2021 (9) TMI 630 - AT - Income Tax

Credit of TDS u/s 194IA - AR submissions are that the purchaser has deducted the TDS @1% and has deposited in the Govt Account and issued TDS certificate - HELD THAT - Assessee has claimed TDS credit in the return of income filed manually and electronically in response to notice U/sec148 of the Act, the TDS credit cannot be denied as the A.O. in assessment order has considered the total sale consideration under income from capital gains which is not disputed. Accordingly, we considering the overall facts and the judicial decisions direct the Assessing officer to grant the TDS credit to the assessee after verification and examination of the TDS certificate, Form 26AS and the challan and allow the grounds of appeal of the Assessee.

Summary

Issues Involved:
- Disallowance of TDS credit under section 194IA of ?3,00,000
- Rejection of rectification petition for TDS claim
- Appeal against CIT(A) order upholding AO's decision
- Dispute over granting credit of TDS under section 194IA

Issue 1: Disallowance of TDS credit under section 194IA of ?3,00,000:
The appeal was filed against the order of the Commissioner of Income Tax (Appeals) concerning the disallowance of TDS credit under section 194IA of ?3,00,000. The appellant argued that the corresponding income from the sale of immovable property had been considered for taxation, and all necessary documents, including TDS certificate, challan, and 26AS statements, were filed. The Assessing Officer (AO) had initially observed a discrepancy in the reported sale amount, leading to a reassessment and disallowance of the TDS credit. The appellant contended that the TDS credit should be allowed as the income was duly disclosed for tax purposes.

Issue 2: Rejection of rectification petition for TDS claim:
The AO rejected the rectification petition for the TDS claim under section 194IA of ?3,00,000, citing that the claim was made in the return filed in response to the notice under section 148 of the Income Tax Act. The appellant, aggrieved by this decision, approached the CIT(A) seeking relief. However, the CIT(A) upheld the AO's decision, leading to the filing of an appeal before the Tribunal.

Issue 3: Appeal against CIT(A) order upholding AO's decision:
The Tribunal heard arguments from both parties, with the appellant contending that the TDS credit should be allowed despite being claimed in the return filed under section 148 of the Act. The appellant relied on various judicial decisions to support their case. The Tribunal considered the facts, judicial precedents, and provisions of the law to conclude that the TDS credit cannot be denied merely because it was claimed earlier. The Tribunal directed the AO to verify the TDS certificate, Form 26AS, and challan before granting the credit to the assessee.

Issue 4: Dispute over granting credit of TDS under section 194IA:
The Tribunal, after considering the judicial decisions and provisions of the law, allowed the appeal filed by the assessee. The Tribunal emphasized that the TDS credit should be granted to the assessee after due verification and examination of the relevant documents. The decision was based on the fact that the total sale consideration had been considered under income from capital gains in the assessment order. Therefore, the Tribunal directed the Assessing Officer to grant the TDS credit to the assessee and allowed the grounds of appeal.

In conclusion, the Tribunal allowed the appeal, emphasizing the importance of granting the TDS credit under section 194IA after due verification, despite earlier claims made by the assessee. The decision was based on thorough consideration of facts, judicial decisions, and relevant provisions of the law.