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TMI Blog2022 (8) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... his mind in this regard and confirmed the AO s order As already noted by us, the above adjustment was not liable to be done by CPC without issuing notice in this regard. On merits, the order of ld. CIT(A) exhibits non-application of mind. Hence we set aside the order of authorities below and decide the issue in favour of the assessee. - ITA No.8910/Del./2019 - - - Dated:- 3-8-2022 - SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER And SHRI YOGESH KUMAR US, JUDICIAL MEMBER ASSESSEE BY : Shri Salil Kapoor, Advocate Ms. Ananya Kapoor, Advocate Shri Amarbir Singh Walia, Advocate REVENUE BY : Md. Gayasuddin Ansari, Senior DR ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit reflecting in the form 26AS of the appellant by another assessee. Also, there is a practical hinderance in claiming such TDS by other assessee to whom the income pertains as TDS credit is in the name PAN of the Appellant. 3. Brief facts in this case are that in the processing under section 143 (1) of the Income-tax Act, 1961 (for short the Act ), the CPC did not give credit of TDS amounting to Rs.1,85,392/-, though the same was appearing in Form 26AS. The CPC did not issue any notice to the assessee. 4. Assessee challenged the same before the ld. CIT (A) inter alia taking a ground that AO should have made a proposal u/s 143(1)(a) before making the adjustment. The ld. CIT (A) in his order also referred to following submis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idation or any other reason whatsoever as may be mutually agreed, the Developer Company shall bear any loss or shall be entitled to any profit/gain as the case may be, arising by way of such transaction and all the cost and expenses relating to the transaction shall be borne by the developer company. The Owner shall however undertake to do 0/1 such acts, deeds, things and matters as may be required to facilitate such transaction as per the instructions of the Developer. The Developer shall adjust the cost of such transaction including other expenses and cost incurred by the Owner on its behalf against the interest free advances made by it to the Owner and to that extent the Interest free advances outstanding against the Owner shall stand re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n its Return of Income, for which the TDS credit has been claimed. Therefore, the AO is right in disallowing the credit for TDS, for which no income shown by the appellant company. Therefore, considering the facts and circumstances of the case, I do not find any reason to interfere with the findings of the AO, CPC and therefore, the action of the AO is hereby confirmed. 6. Against the above order, the assessee is in appeal before us. We have heard both the parties and perused the records. 7. We find that ld. CIT (A) has confirmed the order of CPC by ignoring the mandate of law contained in section 143(1)(a) that before making such adjustment, assessee should be put to notice. Since this has not been done the jurisdiction of CPC in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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