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TMI Blog2023 (4) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... Non-grant/short term of TDS - HELD THAT:- As counsel pointed out that AO has not granted TDS credit despite of repeated reminders. Therefore, we direct the AO to examine the relevant documents and evidences and grant the TDS credit in accordance with law. Charging of interest u/s 234C and 234D - HELD THAT:- As these grounds are consequential in nature, therefore we direct the AO to compute the interest under section 234C and 234D in accordance with the provisions of law. - ITA No.13/SRT/2023 - - - Dated:- 18-4-2023 - Shri Pawan Singh, JM And Dr. A. L. Saini, AM For the Appellant : Shri Yogesh Shah, AR For the Respondent : Shri Vinod Kumar, Sr. DR ORDER PER DR. A. L. SAINI, AM: Captioned appeal filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eleted the disallowance made by the AO in recent ruling based on previous Honourable High Court orders. It is submitted it be so held now. 3. The Hon'ble CIT(A) erred in not adjudicating the third ground of appeal which was raised for non-grant/short grant of TDS credit of Rs.97,98,066. The appellant prays that the AO be directed to grant such TDS credit. 4. The Hon'ble CIT(A) erred in not adjudicating the fourth ground of appeal for excess interest charged by the AO u/s 234C of the Act amounting to Rs.1,49,39,921. The appellant submit that no such interest was leviable and the same may be deleted now. 5. The Hon'ble CIT(A) erred in not adjudicating the firth ground of appeal for the excess interest charged u/s 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter than the view so taken by the Division Bench of this Tribunal in assessee s own case vide order dated 31.10.2022. In this order, the Tribunal has inter alia observed as follows: 8. We have considered the rival contentions of both the parties and perused the record carefully. Ground No. 1 of the appeal relates to deletion of addition by the ld. CIT(A) made on account of disallowance of expenses on consumption and replacement of stores and spares of Rs. 1,30,29,026/-. The ld. CIT-DR for the revenue has vehemently supported the order of the Assessing Officer. 9. On the other hand, the ld. AR of the assessee has supported the order of ld. CIT(A) and submits that this ground of appeal is squarely covered by the decision of the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n at different rate on different part and worked out total depreciation of Rs. 1.657 Crore and remaining of Rs. 3.588 Crore was disallowed. We find that before ld CIT(A) the assessee made similar submissions as made before us and relied on various case laws. The ld CIT(A) after considering the submissions of the assessee held that the assessee has replaced the exiting part of machine or replaced the parts which have become obsolete and the replacement was essential. It was held that the replacement has not increased the existing capacity, so entire expenditure was treated as revenue expenditure. We find that on similar disallowance the assessee was allowed relief by Tribunal and granted relief to the assessee in AY 2003-04 to 2005-06, 2008- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bench that AO may be directed to grant the TDS credit in accordance with law. 12. On the other hand, Ld. DR for the Revenue submitted that a suitable instruction may be given to the Assessing Officer to examine the TDS credit and to grant TDS credit in accordance with law. 13. We have heard both the parties and perused the material available on record. We note that the issue raised by the Ld. Counsel before us is on account of non-grant/short grant of TDS credit of Rs.97,98,066/-. The Ld. Counsel pointed out that Assessing Officer has not granted TDS credit despite of repeated reminders. Therefore, we direct the Assessing Officer to examine the relevant documents and evidences and grant the TDS credit in accordance with law. 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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