TaxTMI 
TaxTMI 
2025 (6) TMI 411
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....e pleased to Issue a Writ of certiorari, or a Writ in the nature of certiorari, or any other appropriate Writ, Order or directions, quashing the Impugned Orders; and / or b. That this Hon'ble Court be pleased to Issue a Writ of mandamus, or a Writ in the nature of mandamus, or any other appropriate Writ, Order or directions to the Respondents to grant complete credit of TDS to the Petitioner, to the extent deducted and deposited by the Buyers into the Government treasury, by reading down the internal SOP No CPC(TDS)/26QB/ Credit Transfer, dated 12.07.2022, to that extent, and to grant consequential refund in terms of ITR filed by the Petitioner; and / or." 2. The petitioner is a Non-Resident Indian [NRI] and a tax resident of th....
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....buyers with the Government to the credit of the petitioner. 3. The petitioner computed the balance of income tax liability at Rs. 1,91,780/- and deposited the same as advance tax. Thereafter, on 27.10.2015, the petitioner repatriated the balance amount of sale proceeds to USA. The petitioner claimed that he was not aware at the material time that he was also required to file the Income Tax Return [ITR] for the relevant period and therefore, had failed to do so. 4. On 04.03.2023, the Assessing Officer [AO] issued a notice under Section 148A (b) of the Income Tax Act, 1961 [the Act] on the basis of the information available that the petitioner had sold the subject property, which according to the AO, suggested that the petitioner's inco....
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....ued a notice under Section 142 of the Act seeking furnishing of certain documents. The petitioner responded to the same and sent various further communications. It is not necessary to examine the same, as the issue essentially relates to non-grant of credit of TDS deducted and deposited on account of using an unaccounted tax. 7. It is material to note that on 04.03.2025, the AO issued the proposed assessment order accepting the ITR filed by the petitioner. However, the AO also issued a computation sheet reflecting the demand of Rs. 46,81,013/- and also issued notice to the aforesaid effect. However, thereafter by the communication dated 04.03.2025, the initial assessment order was withdrawn and the computation sheet was confirmed without....
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....sident Indian instead of the one for an NRI. The AO has not only proceeded to raise a demand but has also thought it to be a fit case for issuance of penalty proceedings. This indicates a complete non-application of mind to the facts of the present case. 4. The learned counsel appearing for the Revenue seeks time to file a counter affidavit, clearly indicating the statutory provisions under which the impugned communications have been issued. 5. Let the counter affidavit be filed on or before the next date of hearing. 6. List on 27.05.2025." 9. Pursuant to the aforesaid order, the AO has filed a counter affidavit, inter alia, affirming as under:- "7. In the instant case, the buyer filed incorrect Form N....
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....r where return has been furnished for the first time under section 148] u/s 270A is effective from 01.04.2017, and the instant case related to FY 2015-16 (AY 2016-17), the penalty proceedings u/s 270A is hereby dropped vide Order dated 12.03.2025 (Annexure P/16 at p.131) to the benefit of the Petitioner. 17. That, in view of the aforesaid facts and circumstances, this Hon'ble Court may be pleased to pass the necessary orders in the instant petition." 10. The learned counsel appearing for the Revenue submits that the Revenue has been unable to correct the error, as under the Standard Operating Procedure [SOP], the consent of the buyers is required, along with an indemnity bond and other documents. 11. On a pointed query, a....