2018 (6) TMI 1504 - AT - Income Tax

Credit of TDS - arrears of tax demands arose only on account of TDS mismatch - Held that - As the issue under consideration is materially identical to that of AY 2007-08, following the decision therein, we set aside the order of the CIT(A) and direct the AO to give credit of TDS of ₹ 62,92,887/- after verification of the claim of the assessee. Needless to say that assessee may be given proper opportunity of being heard. Accordingly, the grounds raised by the assessee on this issue are allowed.- Appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
Delay in filing appeal, TDS credit disallowance, CIT(A) order confirmation, AO refusal of TDS credit, appeal grounds challenging CIT(A) order.

Delay in filing appeal:
The appeal was filed with a delay of 61 days, citing reasons beyond the assessee's control. The delay was condoned by the tribunal as the assessee was prevented by reasonable cause from filing the appeal within the stipulated time.

TDS credit disallowance:
The AO disallowed TDS credit of &8377; 62,92,887/-, which was claimed by the assessee in the return of income. The assessee filed a petition under section 154 against the short TDS credit given, supported by original TDS certificates and a certificate from the AO of the joint venture. Despite this, the AO refused to grant TDS credit, stating that the CIT(A)'s order only applied to AY 2006-07.

CIT(A) order confirmation:
The CIT(A) confirmed the AO's order, passing an ex parte order due to the assessee's failure to attend hearings, file adjournment petitions, or provide supporting proofs for their claims. The CIT(A) observed that the assessee showed no intention of participating in the proceedings.

AO refusal of TDS credit:
The AO rejected the assessee's petition for TDS credit, stating that the CIT(A)'s order did not cover the relevant assessment years. The assessee argued that the issue had been decided in their favor for AY 2006-07, and the TDS credit should be allowed based on previous appellate orders.

Appeal grounds challenging CIT(A) order:
The assessee appealed before the tribunal, challenging the CIT(A)'s order on various grounds, including errors in facts and law, lack of proper opportunity provided by the CIT(A), and denial of TDS credit by the AO. The tribunal, considering the submissions and precedents, set aside the CIT(A)'s order and directed the AO to grant TDS credit of &8377; 62,92,887/- to the assessee after verification, allowing the appeal for statistical purposes.