2021 (9) TMI 630

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....T(A) erred in confirming the order of Ld. AO wherein the credit of TDS u/s 194IA of Rs. 3,00,000/- had not been allowed though corresponding income had been considered for tax. 2.0 The Ld. CIT(A), before disallowing the appellants claim of TDS of Rs. 3,00,000/-, ought to have considered the understand vital facts, being; a. The corresponding income on sale of immovable property made of Rs. 3,00,00,000/- on which TDS @ 1% is deducted of Rs. 3,00,000/- had been considered for taxation; b. The TDS certificate in For 26QB, TDS challan paid by the deductor and 26AS statements had been filed on record; c. the appellant had claimed the credit of disputed TDS in manual return filed on 15.03.2017 and in the e-retu....

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....bserved both the deeds relate to only one property Of Rs. 3 crores and not Rs. 6 Crores as reported in the ITD-CIB system. The A.O. computed the total income of Rs.(-)7,35,675/- and passed the order u/s 143(3) r.w.s 147 of the Act dated 17.10.2017. The assessee has filed the rectification petition u/sec154 of the Act for claim of TDS deducted u/sec194IA of the Act by the purchaser of the Property. But the assessing officer has rejected the claim by observing that the assessee has made a claim in the return of income filed in response to the notice u/sec148 of the Act and passed the order on 18-05-2018. 3. Aggrieved by the rectification order, the assessee has filed an appeal with the CIT(A). The grievance of the assessee is that the A.O ....

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.... the assessee in entitled for the TDS credit irrespective of the facts that it was claimed in the return of income filed u/sec148 of the Act and the Ld.AR relied on the fallowing judicial decisions: "1. CIT Vs. Pruthvi Brokers & Shareholders, 23 Taxmann.com 23 (Bom). 2. CIT Vs. Vali Brothers, 149 Taxman 233 (Albd). 3. Balram Kapoor Vs. ITO, 35 ITD 1 (Nag). 4. Vasco Sales & Marketing Corp Vs. DCIT, 34 Taxmann.com 229 (Ker). 5. Indglonal Investment & Finance Ltd., 12 Taxmann.com 108 (Del). 6. We found the Hon'ble Allahabad High Court in the case of CIT Vs Vali Brothers (Supra) has held as under: "Section 237, r.w.s 148, of the Act - Refunds - General - Assessment Year 1989-90 - Pursuant....