2021 (8) TMI 1092

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....-tax (Appeals), Jamnagar [CIT(A)] erred on facts as also in law in confirming action AO in rejecting the appellant's application for rectification of mistake field u/s. 154 of the Income-tax Act, 1961 on the alleged ground that the appellant has neither claimed any credit in TDS of Rs. 12,40,875/-in return of income nor filed revised return income by claiming credit of TDS. The rejection of rectification application is totally unjustified and against the law and therefore the mistake apparent from record may kindly be directed to be rectified. 2. Brief facts of the case are that assessee is engaged in the business of trading of Cement, Coal, Sand and other allied items. Originally return of income was filed u/s. 139(1) of the Act on ....

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....4 of the Act 08/09/2016 with the remarks that there is no mistake apparent from record as the appellant has neither claimed arty credit of TDS in return of income nor filed any revised returned income by claiming credit of TDS. 6. The appellant had carried out Factory Operations and management of M/s Aditya Coke Pvt. Ltd. The appellant as per the terms of agreements between the parties from time to time charged professional services fees of Rs. 1,24,18,170/- and credited to the profit and loss account. Since the amount charged the limit of-turnover within the meaning of section 44AB of the Act, the books of were audited and the same are filed with the department. 7. That in view of the provisions of section 194J, M/s Aditya Coke Pvt. ....

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....rted by the corresponding referable income credited in the profit and loss account Since the deductor had not remitted the IDS in Government account before the due of filing of return u/s 139(1) of the Act, the appellant did not claim it in the return of income. Even if it was claimed in the return of income it was not for the credit of the in the absence of evidence in the form of form 26AS supporting the credit of the TDS in Government account. However, as soon as they came to know that the deductor has remitted the IDS on 24.03.2013. The appellant moved an application u/s. 154 and same was rejected by both the lower authorities on the ground that appellant is not entitled as it has not claimed at the time of filing of original return of ....