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TMI Blog2014 (4) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... sing the appeal of the appellant company against the order passed by assessing officer under section 154/ I 43( 1) of the Act dated 06.12.2010. 1.1 That in doing so, the learned Commissioner of Income Tax (Appeals) ignored the basic fact that appellant company claimed credit of tax deducted at source amounting to Rs. 11,38, 821/- which were duly deducted by deductors prior to filing of return of income but claimed by the appellant company when such TDS certificates were actually received by the appellant company i.e. subsequent to the filing of return of income and thus, the tax was actually deducted and as such. credit of TDS should have been allowed by the learned Commissioner of Income Tax (Appeals). 2 That the learned Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of increase in unsecured loans, additions made in fixed assets and claim of deduction u/s 80HHC of the Act. During the assessement proceedings u/ 143(3) of the Act, the relevant details had been called by the Assessing Officer and issues regarding above mentioned points were examined by the Assessing Officer and found to be correct. Finally, the Assessing Officer again accepted the returned income of the assessee and the subsequent assessment made u/s 143(3) of the Act on 19.03.2004. 4. Subsequently, the assessee filed an application u/s 154 of the Act stating that the department has allowed short credit of TDS and moreover charged excessive taxes wrongly. In this application u/s 154 of the Act, the assessee also requested to allow additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its return of income. These TDS certificates have been clamed u/s 155(14) by way of separate applications as under:- S. No. Date of filing of application Amount of TDS certificates (Rs.) 1 03.01.2003 1039770/- 2 10.03.2003 2609/- 4 27.05.2004 12073/- 5 07.11.2005 50514/- Total 1138821/- 6. The provisions of S. 155(14) are as under:- "(14)Where in the assessment for any previous year or in any intimation or deemed intimation under sub-section (1) of section 143 for any previous year, 28 [credit for tax deducted or collected in accordance with the provisions of section 199 or, as the case may be, section 206C] has not been given on the ground that the certificate furnished under section 203 29 [or sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of above, we hold that the Commissioner of Income Tax(A) in para 8 of the impugned order wrongly placed reliance on the provisions of section 155(14) of the Act which was not applicable to the assessment year of the present case i.e. 2001-02. Hence, ground no. 2 and 2.1 of the assessee are allowed. Ground no. 1, 1.1 and 3 8. Apropos these grounds, ld. counsel of the assessee submitted that the Commissioner of Income Tax(A) has grossly erred both in law and on facts in dismissing the appeal of the assessee and upholding the order dated 06.12.2010 passed by the Assessing Officer u/s 154 and 143(1) of the Act. Ld. counsel further contended that the Commissioner of Income Tax(A) ignored the basic fact that the assessee company claimed c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to place the claim of TDS for which the certificates have not been received by the assessee till the date of filing of return. The DR fairly accepted that returned income includes income of the assessee on which TDS was deducted by the payer and certificates were issued after filing of return. 10. In view of above, we are of the considered opinion that the ends of justice would be met if claim of the assessee in regard to credit of additional TDS certificates is restored to the file of Assessing Officer for verification and examination on this particular point that whether the income in regard to additional TDS certificates is included in the returned income of the assessee. The Assessing Officer shall decide the issue by affording due op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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