2022 (6) TMI 1351

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.... Per N. V. Vasudevan, Vice President This is an appeal by the assessee against the order dated 09.06.2021 of National Faceless Appeal Centre, Delhi, relating to Assessment Year 2018-19. 2. The assessee is proprietor of M/s. Prashanth Wines, Sullia, engaged in the retail business of Indian Made Foreign Liquor (IMFL) using the excise licence in the name of Mrs. Pramila P Rai, daughter-in-la....

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....ereinafter called 'the Act'), Tax Collection at Source (TCS) was made by KSBCL of Rs.1,39,296/-. The assessee claimed credit for TCS in the return of income filed for Assessment Year 2018-19. The claim was rejected by the AO as well as the CIT(A) for the reaon that as per the procedure for claiming credit for TCS laid down in Rule 37-I of the I. T. Rules read with section 206C(4) of the I. T. Act,....

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....e Act, shall be given to the person from whom the tax has been collected, on the basis of the information relating to collection of tax furnished by the person responsible for collection of tax at source (hearinafter referred to as the collector) to the income-tax authority or the person authorised by such authority." 4. The AO/CIT(A) were of the view that from the above statutory provisions, i....

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.... Rules') are meant to ensure that credit for TCS of the same sum is not claimed by two persons. It was his submission that Mrs. Pramila P. Rai as well as the assesee are assessed by the same AO and if the licence is ultimately transferred in the name of the assessee, the assessee would be lawfully entitled to claim credit for TCS. It was also pointed out that in Assessment Year 2017-18, the CIT(A)....