2021 (10) TMI 1016

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....ised read as follows:- "1. The order of CIT(A) has erred in directing the AO to grant TDS credit which was restricted while passing order u/s 154 of the Act. 2. The learned CIT(A) erred in not appreciating the fact that the order u/s 154 dated 28.03.2014 was passed after considering the fact that the assessee had not disclosed the income for the Asst.Year 2006-07 and deferred the same to subsequent years and such grant is in violation of Sec.199 of the Act which bars granting credit for TDS if corresponding income is not taxed in the relevant year. 3. Any other ground urged at the time of appeal." 3. The brief facts of the case are as follows: The assessee is a company engaged in trading of computer system a....

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.... of the AO. Section 154 of the Act provide for rectification of mistake apparent from the records. I agree with the submission of the Appellant and agree that the action of the AO to rectify the TDS credit, which has been verified and granted in the assessment order represents `change of opinion' on the matter which has already been decided upon by the AO and the discussion of the AO in the 154 order which is running into few pages to explain the reason for the certification of the order itself and shows that it is not a mistake apart from records and in calling for information for verification is a long drawn process, and hence, the subject matter is not within the purview of section 154 of the Act. This ground, therefore succeeds." 5. ....

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....ated 05.12.2018, wherein the A.O. has granted TDS credit to the extent of Rs. 13,11,93,339. Therefore, it was submitted that the Revenue's appeal has been rendered infructuous. 7. We have heard rival submissions and perused the material on record. The assessee in the return of income had claimed TDS credit of Rs. 13,11,93,339. As against the TDS credit of Rs. 13,11,93,339 the A.O. in the assessment order passed u/s 143(3) of the I.T.Act had restricted the TDS credit to Rs. 11,96,28,156. As against the restriction of TDS credit to Rs. 11.96 crore, the assessee preferred a rectification application u/s 154 of the I.T.Act. On rejection of the rectification application, the assessee preferred an appeal to the CIT(A). The CIT(A) restored the ....