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TMI Blog2019 (3) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... imilar view was held by the Visakhapatnam Bench of the Tribunal in the case of ACIT v. Peddu Srinivasa Rao [2011 (3) TMI 1495 - ITAT VISAKHAPATNAM] and PARDEEP KUMAR DHIR. [2007 (4) TMI 294 - ITAT CHANDIGARH-B]shows that the issue raised u/s 154 of the I.T.Act is a debatable one. For the aforesaid reasons, we are of the view that withdrawal of tax credit which was given in the assessment completed u/s 143(3) of the I.T. Act by resorting rectification proceedings u/s 154 of the I.T.Act is legally untenable and cannot be sustained. However, we make it clear that TDS which is given due credit in this assessment year, the same should not be given credit during any other assessment year when income was offered for taxation - Decided in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The brief facts of the case are as follows: The assessee is an individual, who is film producer and director. For the assessment year 2008-2009 the assessment was completed u/s 143(3) of the I.T.Act vide order dated 23.12.2012 on a total income of ₹ 13,05,980. Subsequently, it was noticed by the Assessing Officer that tax credit for an amount of ₹ 2,57,500 was wrongly granted to the assessee as the assessee did not offer corresponding receipt as income during the relevant assessment year. To rectify the said mistake, the Assessing Officer issued notice u/s 154 of the I.T.Act on 15.04.2014. The assessee objected to the proposed rectification. However, the objections raised by the assessee were rejected and order u/s 154 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. We have heard the rival submissions and perused the material on record. The only issue that is raised is whether the credit of ₹ 2,57,500 which was given in the assessment order can be withdrawn in an order passed u/s 154 of the I.T.Act on the ground that corresponding income was not been offered for tax in the relevant assessment year? We are of the view that the issue is debatable and would not come within the purview of section 154 of the I.T.Act. The Delhi Bench of the Tribunal in the case of Bikramjit Ahluwalia (supra) had held that when tax has been deducted and paid into the Government account, the credit of the same should be given to the assessee in the year of deduction of TDS. The relevant finding of the Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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