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TMI Blog2014 (1) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... in its system or point out fallacy in the assessee’s claim - There can be no question of penalizing the assessee for no fault committed by it - If the assessee’s contention about the unallowed TDS credit had been incorrect, the A.O. should have made a mention of this in his order u/s 154 - Prima facie, there is unadjusted TDS against the current year’s income - thus, the assesse cannot be pressed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the assessee had filed rectification application and stay applications before the authorities below, which were not disposed off till then. Today, the learned AR presented himself before the Tribunal by stating that the original order passed by the Assessing Officer has been now rectified on application of the assessee. A copy of the rectification application dated December 2012 has been place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for allowing TDS for the remaining amount of TDS certificates, the A.O. mentioned in his order u/s 154 dated 18.01.2013 that : With regards to TDS claim of the assessee, same is allowed as per matching available in the system . The net result of the rectification proceedings on the question of allowing credit against TDS certificates is that no benefit for the remaining TDS certificates to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation application, has not been denied by the A.O. in his order. Merely because the Department s system does not indicate the said amount of TDS refund of Rs 8.57 crore, it cannot be held that the assessee should be compelled to deposit the amount once again. It is for the Department to check the error in its system or point out fallacy in the assessee s claim. There can be no question of penalizi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. The Department is at liberty to adjust the outstanding demand by allowing credit as per TDS certificates for which no credit has been so far allowed to the assessee. The Registry is directed to fix the present appeal for hearing on out of turn basis on 3 rd April,2013. An announcement to this effect was made on the conclusion of the hearing. The assessee has waived the right to separate notic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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