2024 (4) TMI 1077

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.... 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 Deducted at Source [In short 'TDS'] of Rs. 9,54,132....

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....tion 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. 9,54,132/- claimed by the appellant-assessee d....

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.... 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 statement filed by the deductor, "Bosch Rexroth BV".....

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.... 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 reflected in the assessee's 26AS. Theoretically, the AO appea....