2023 (3) TMI 35

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....lkarni ORDER PER G. D. PADMAHSHALI, AM; By the present appeal, the assessee challenges the order of National Faceless Appeal Centre, Delhi [for short "NFAC"] dt. 31/05/2022 passed u/s 250 of the Income Tax Act, 1961 [for short "the Act"] denying to interfere with the order of intimation dt. 17/03/2021 processed u/s 143(1) of the Act by the Asstt. DIT, CPC Bengaluru [for short "AO"] for as....

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....n of income [for short "ITR"] on 18/12/2020, which was processed by CPC u/s 143(1) of the Act denying the TDS credit of Rs.1,76,529/- on account of mis-match of year of reporting of TDS by the tenant deductor M/s Bosch Limited. 4.2 The denial of TDS credit was first addressed through rectification u/s 154 of the Act, wherein the appellant was successful in getting partial relief for Rs.11,000/-....

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....-22 by filing quarterly TDS return in Form 26Q, which resulted into short credit for the impugned AY under adjudication. 6. When the issue of availability of TDS credit in the hand of appellant for impugned AY is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules [for short "IT-Rules"], it transpired clear that, the credit for tax deducted and paid to the Central ....

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....refrom) cannot be deferred to some other assessment year. In the instant case, the Revenue proposed to allow the credit in the subsequent AY 2021-22 i.e. when the TDS is shown to have been credited in the form 26AS. However, as stated by the Ld. AR, the corresponding income will not be found to be recorded in the subsequent AY and therefore such action would belie the letter and spirit of Section ....