2024 (10) TMI 76 - AT - Income Tax

Restriction of TDS Credit in respect of Royalty income - HELD THAT - We respectfully following the order of the Co-ordinate bench of the Chennai Tribunal in assessee s own case 2024 (1) TMI 1324 - ITAT CHENNAI we direct the ld.AO to follow the same direction for this AY 2015-16 also as directed by the Tribunal in AY 2020-21 considering the facts and circumstances of the case, we direct Ld. AO to allow full TDS credit to the assessee which is otherwise available as per Form 26AS.

Summary

Issues:
1. Denial of Tax Deducted at Source (TDS) credit by lower authorities.
2. Challenge of the assumption of jurisdiction under section 147 of the Income-tax Act.

Analysis:
1. Denial of TDS Credit:
The appeal by the assessee for Assessment Year 2015-16 contested the denial of TDS credit and the assumption of jurisdiction under section 147 of the Act. The appellant's primary grievance was the denial of TDS credit by the lower authorities, specifically related to royalty income. The appellant contended that the authorities erred in not granting the full TDS credit available as per Form 26AS, restricting it to a proportion of the royalty income offered to tax. The appellant argued against the application of the proviso to Section 155(14) of the Act, emphasizing that the TDS credit should be allowed based on the actual taxes deducted. Additionally, the appellant highlighted discrepancies in the treatment of TDS credit by the authorities, including the impact of credit notes issued post-invoicing and the gross value of invoices for TDS calculations. The appellant also stressed that TDS credit should not be the sole determinant of the tax amount and cited judicial precedents to support their position.

2. Challenge of Jurisdiction under Section 147:
The appellant challenged the validity of the reassessment under section 147 of the Act, arguing that essential conditions for reopening the assessment were not met. The appellant contended that no income chargeable to tax had escaped assessment, a prerequisite for invoking section 147. The appellant emphasized that all material facts were disclosed during the scrutiny proceedings under section 143(3), and there was no failure in providing information. The appellant criticized the initiation of reassessment proceedings as a change in opinion without fresh tangible material, rendering it invalid and void ab initio. Furthermore, the appellant highlighted discrepancies between the reason for reopening and the subsequent order passed by the assessing officer, indicating a lack of jurisdiction under Section 147. The appellant also raised the issue of limitation under Section 149(1)(b), stating that the notice for reassessment was time-barred and did not involve any income chargeable to tax represented as an asset, as required by the Act.

In conclusion, the Appellate Tribunal, following a previous decision in the appellant's favor, directed the assessing officer to allow full TDS credit based on Form 26AS for the relevant assessment year. As the appeal was decided on merits regarding TDS credit, the challenge to the assumption of jurisdiction under section 147 was not adjudicated. The appeal was partly allowed based on the Tribunal's order, providing relief to the appellant regarding the denial of TDS credit.