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TMI Blog2017 (5) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... he light of this Instruction, we set aside the order of CIT(Appeals) and restore the matter to the file of Assessing Officer to adjudicate the issue afresh, after making necessary verification and if it is found that the deductor has deducted the TDS and deposited in the Government account, credit of the same should be given to the assessee. - Decided in favour of assessee for statistical purposes. - ITA No. 1703/Bang/2016 - - - Dated:- 28-4-2017 - Shri Sunil Kumar Yadav, Judicial Member And Shri A. K. Garodia, Accountant Member Appellant by : Shri Padam Chand Khincha, CA Respondent by : Ms. Renuga Devi, Jt. CIT (DR) ORDER Per Sunil Kumar Yadav, Judicial Member This appeal is preferred by the assessee against the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be claimed as no separate return of income is filed; and (iv) the statutory right of credit of TDS cannot be denied merely for the fact that the payers have not filed a statement indicating the new name of the appellant. 1.5 On facts and in the circumstances of the case and law applicable, the appellant is entitled for credit of TDS of ₹ 61,84,211/-deducted in its erstwhile name [IT T Technology Services Limited]. 1.6 The learned Commissioner of Income Tax (Appeals) - 3 has erred in not allowing the differential TDS credit of ₹ 41,173 (Rs. 1,41,10,000 - ₹ 1,40,68,827), i.e., the difference between the TDS claimed in the return of income as per the original certificates available and TDS as appearing in F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with old PAN No. The credit of TDS deducted and deposited in the old name and old PAN No. and the credit of the same was not given to the assessee on account of mismatch, though entity is the same. 3. The ld. counsel for the assessee further invited our attention to Circular issued by the CBDT vide Instruction No.5/2013 dated 8.7.2013, through which it has been clarified that if the assessee approaches the AO with requisite details and particulars in the form of TDS as an evidence against any mismatched amount, the said Assessing Officer will verify whether or not the deductor has made the payment of the TDS in the Government account and if the payment has been made, credit of the same should be given to the assessee. 4. The ld. couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l verify whether or not the deductor has made payment of the TDS in the Government Account and if the payment has been made, credit of the same should be given to the assessee. However, the Assessing Officer is at liberty to ascertain and verify the true and correct position about the TDS with the relevant AO (TDS). The AO may also, if deemed necessary, issue a notice to the deductor to compel him to file correction statement as per the procedure laid down. 7. In the light of this Instruction, we set aside the order of CIT(Appeals) and restore the matter to the file of Assessing Officer to adjudicate the issue afresh, after making necessary verification and if it is found that the deductor has deducted the TDS and deposited in the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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