TaxTMI 
TaxTMI 
2022 (12) TMI 531
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....he facts are identical and issues are common, for the sake of convenience both the appeals were heard together and are being disposed off, by this consolidated order. 2. The assessee has more or less raised common grounds of appeal for both the assessment years. Therefore, for the sake of brevity grounds of appeal filed for assessment year 2018-19 are reproduced as under: "1.The impugned order of the Commissioner of Income Tax (Appeals) is opposed to law and contrary to the facts and circumstances of the case. 2. Short Credit of TDS - Rs.78,31,008/-: 2.1 The Commissioner of Income Tax (Appeals), NFAC grossly erred in upholding the action of the Assessing Officer in not giving credit for TDS to the tune of Rs.78,31,008/-. 2.2. The C....
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....ing the appeal before the Income Tax Appellate Tribunal was 13.05.2022, but the appeals was filed on 10.03.2022 with a delay of 89 days. The delay in filing appeals is neither intentional nor to derive any undue benefit. But, for the reasons beyond control of the assessee because Mrs. S. Rajeshwari, partner of the firm who was handling income tax matters was infected with Covid during the month of January, 2021 and due to post-Covid complications, she developed a severe eye infection. She was intensely treated by Sankara Nethralaya and after she went to USA for further treatment. Due to this, the firm could not file appeals in time. Therefore, the delay may be condoned. 4. The Ld. DR on the other hand opposing the condonation petition file....
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....s been given for Rs. 2,63,71,542/- as against the claim of assessee at Rs. 3,62,37,959/-. The assessee carried the matter in appeal before the first appellate authority, but could not succeed. The Ld. CIT(A), NFAC, Delhi, for the reasons stated in the appellate order dated 19.02.2021 & 02.07.2020 sustained denial of credit for TDS. Being aggrieved by the CIT(A) orders, the assessee is in appeal before us. 7. The Ld. Counsel for the assessee submitted that the Ld. CIT(A) has erred in not allowing credit for TDS as claimed by the assessee, even though the assessee has filed relevant details of unclaimed TDS brought forward from earlier years and claimed in the year on the basis of mercantile system of accounting. He further submitted that th....
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.... whereas ADIT, CPC has allowed TDS credit for Rs. 2,42,96,750/- for assessment year 2018-19 & Rs. 2,63,71,542/- for assessment year 2019-20. We find that the assessee has claimed credit for TDS pertains to earlier financial years, because income relating to said TDS has been offered to tax for the impugned assessment years on the basis of mercantile system of accounting. The assessee had also furnished necessary details of TDS brought forward from earlier financial years in Form ITR-5 filed for impugned assessment years. As per the provisions of section 199 & 200 of the Act, credit for TDS should be allowed when the assessee has offered income relating to said TDS. The assessee claims that income relating to said TDS has been offered to tax....