9911796707
TMI Blog2022 (7) TMI 1153X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and reduced TDS credit of assessee. We note that assessee has fully offered commission income for taxation, as received by him from NICL and he had also received valid TDS certificates from NICL against the commission income so offered by him. Thus, assessee is justified in claiming TDS credit as assessee has offered income for the same. However, at this stage we cannot ascertain the fact that why the TDS credit was not allowed to the assessee, as we have pointed out that NICL might have revised its TDS return, that is way, the exact amount of TDS is not getting reflected in Form No.26AS. However, without verifying the real facts, such disallowance of TDS credit must not be made, as income has been duly offered by the assessee, and if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals), NFAC has erred in passing order on the basis of submissions made in statement of facts without sending notice of hearing on the email id. Mentioned in Form 35. 2. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals), NFAC has erred in confirming the action of Deputy Commission er of Income Tax (CPC) in allowing less credit on account of tax deducted at source to the extent of Rs.4,79,052/- by passing order u/s 154 of the I.T. Act 1961. 3. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in Form No.26AS then Assessing Officer does not have power to allow the credit of TDS, based on the certificate only. However, this issue may be remitted back to the file of Assessing Officer with the direction to examine the TDS certificate and also to examine the FormNo.26AS. The ld DR also stated that it may also be possible that National Insurance Corporation Ltd ( NICL for short) might have revised its TDS return, therefore, the assessing officer should examine this aspect also. 5. We have heard both the parties and perused the materials available on record. The ld Counsel submits that assessee has claimed TDS amounting to Rs.4,83,295/- at the time of filing his return of income and the same was not fully allowed at the time of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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