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2022 (11) TMI 371 - AT - Income TaxDenial of credit of tax deducted at source - objection of the Revenue is that the Appellant is claiming credit for tax deducted at source corresponding receipts of which have not been credited to the profit and loss account and therefore, not offered to tax - stand of the Appellant is that there was back to back arrangement with the Sub-Contractor and therefore, the entire receipts were passed on to the Sub-Contractor leaving Nil income to be disclosed in the return of income - HELD THAT - We are of the view that while the Appellant cannot be denied the credit for credit for tax deducted at source in the facts and circumstances of the present case, the Revenue cannot be denied opportunity to examine the receipts and corresponding payments. The Appellant has placed on record, separate ledger account maintained showing receipts from NHAI and corresponding payments to sub-contractors - Accordingly, AO is directed verify that the receipts and deducibility of the corresponding payments reflected in the aforesaid ledger account during the relevant assessment year, and thereafter, allow the claim of credit of tax deducted at source by NHAI - With the aforesaid directions and in view of our findings Ground No. 1 to 4 are disposed off.
Issues Involved:
1. Denial of credit for TDS of Rs. 66,49,131/-. 2. Ignoring submissions by the Appellant. 3. Non-grant of TDS credit on receipts from National Highway Authorities. 4. Confirmation of interest under Section 234B and Section 234D. Detailed Analysis: Denial of Credit for TDS of Rs. 66,49,131/- The Appellant challenged the order of the CIT(A) which denied the credit for tax deducted at source (TDS) amounting to Rs. 66,49,131/-. The Assessing Officer (AO) had originally denied this credit on the grounds that the Appellant did not offer the corresponding income to tax during the relevant assessment year. This decision was based on Section 199 read with Rule 37BA of the Income Tax Rules, 1962. Ignoring Submissions by the Appellant The Appellant contended that the CIT(A) erred by ignoring the submissions filed on 23rd August 2021. The CIT(A) held that no submissions were made, which the Appellant argued was incorrect. Non-Grant of TDS Credit on Receipts from National Highway Authorities The Appellant had entered into a contract with the National Highway Authority of India (NHAI) for utility shifting work. The Appellant subcontracted this work to L&T Ltd. and recorded these transactions in a separate ledger account. The Appellant argued that since there was no profit accruing from these transactions, the receipts and corresponding expenses were not shown in the Profit and Loss account. The Appellant claimed that the balance was "Nil" and thus, they were entitled to claim credit for the TDS deducted by NHAI. The Tribunal noted that the AO and CIT(A) had denied the TDS credit because the Appellant did not credit the receipts from NHAI to the Profit & Loss account. However, the Tribunal found that the Appellant had a back-to-back arrangement with the subcontractor, resulting in no profit and thus no need to show these receipts in the Profit & Loss account. The Tribunal directed the AO to verify the ledger account showing receipts from NHAI and corresponding payments to the subcontractor and allow the TDS credit accordingly. Confirmation of Interest under Section 234B and Section 234D The CIT(A) confirmed the interest under Section 234B of Rs. 23,09,726/- and under Section 234D of Rs. 43,967/-. The Tribunal noted that these issues were consequential in nature and would be disposed off based on the outcome of the primary issue regarding the TDS credit. Conclusion The Tribunal allowed the appeal for statistical purposes, directing the AO to verify the ledger accounts and allow the TDS credit if the receipts and corresponding payments were accurately reflected. The issues regarding interest under Sections 234B and 234D were deemed consequential and would be addressed based on the primary issue's resolution. The appeal was thus allowed for statistical purposes.
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