TaxTMI 
TaxTMI 
2021 (7) TMI 1441
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.... 2. Without prejudice, the Ld.CIT(A) erred in not adjudicating the case of the appellant on merits. 3. The assessee has also filed following additional grounds read as under:- 1:0 Re.: Short credit for tax deducted at source amounting to Rs. 86,38,553/-: 1:1 The Assessing Officer has erred in not granting (short) credit for tax deducted at source to the extent of Rs. 86,38,553/-. 1:2 The Appellant submits that considering the facts and circumstances of its case and the law prevailing on the subject it is entitled to a total tax credit of Rs. 2,66,51,427/- being the total tax deducted at source as against Rs. 1,80,12,874/- granted by the Assessing Officer and the Commissioner of Income-tax (Appeals) ought t....
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....0-11, the assessee has received mobilisation advance from Chennai Metro Rail Ltd. of Rs. 97,41,76,875 on which tax of Rs. 1,94,83,538 is deducted and the same is claimed as credit by the assessee. He noted that the assessee has relied on the following case laws to contend that mobilisation advance is in the nature of loan for execution of the contract and it cannot be regarded as income received in advance. Delhi Tribunal in the case of Five Star Construction P. Ltd. v. of Income tax - ITA No. 1861/Del/2011 dated 2 November 2012; Punjab and Haryana High Court decision in the case of Hindustan instruction Company Limited v. State of Haryana and Others - 109 STC 660. Further, the assessee has relied on the following judicial precedents ....
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....ot allowed. 9. Further, the assessee has raised an alternative contention that the TDS credit should be allowed to the extent of revenue recognised in the books of accounts. After considering the facts and circumstanced of the case and going through the account of the assessee it is observed that the assessee has disclosed the amount of Rs. 57.86 as a contractual revenue which is forming part of the account of the assessee 10. Accordingly, the total TDS credit of Rs. 1,80,12,874 (1,08,44,985 + 5,70,814 + 65,97,075) is granted to the assessee based on the revenue recognised by the assessee during the financial year 2010-11 relevant to the assessment year 2011-12. 11. Further, the assessee has raised contention that....
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....ice of demand, the tax payment was determined at Nil, though refund for entire TDS claim of the appellant was subsequently granted. On the above clear facts and circumstances of the case, the appeal for non-granting of credit for TDS on mobilization advanced, remain to be filed. 4.2. The appellant was given opportunity to substantiate why condonation of delay should not be denied. The appellant furnished submissions which were a repetition of the submissions made in the appeal memo. It was also stated that vide rectification order dated 14.10.2014, the AO withdrew the excess TDS granted, pursuant to order passed u/s. 143(3) of the IT Act. On the advice of the counsel, in connection with the appeal of the assessee before the Hon'....
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....h the parties and perused the record. We note that the Ld.CIT(A) has not condoned the delay in filing of appeal of 615 days and dismissed the appeal in limine. We note that in original order u/s. 143(3) dated 24.03.2014, AO has not allowed full TDS credit. However, subsequently vide rectification order dated 14.10.2014, AO further withdrew the TDS credit allowed. The Assessee pleaded before the Ld.CIT(A) that assessee did not file appeal before him against order dated 24.03.2014. But, after rectification order dated 14.10.2014 where AO withdrew further, the TDS credit, the assessee was advised to file appeal as similar matter was also in dispute for AY 2010-11 before ITAT. 9. The above reasonable cause for the delay 516 days was not acce....