9911796707
TMI Blog2022 (7) TMI 858X X X X Extracts X X X X X X X X Extracts X X X X ..... The impugned order of the CIT(A) is set aside and the matter restored back to the file of the Assessing Officer for grant of credit in accordance with law. Appeal of the assessee is allowed for statistical purposes. - I.T.A. No.4597/DEL/2018 - - - Dated:- 18-7-2022 - Shri Saktijit Dey, Judicial Member And Shri Pradip Kumar Kedia, Accountant Member For the Appellant : Shri Saten Sethi, Adv. For the Respondent : Shri Abhishek Kumar, Sr.DR ORDER PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed by the assessee against the order of the ld. CIT(A)-I, Gurgaon dated 05.04.2018 arising from the intimation order passed by the Assessing Officer under Section 154 of the Act dated 10.10.2017 concerning Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer. The CIT(A) vide order dated 05.04.2018 however dismissed the appeal for the reason that issue is debatable and thus outside the scope of Section 154 of the Act. 4. Aggrieved by the impugned order of the CIT(A) against the rectification order passed by the Assessing Officer, the assessee preferred appeal before the Tribunal. 5. When the matter was called for hearing, the learned for the assessee submitted that in the instant case the tax has been deducted by the payer in Financial Year 2014-15 relevant to Assessment Year 2015-16 for which the invoice was drawn by the payee in Financial Year 2015-16 relevant Assessment Year 201617. The assessee thus has included an income of Rs.57,05,156/- in the Assessment Year 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in Assessment Year 2016-17 is against the mandate of law and apparent error on the contours of Section 154 of the Act. 6. Ld. DR for the Revenue relied upon the order of the lower authorities. 7. The Co-ordinate Bench of Tribunal in M/s. Interglobe Enterprises Pvt. Ltd. vs. ACIT, New Delhi order dated 07.06.2022 has dealt with identical issue as under: 5. We have carefully considered the rival submissions. It is the case of the assessee that when the issue of availability of TDS credit in the appropriate assessment year is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules, it would be clear that credit for tax deducted at source and paid to the Central Government, shall be given for the assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lear, we have no hesitation to accept the plea of the assessee. Denial of TDS credit in contradiction to the plain provisions of Section 199 r.w. Section Rule 37BA is clearly in the league of apparent error and thus liable to be rectified under Section 154 of the Act. 9. Hence, the assessee would be entitled to claim of credit of TDS corresponding to the income reported in Assessment Year 2016-17 itself, provided the assessee has not claimed any credit for TDS in earlier Assessment Year 2015-16. On being satisfied, the Assessing Officer shall grant the TDS credit in terms of observations made hereinabove. The impugned order of the CIT(A) is set aside and the matter restored back to the file of the Assessing Officer for grant of credit in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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