2024 (11) TMI 1377

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.... the assessee are as under: "1. On the facts and in the circumstances of the case as well as the law on the subject, the learned CIT(A) has erred in confirming the action of the CPC in not rectifying the mistake apparent from record u/s 154. 2. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the action of CPC in disallowing the credit of TDS of Rs. 4,50,000/- even though the same was reflected in Form 26AS. 3. It is therefore prayed that disallowance made by CPC and confirmed by CIT(A) may please be deleted. 4. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal." 3. All three grounds of appeal raise....

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.... the appeal before CIT(A). The CIT(A) had given opportunity to the assessee to submit details before him. He had issued three notices for fixing date of hearing on 12.02.2021, 17.08.2022 and 23.03.2023. The reply of the appellant is at para 6.1 (pages 3 to 7) of the appellate order. The CIT(A) observed that AO, CPC has not allowed the claim of the appellant in respect of TDS of Rs. 5,09,477/-. As per Rule 37BA(3) of the Income-tax Rules, TDS credit can be given only for those receipts, which are offered to tax in the relevant assessment year. He further observed that TDS corresponding to such income can be claimed only in the year in which such income is offered for tax. It is nowhere mentioned in the section that the same should be claimed....

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....ve, he requested to allow TDS credit of Rs. 4,50,000/- appearing in Form 26AS for AY, which is not disputed in FY.2018-19 and the AO should be directed accordingly. 7. On the other hand, Learned Senior Departmental Representative (Ld. Sr. DR) of the revenue supported the order of lower authorities. He submitted that the order of CIT(A) is in accordance with law and he has already directed AO to allow credit for such amount in AY.2018-19. 8. We have heard both the parties and perused the materials available on record. The appellant has filed appeal before CIT(A) against the order u/s 154 of the Act dated 28.06.2019 for AY.2016-17. The two grounds before CIT(A) were in respect of the action of DCIT, CPC in not rectifying the mistake apparen....