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TMI Blog2013 (9) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment year under dispute. 3. Briefly the facts are, the assessee is a joint venture. For the impugned assessment year the assessee filed its return of income disclosing total income of Rs.1,38,91,595/-. Initially, the return was processed u/s 143(1) of the Act on 27-4-2007 accepting the income returned. Subsequently however the assessee s return was selected for scrutiny assessment and in the course of assessment proceedings, the Assessing Officer while examining the details noticed that the assessee had claimed TDS of an amount of Rs.58,22,932/- as per TDS certificate filed for the impugned assessment year. However, he further noticed that the entire gross receipts of Rs.25,23,31,091/- as mentioned in the TDS certificate has not been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year. Hence, it was argued that the TDS amount as mentioned in the TDS certificate for the impugned assessment year should be given credit in its entirety without disallowing a portion of it. The learned authorised representative for the assessee further contended that section 199 of the Act is an enabling provision for granting TDS provision and not a computation provision. In support of such contention, the learned authorised representative for the assessee relied upon the following decisions:- i) Court on its own Motion vs. CIT 352 ITR 273 (Del) ii) CIT vs. Nagri Mills Co. Ltd. (33 ITR 681 (Bom) iii) Berger Paints India Ltd. Vs. CIT (266 ITR 99) (SC) 6. The learned Departmental Representative, on the other hand, suppo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jected on the ground that it relates to the turnover which has not been shown by the assessee for the impugned assessment year. The Hon ble Delhi High Court in case of Court on its own Motion vs. CIT (supra) while dealing with identical issue has observed in the following manner:- There can be mismatch because of the deductor and the assessee may be following different methods of accounting. Further, he assessee may treat the income on which tax has been deducted as income for two or more different years. The respondents must take remedial steps and ensure that in such cases TDS is not rejected on the ground that the amounts do not tally. Of course, while issuing corrective steps, the respondents can ensure that fraudulent or double cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1952-53 or in the assessment year corresponding to the accounting year 1952, that is in the assessment year 1953-54, should be a matter of no consequence to the department, and one should have thought that the department would not fritter away its energies in fighting matters of this kind. But, obviously, judging from the references that come up to us every now and then, the department appears to delight in raising points of this character which do not affect the taxability of the assessee or the tax that the department is likely to collect from him whether in one year or the other. Therefore considering the contention of the learned authorized representative for the assessee in the context of the ratio laid down as aforesaid, we are of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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