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TMI Blog2022 (11) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... ar. In the next financial year 2015-16, relevant to AY.2016-17, full consideration was received and income was offered to tax and TDS was claimed. Therefore, we are of the view that these facts are to be examined by AO. We direct the AO to examine the case of assessee and if he finds that in financial year 2015-16, if the assessee has received full consideration and income was offered to tax and the TDS which was not previously claimed in the financial year 2014-15, has been claimed by the assessee in financial year 2015-16, then TDS credit should be allowed to the assessee. Therefore, we remit the issue back to the file of AO with a direction to examine the facts as narrated by us above and if the same is found as correct the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and circumstances of the case, the learned Commissioner of Income tax (appeal) has erred in not appreciating that TDS of Rs.60000/- was deducted in assessment year 2015-16 towards advance money received and no credit was taken as property was sold in AY 2016-17. 4. On the facts and circumstances of the case, the learned Commissioner of Income tax (Appeal) has erred in not appreciating provision of Section 199 which relates to credit of TDS only in the year in which income is shown by the appellant and the impugned property was sold in AY. 2016-17. 3. Brief facts qua the issue are that in assessee s case the assessment was framed under section 143(1) by DCIT, CPC, Bangalore, dated 13.01.2020. The real facts are that in FY.2014-15, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission made by assessee. Therefore there is no error in the findings of Ld. NFAC/Ld. CIT(A). 8. We have heard both the parties and perused the material available on record. We note that Ld. Counsel for the assessee took us through page No.53 of the paper book, wherein computation of total income, for assessment year 2016-17 is stated wherein assessee has mentioned that TDS paid Rs.60,000/- was deducted u/s 194IA in financial year 2014-15 the same was being carried forward in next financial year, 2015-16. The TDS being carried forward is claimed in current financial year and adjusted against the tax liability for the year under consideration. The Ld. Counsel for the assessee invited our attention on the page no.53 of the paper book, where ..... X X X X Extracts X X X X X X X X Extracts X X X X
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