2023 (12) TMI 765

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....dhi Nair, Sr. DR ORDER PER: ANIKESH BANERJEE, JM: The instant appeal of the assessee is directed against the order of the NFAC, Delhi, order passed u/s 250 of the Income Tax Act 1961, [in brevity 'the Act'] for A.Y. 2017-18. The impugned order was emanated from the order of the CPC, Bangalore,[in brevity 'the AO'] order passed u/s 154of the Act. 2. The assessee has taken only sole ground: "1....

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....credit amount of Rs. 492,990/- on account of withdrawal of tax credit by the deductor bearing TAN No. DELM2416D, which was deducted by the M/s MACRO Commerce Private Ltd. u/s 194J for providing software services by the assessee. In TDS return the party transferred this aforesaid amount to another company CONSOFT Solutions Private Ltd, which was incorporated on 29.03.2017. Without considering the a....

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....ment with party bearing APB page nos. 25 to 72. Therefore, the entire withdrawal of TDS is arbitrary and the ld. AO without considering the submission of the assessee, rejected the claim of TDS amount to Rs. 4,92,990/- and thereafter the order u/s 154 was passed. The ld. AR further argued that the ld. AO wrongly passed the order u/s 154 for withdrawing the TDS of the assessee after the two years. ....

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....quired no interference and is upheld. Keeping in view of the above, the appeal of the appellant is dismissed, 6.1 The assessee filed the return alongwith the relevant documents for executing the contract with the party which enclosed in APB. The relevant payment is also reflected in the bank account. Only for filing of TDS return and withdrawing the credit, the ld. AO has acted beyond jurisdictio....