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TMI Blog2018 (9) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is entitled to claim the benefit of tax deducted at source in the succeeding year, where the TDS certificates were issued late. Applying the said principle to the facts of the present case, we hold that the assessee having offered the income in assessment year 2009-10, is entitled to claim the benefit of tax deducted at source out of such receipts in assessment year 2010-11, since the TDS amount was booked by the deductor in the said year and not in the preceding year. Accordingly, we direct the Assessing Officer to allow the benefit to the assessee. - Decided in favour of assessee Addition of an amount received as advance - assessee having booked the receipts in the succeeding years, can the same amount be added in the hands ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case as per provisions of law, it be held that the TDS claimed disallowed in the year under consideration, income for which was offered to tax by the appellant in F.Y 2008-09, and that confirmed by the first Appellate Authority is erroneous and contrary to the provisions and scheme of the Act. The appellant be granted just and proper relief as per provisions of law and facts prevailing in the case. 2. Without prejudice to the above referred ground of appeal, on facts and circumstances prevailing in the case and as per provisions scheme of the Act, credit of TDS be allowed in the year when the corresponding income was offered to tax by the appellant i.e. F.Y 2008-09. The appellant be granted just and proper relief in the respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot able to coordinate and communicate with the parties i.e. in the case of Gabriel India Ltd. and Spicer India Ltd. due to scarcity of time. The Assessing Officer rejecting the submissions of assessee, added sum of ₹ 73,69,030/-. 5. Before the CIT(A), additional evidence was filed, which was forwarded to the Assessing Officer to furnish remand report. The assessee pointed out that she had provided reconciliation of differences in relation to Gabriel India Ltd. vide letter dated 27.10.2015 to the Assessing Officer. The difference of ₹ 20,30,834/- was updated late in Form No.26AS due to system technicalities and late filing of TDS returns by the said concern. It was pointed out that income of ₹ 51,05,628/- pertained to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the assessee has not been able to link the advance received with the sales effected. In rejoinder, the assessee explained that there was no direct connection between the sales effected and payment made, hence the contention of Assessing Officer cannot be adopted. It was pointed out that The said company has been making ad-hoc payments to the appellant which are being appropriated against undisputed bills. The difference between amount received from Spicer India Pvt. Ltd. and bills raised on Spicer India Pvt. Ltd. has been accounted as advance in nature. There has not been any loss to the revenue. The advance received by the appellant can be apportioned on the sales effected by the appellant with Spicer India Ltd. during the F.Y. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in it was pointed out that the TDS deducted on aforesaid amounts was booked in financial year 2009-10 i.e. assessment year 2010-11, copy of which is placed at page 3 of Paper Book. The learned Authorized Representative for the assessee pointed out that the said amount of TDS is to be claimed in assessment year 2010-11. In this regard, he placed reliance on the provisions of section 199 of the Act and also the decision of the Hon ble High Court of Punjab Haryana in CIT Vs. Abbott Agency (2014) 41 taxmann.com 404 (P H). 10. The learned Departmental Representative for the Revenue placed reliance on the orders of authorities below. 11. We have heard the rival contentions and perused the record. The first issue which arises in the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iso further provides that the deductee has to file declaration. Rule 37BA(3) of the Rules provides that credit for tax deducted at source and paid to the Central Government, shall be given for the assessment year for which such income is assessable. 12. The Hon ble High Court of Punjab Haryana in CIT Vs. Abbott Agency (supra) while interpreting the above said provisions of the Act held that where the payee had shown the amounts received in its accounts books for the relevant assessment years and where the said payee proves that TDS certificate, issued late, pertained to receipts reflected in the accounts books of earlier years, then the assessee is entitled to claim the benefit of tax deducted at source in the succeeding year, where th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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