TaxTMI 
TaxTMI 
2024 (11) TMI 88
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....ned advocate for the petitioner that the respondent authorities have issued the intimation under Section 143 (1) of the Income Tax Act, 1961 for the assessment year under consideration being A.Y. 2020-21 and 2021-22 and also intimated that the same may be considered as a notice of demand under Section 156 (3) of the Act. 2.1 Learned advocate for the petitioner referred to and relied upon the Press Release dated 11th March, 2016 issued by the Central Board of Direct Taxes wherein it is mentioned that as per the Office Memorandum issued on 11th March, 2015 wherein it is re-emphasised that the Assessing Officer shall not enforce demands created on account of mismatch of credit due to non-payment of TDS amount to the credit of the Government by the deductor. Reliance was also placed on the following orders. (i) Shantanu Awasthi v. Income Tax Officer Ward 67 (1), Delhi with other allied matters being W.P. (C) No. 3518 of 2023 decided on 21st March, 2023 of Hon'ble High Court of Delhi; (ii) Abhijit Bhave v. Income Tax Officer, Circle 67 (1), Delhi being W.P. (C) No.3989 of 2023 decided on 29th March, 2023 Hon'ble High Court of Delhi; (iii) Sachin S. Gh....
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....by raising the demand by the respondent. 4. It was submitted that the employer of the petitioners did not pay the Tax Deducted at Source from the salary of the petitioners for the Financial Year 2020-2021 and when the petitioners filed the return of income disclosing the Tax Deducted at Source, there was a mismatch in the system and accordingly, the demand was raised in case of both the petitioners as under: Sr.No Name of the petitioner Special Civil Application No Amount of Tax deducted at source by the Employer (Rs.) Amount of demand raised in intimation issued under section 143 (1) 1. Gayatri Snehal Rao 5835/2024 6,13,583/- [3,53,597/- for A.Y. 2020-21 + 2,60,086/- for A.Y. 2021-22] 5,13,200/- [2,63,300/- for A.Y. 2020-21 + 2,49,900/- for A.Y. 2021-22] 2. Shobhan Shantilal Doshi 5870/2024 32,48,022/- [18,24,686 for A.Y. 2020-21+14,23,336 for A.Y. 2021-22] 27,26,590/- [11,98,880/- for A.Y. 2020-21+ 15,27,710/- for A.Y. 2021-22] 5. It was submitted that the petitioners are now subjected to recovery of tax against the aforesaid demand raised in the intimation issued under section 143 (1) of the Act. 6. Learned advocate for the p....
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....r SGSL-new, it was observed that there was an addition of goodwill of Rs 2550.69 crore in books of SGSL-new under the head intangible assets. Subsequently, the case of the assessee has been identified as a Potential Case flagged by the Directorate of Income-tax (Systems) after risk profiling 'based on enquiry reports and findings of Directorate of Income-tax (Investigation) and Directorate of Intelligence & Criminal Investigation. Information has been received that the assessee has claimed benefit of both unabsorbed depreciation of Rs 724.46 Cr as well as depreciation on goodwill of Rs. 179.85 crores. In a scheme of amalgamation assessee is not entitled to claim the benefit of both I.e. Unabsorded depreciation as well as depreciation on goodwill. However, assessee has claimed benefit of both Hence, depreciation of Rs 179.85 Cr claimed by assessee for AY 2016 17 as not found to be correct, leading to Income chargeable to tax escaping assessment in the hands of M/s SGSL (PAN: AAICS1400R) (erstwhile M/s SSL) for AY 2016-17. Accordingly, an Enquiry letter vide DIN No ITBA/AST/F/17/2022-23/1050394470(1) us 148A(a) of the Income Tax Act was tssucd to the assessee on 03.....
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....ing of demand, 2. As per Section 199 of the Act credit of Tax Deducted at Source is given to the person only if it is paid to the Central Government Account. However, as per section 205 of the Act the assessee shall not be called upon to pay the tax to the extent tax has been deducted from his income where the tax is deductible at source under the provisions of Chapter-XVII. Thus the Act puts a bar on direct demand against the assessee in such cases and the demand on account of tax credit mismatch cannot be enforced coercively. 3. This may be brought to the notice of all the Assessing Officers in your region so that if the facts of the case justify, the assessees are not put at any inconvenience on account of default of deposit of tax into the Government account by the deductor. 4. This issues with the approval of Chairperson, CBDT. Office Memorandum F.No. 275/29/2014-IT(B) SECTION 199 OF THE INCOME-TAX ACT, 1961 - DEDUCTION OF TAX AT SOURCE - CREDIT FOR TAX DEDUCTED - NON-DEPOSIT OF TAX DEDUCTED AT SOURCE BY THE DEDUCTOR - RECOVERY OF DEMAND AGAINST DEDUCTEE ASSESSEE OFFICE MEMORANDUM F.NO.275/29/2014-4T(B), DATED 11-3-2016 ....