2022 (12) TMI 71 - AT - Income Tax

Rectification of mistake u/s 154 - short credit of TDS - Assessee s contention is that the aforesaid rectification application has not yet been disposed of by the Department - HELD THAT - As it clearly appears from record that the Assessee did not file proper application signed by it u/s 154 of the Act for efficacious remedy, therefore rightly not entertained by the AO however considering the magnitude, the peculiar facts and circumstances of the case and to cut short the litigation, we deem it appropriate as the parties also agreed, to direct the AO to verify the claim of TDS and grant the credit, if the Assessee is entitled to, suffice to say by disposing of the rectification application referred to above filed by the Assessee within a period of 03 months and by affording reasonable opportunity of being heard to the Assessee. As we have directed the AO to dispose of the Rectification Application filed by the Assessee u/s 154 of the Act for efficacious remedy, hence in our considered view, there is no need to decide this appeal on merit.

Summary

Issues:
Appeal against order passed by Ld. Commissioner of Income tax, TDS credit restriction, Short grant of TDS credit, Consequential levy of interest, Rectification application under section 154, Disposal of rectification application, Granting TDS credit, Interest liability under sections 234B and 234C.

Analysis:

1. Appeal against Ld. Commissioner's Order:
The Assessee appealed against the order passed by the Ld. Commissioner of Income tax (Appeals)-42, New Delhi, under section 250 of the Income Tax Act, 1961, relating to the assessment year 2018-19. The Assessee, a foreign company incorporated in Singapore, declared a total income of Rs. 34,64,76,960/- and claimed TDS credit of Rs.7,31,61,839/-. However, the TDS credit was restricted to Rs.1,22,76,233/- in the intimation under section 143(1), resulting in a demand payable of Rs.7,08,40,350/- due to short grant of TDS credit and levy of interest under sections 234B and 234C.

2. Rectification Application and Disposal:
The Assessee filed a rectification application under section 154 of the Act, which was not disposed of by the Assessing Officer. The Assessee contended that the TDS credit discrepancy should be rectified based on the provisions of the Income-tax Act and Rule 37BA. The Tribunal directed the Assessing Officer to verify the TDS credit claim and dispose of the rectification application within three months, providing a reasonable opportunity for the Assessee to be heard.

3. Granting TDS Credit and Interest Liability:
The Assessee's rectification application highlighted the mismatch in TDS credit granted and claimed, emphasizing the interlink between TDS credit and assessable income. The application requested the deletion of interest liability under sections 234B and 234C once proper TDS credit is granted. The Tribunal ordered the Assessing Officer to grant TDS credit if entitled, thereby eliminating the interest liability consequential to the TDS discrepancy.

4. Conclusion:
The Tribunal dismissed the appeal, considering the direction to dispose of the rectification application for an efficacious remedy. By focusing on rectifying the TDS credit issue and subsequent interest liability, the Tribunal aimed to resolve the controversy efficiently. The decision emphasized the importance of verifying TDS credit claims in alignment with assessable income, ensuring a fair and accurate assessment process.

This detailed analysis of the judgment outlines the key issues, arguments presented, and the Tribunal's decision, providing a comprehensive understanding of the legal proceedings and outcomes.