2004 (11) TMI 506 - AT - Income Tax

Summary

Issues:
1. Recognition of interest income on bank deposits under cash method of accounting.
2. Treatment of tax deducted at source (TDS) on accrued interest income.
3. Credit for TDS in the assessment year.

Analysis:
1. The assessee followed the cash method of accounting where interest income on bank deposits was recognized only upon maturity. However, banks deducted TDS on the accrued interest. The Assessing Officer treated the entire accrued interest as income, adjusting TDS towards tax liability. The CIT (Appeals) agreed that the assessee could recognize interest income on maturity due to cash system of accounting, deleting accrued interest except for TDS portion.

2. The CIT (Appeals) directed that TDS credit be given proportionately to interest income shown by the assessee for the relevant assessment years. However, the Tribunal disagreed, stating TDS should be credited in the assessment year itself, as per Income-tax Act provisions. Section 143(1) mandates considering all tax payments for a specific assessment year. Sub-section (4) further clarifies that tax paid by the assessee shall be deemed for the regular assessment.

3. The Tribunal emphasized that TDS must be attributed to the concerned assessment year, not to a specific income source. It highlighted that Section 199 does not allow for such attribution. Therefore, the Tribunal directed the Assessing Officer to implement the CIT (Appeals) order, giving credit for the entire TDS amount made by the banks. Consequently, the appeals were allowed in favor of the assessee, leading to the dismissal of Stay Petitions as unnecessary.