against this assessment order. The AO passed order under sect....
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....ated 12.09.2014 giving effect to Ld. CIT(A) order did not grant the credit of TDS of Rs. 22,22,497/- without stating any reason. The assessee again filed appeal before the Ld. CIT(A) against the order dated 12.09.2014 which was disposed of on 29.09.2017 wherein the Ld. CIT(A) directed the AO to allow TDS credit of Rs. 8,13,764/- but denied the credit in respect of that amount of Rs. 14,08,733/- for which the certificate was not furnished before the AO. 6. After hearing both the parties and perusing the material on record, we observe that in this case the only issue is with regard to non granting of TDS credit of Rs. 14,08,733/- qua which the TDS certificate could not be furnished by the assessee as the same were not given to the assessee, ....
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.... set aside the order of Ld. CIT(A) and direct the AO to allow the credit of Rs. 14,08,733/- to the assessee. In the result, the appeal of the assessee is allowed. ITA No.7458/M/2017 7. The only issue raised by the assessee is against the order of Ld. CIT(A) in upholding the order of AO in not granting the interest under section 244A of the Act on TDS amount of Rs. 1,31,76,602/- for the period from May 2007 to June 2014. 8. The facts in brief are that the assessee filed the return of income claiming the TDS credit of Rs. 15,50,57,605/- during the year. Thereafter, the assessee vide letter dated 19.06.2014 claimed additional TDS credit of Rs. 1,31,76,602/- for the year under consideration. The said TDS came to light in the assessment year....
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....04-05 and not in that for the A. Y. 2003-04. The assessee has not made any submission before me to show that the provisions of sec. 244A(2) of the I. T. Act, 1961 is not applicable to it. No fault can, therefore, be found with the order of the AO on the issue of computation of interest u/s 244A of the I. T. Act, 1961." 11. Now the Ld. A.R. before us argued that the provisions of section 244A(ii) are not applicable to the assessee. The Ld. A.R. submitted that the additional TDS credit of Rs. 1,31,76,602/- was already claimed by the assessee in the return of income for A.Y. 2004-05 based on the TDS certificate received. The Ld. A.R. submitted that there is no dispute regarding the fact that TDS deposited with the government treasury on or be....
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.... have heard the rival submissions of both the parties and perused the material on record and found that in this case the additional claim of the assessee of Rs. 1,31,76,602/- was made before the AO by way of application dated 19.06.2014 which was wrongly claimed in the A.Y. 2004-05 and now the only issue before us is whether the said claim of the assessee is eligible for interest under section 244A of the Act or not. In the case of CIT vs. Larson and Turbo (supra) the Hon'ble Bombay High Court has held as under: "Section 244A(2) provides that in the event the proceeding resulting in refund has been delayed for reasons attributable to the assessee, the period of delay so attributable shall be excluded from the period for which the interest....