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TMI Blog2022 (11) TMI 1208X X X X Extracts X X X X X X X X Extracts X X X X ..... nd direct him to correct the TDS return. CIT(A) has not considered the detailed submissions of the Assessee wherein it was clearly established that amount of TDS has been deducted, wrongly shifted to AY 2014-15, when the transaction related to sale of property made in FY 2015-16 (AY 2016-17). The entire payment was received in the FY 201516 and the TDS was deducted as well in FY 2015- 16, and the Deductor deposited the TDS in that year. Challan counterfoil dated 14.12.2015 issued by the bank also shows that the TDS deposited is for AY 2016-17. TDS return in Form 26QB as downloaded also shows that the return is for the AY 2016-17 (FY 2015-16) however the date of payment and date of deduction are erroneously and wrongly mentioned as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s mentioned above, it is clear that the assessee is eligible for credit and refund - Hence, the AO is hereby directed to give credit of the TDS deducted and issue the refund of same to the assessee within 90 days from the receipt of this order. The ld. Jurisdictional PCIT shall monitor the issue of refund and see that the grievance of the assessee is redressed. Appeal of the assessee is allowed. - ITA No. 1707/Del/2021 - - - Dated:- 25-11-2022 - Sh. C. N. Prasad, Judicial Member And Dr. B. R. R. Kumar, Accountant Member For the Assessee : Sh. S. K. Mittal, CA For the Revenue : Ms. Rajeshwari R., Sr. DR ORDER PER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER: The present appeal has been filed by the assessee against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sale of property u/s 194IA of the Act. 6. An application dated 13.6.2018 u/s 154 for rectification was also made before the Jurisdictional Assessing Officer submitted on 15.6.2018. No order or communication has been received from Jurisdictional Assessing Officer. 7. The short TDS relates to sale of a property by the Assessee, being residential apartment bearing no. A-112, 11th Floor, Tower A along with two covered car parking spaces bearing no. 232 235 in the upper basement at Raheja Atlantis , Sector 31-32A, Gurgaon, on 10.12.2015. 8. The sale was affected for a total consideration of Rs. 2,31,50,000/- and the entire payment was received by Demand Draft and RTGSs all dated 10.12.2015 excluding TDS amounting to Rs.2,31,500/- whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e had rightly claimed the TDS in the AY 2016-17 relevant to FY 2015-16 in which the transaction took place. 14. The Assessee having sold two properties during the year there was Long Term Capital Loss and the same has been carried forward. Due to loss, the Assessee is entitled to refund of TDS over and above the tax on assessed income. 15. The ld. CIT(A) has confirmed non-credit of TDS with same reasons as the Assessing Officer, ignoring all facts that the TDS has been deducted and deposited, however, the credit originally appeared in the AY 2016-17 and later shifted to AY 2014-15. The Deductor has not corrected the TDS returns submitted by him, which could have been done and should have been done by the AO or the matter should have b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 016-17 is attached in the Paper Book. 20. In the meanwhile pending hearing in the present appeal, the Assessee submitted an application dated 15.02.2022 as per the Ack. No. 213052110255 dated 16.02.2022 to the Jurisdictional Assessing Officer. Till now, no action has been taken for giving credit by Assessing Officer. 21. A rectification request was also made to CPC, Bangalore on 12.03.2022 with Rectification Reference No. 333639100120322 for reprocessing the return. This application has been rejected the same day i.e. on 12.03.2022 without any reason. It is important to know from the Form 26AS downloaded on 14.02.2022 that the due credit for Rs. 2,31,500/- is appearing therein. The application for rectification as mention above in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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