2023 (5) TMI 627

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....R.,, appeared on behalf of the assessee Shri Vijay Kumar, Addl. CIT, appeared on behalf of the Revenue ORDER Per Dr. Manish Borad, Accountant Member:- This appeal at the instance of assessee for assessment year 2017-18 is directed against the order of ld. Commissioner of Income Tax (Appeals), Kolkata-20 dated 19.12.2022, which is arising out of the order under section 143(3)of the Act ....

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....emicals Limited (PAN: AAACH7360R) merged with the assessee-company and the amalgamated company continued the business activity in the name of M/s. Haldia Petrochemicals Limited (PAN: AAGCB2001F). Now for A.Y. 2017-18, income tax was deducted at source under the PAN: AAACH7360R at Rs.3,17,23,096/- and the same was claimed against the tax liability of the assessee-company under the PAN: AAGCB2001F i....

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....d now it is the AO/department which has to complete the work of migration of the TDS credit from the old PAN to the PAN of the amalgamated company. AO has written one letter in this regard but he is directed to pursue this matter with more efforts so that the assessee gets full TDS credit. This ground is allowed for statistical purposes". 5. Though the ld. CIT(Appeals) has allowed the assessee'....

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....urt approving the amalgamation is 21.01.2017 and subsequent to that, assessee ought to have made necessary arrangements and should have informed the customers of both the erstwhile companies to deduct the tax under PAN: AAGCB2001F, but still some of the customers of the erstwhile Haldia Petrochemicals Limited have deposited TDS under the old PAN. 8. However, considering the fact that the claim ....