2024 (4) TMI 1077

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....arg, Sr. DR ORDER PER AVDHESH KUMAR MISHRA, AM This appeal preferred by the Assessee is against the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), New Delhi [In Short 'the CIT(A)'] on 16.01.2023. 2. The assessee has raised six grounds of appeal which revolve around sole and substantive issue of non-allowance of the credit of Tax Deduct....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ellant assessee filed the rectification application on 3rd April, 2018 stating that the income of Rs. 95,41,321/- corresponding to the TDS of Rs. 9,54,132/- had been assessed in the relevant AY; therefore, the consequential credit of the TDS has to be given u/s 143(1) of the Act. The AO rejected the application of the appellant-assessee filed u/s 154 of the Act on the reasoning that the TDS of Rs.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..../- did get credited/reflected. The Ld. AR further submitted that the appellant-assessee is not getting its TDS credit due to the wrong submission of TDS statement by the deductor, "Bosch Rexroth BV" though the consequential income of Rs. 95,41,321/- had been assessed in the relevant AY. It was further submitted that the appellant-assessee's case for the AY 2011-12 was reopened based on the TDS sta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pellant-assessee in not getting the credit of the TDS of Rs. 9,54,132/- particularly when the appellant-assessee cannot file the return of income for the AY 2011-12 claiming the credit of TDS of Rs. 9,54,132/- because the assessee was not in existence in the AY 2011-12. Technically, the AO is not able to give credit of the TDS of Rs. 9,54,132/- in the AY 2012-13 as the same is not getting reflecte....