9911796707
TMI Blog2023 (6) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... ars have already been elapsed, this action be completed by the revenue authorities within 6 months from the date of this order. Appeal of the assessee is allowed. - ITA No. 2924/Del/2017 - - - Dated:- 28-4-2023 - Sh. C. M. Garg, Judicial Member And Dr. B. R. R. Kumar, Accountant Member For the Assessee : Sh. B. K. Anand, AR For the Revenue : Sh. Kanv Bali, Sr. DR ORDER Per Dr. B. R. R. Kumar , Accountant Member : The present appeal has been filed by the assessee against the order of ld. CIT(A)-2,New Delhi dated 27.01 .2017. 2. The assessee has raised the following grounds of appeal: 1.(i) That on the facts and in the circumstance of the case the learned CIT (Appeals) erred in holding that the appeal f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee's grievance petition, is treated as non-est. 4. The only issue involved in the appeal relates to not allowing full credit in respect of tax deducted at source as claimed by the assessee in its return of total income for the reason that out of the TDS claimed a portion of tax relates to income under the head house property assessable in the subsequent assessment year. The copy of order filed along with Form 35. 5. However, the records support that notwithstanding such order passed by the Assessing Officer he has not allowed the assessee such credit for TDS in the subsequent year and therefore deprived the assessee benefit/refund of tax both in the assessment year 2001-02 as well as in the subsequent assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest u/s 244A on the basis of the said return copy acknowledgement of return 86 intimation from CPC are enclosed on record. As the CPC was not concerned with the order of the AO for the assessment year 2001-02 it never took credit of the TDS deducted in preceding year the benefit of which the assessee was to receive assessment year 2002-03 as per the impugned order of AO u/ s 154. Similarly, as intimation and refund from CPC was in accordance with the return as filed by the assessee itself, the assessee had no cause of action to seek any redressal for carried forward TDS benefit as per the order of the AO from the CPC and therefore the assessee could not file any claim before the said functionary. 10. In such circumstances, it was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t source mainly relate to the following situations: (a) Tax is deducted at source under the provisions of section 194-I of the Act on advance rent pertaining to more than one financial year to be adjusted against future rent. (b) Subsequent to the deduction of tax at source on advance rent pertaining to one or more financial years : (i) Rent agreement gets terminated/ cancelled resulting into refund of balance amount of advance rent to the tenant. (ii) Rented property is transferred by way of sale, lease, gift, etc., with tenant in occupation or otherwise resulting into refund of balance amount of advance rent to the transferee or the tenant, as the case may be. 2.1 1 In the situation mentioned at (a) in para above, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion at source stands because there is no relatable rental income and, further credit for tax is not allowed to any person other than the person in whose name Certificate for tax deducted at source has been issued. Thus, in such cases, even though tax has been deducted at source and paid to the Government, due credit for such tax deducted is not allowed. 3. The matter has been considered by the Board and it has been decided that credit for tax deducted at source shall be allowed to the assessees on whose behalf such tax has been deducted and to whom Certificate for tax deducted at source has been furnished under section 203 of the Act as under: (i) In such cases as referred to in (a) above where advance rent is spread over more th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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