2020 (12) TMI 847

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....d circumstances of the case. 2. Not allowing the TDS credit of Rs. 23,87,640/- claimed in the petition filed under section 154 of the Income Tax Act, 1961. 2.1 The lower authorities have failed to appreciate the fact that the Appellant has already declared the income relating the TDS credit of Rs. 23,87,640/-. 2.2 The lower authorities ought to have appreciated that the appellant filed the return duly claiming TDS of Rs. 1,50,92,165/- based on the 26AS dated 30.09.2013 instead of Rs. 1,74,79,805/- as the two companies has uploaded their TDS return after filing of IT return of assessee company. 2.3 The learned assessing officer and learned Commissioner of income tax Appeals - 1 erred in appreciating the fa....

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....ving as under:- "Your petition under reference for rectification has been examined in detail. It is seen that the TDS mentioned by you was not claimed in the return of income filed on 01.10.2013 for the A.Y. 2013-14. Hence your application u/s 154 is hereby rejected." 6. Aggrieved by the order rejecting the assessee's application for rectification u/s 154 of the I.T.Act, the assessee filed an appeal to the first appellate authority. Since the assessee did not appear before the first appellate authority, ex parte order was passed by relying on the order of the Delhi Benches of the Tribunal in the case of CIT v. Multiplan India Ltd. reported in 38 ITD 320 (Del.). 7. Aggrieved by the order of the CIT(A), the assessee has filed t....