9911796707
TMI Blog2021 (9) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... DS certificate, Form 26AS and the challan and allow the grounds of appeal of the Assessee. - ITA No. 5863/Mum/2019 (A.Y: 2014-15) - - - Dated:- 23-3-2021 - SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Appellant by: Shri Abhishek Jhunjhunwala, AR Respondent by: Shri Vijay Kumar Menon, DR ORDER PER PAVAN KUMAR GADALE JM: The appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals) - 21, Mumbai, passed u/s.154 and 250 of the Income Tax Act., 1961. The assessee has raised the following grounds: 1.0 On facts and circumstances of the case and in law, Ld. CIT(A) erred in confirming the order of Ld. AO wherein the credit of TDS u/s 194 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opening of the Assessment and were disposed off. Further, the notice u/s 143(2) and 142(1) of the Act along with questionnaire was issued. Whereas, the A.O has called for the details of immovable property and the assessee has filed the copy of agreement of assignment cum-sale dated 19.09.2013 and the copy of deed of assignment dated 26.11.2013 in respect of sale of property. The assessee also filed the explanations on 10.08.2018 referred at para 9 of the assessment order. The A.O found that the assessee has executed provisional agreement of sale of ₹ 3 crores on the buyer and there after sale deed was executed on 28-11-2013 for the same amount. Further the A.O. has that observed both the deeds relate to only one property Of ₹ 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the Form 26AS of the assessee and prayed for allowing the Appeal. Contra, the Ld. DR supported the order of the CIT(A). 5. We heard the rival submissions and perused the material on record. The sole crux of the disputed issue as envisaged by the Ld.AR is with respect of granting of credit of TDS of ₹ 3 lakhs u/s 194IA of the Act. The Ld.AR submissions are that the purchaser has deducted the TDS @1% and has deposited in the Govt Account and issued TDS certificate. The Ld. AR referred to the paper book at page 1 where form no 26QB is filed and also Form 26AS of the assessee, were ₹ 3 lakhs deducted by the M/s Bhavna Autopure Infra Pvt Ltd is reflected. The Ld.AR contentions are that, the assessee in entitled for the TDS cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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