2023 (1) TMI 319

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..... sessing officer did not adhere in view of section 239 of the Act. Your Appellant submits that the same is not justified and allow the TDS credit. Your Appellant craves to leave to add to, alter, to amend or to delete any or all the grounds of appeal." 3. As per AIR information, the assessee received contract receipts of Rs. 2,61,07,550/- and rental income of Rs. 79,100/- during the F.Y. 2009- 10. The Revenue authorities observed that assessee did not file return of income for A.Y. 2010-11. Accordingly, reasons were recorded and noticed under Section 148 of the Act was issued on 23.03.2017 and served to the assessee. In response to the notice under Section 147 of the Income Tax Act, the assessee filed return of income on 24.04.2017 declar .....

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..... ejection of such applications/claims. The Ld. A.R. submitted that on the ground of genuine hardship the assessee requested the CIT(A) to condone the delay and allow the claim of TDS credit. The Ld. A.R. further submitted that during the assessment proceedings, the assessee suffered heavy losses and was not able to pay for the loan he had borrowed from bank, as there was liquidity crunch and his accounting staff had left for non-payment of salary etc., therefore, audit was delayed and return was not filed, which shows a genuine hardship. Further the Ld. A.R. submitted that Section 237 shows that the claim for refund has to be made before the Assessing Officer and the present claim the refund has to satisfy the Assessing Officer that the amou .....

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..... ess amount as per the Hon'ble Madras High Court's view. 6. The Ld. D.R. submitted that the judgment is not relevant in respect that here the assessee has not made the application before the appropriate authorities and the assessee has not given the proper details of explanation regarding the delay in approaching the incorrect authority. The Ld. D.R. submitted that Principal Commissioner of Income Tax or Commissioner of Income Tax has the power to decide this matter and the assessee has not filed the proper application before both the authorities. When the remedy lies with the other authorize officer the assessee should have not delayed the matter by filing the appeal before the CIT(A). The Ld. D.R. relied upon the order of the Assessing Of .....

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