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TMI Blog2023 (8) TMI 672X X X X Extracts X X X X X X X X Extracts X X X X ..... to examine assessee s contention regarding non-compliance with the conditions enshrined in first and second proviso to section 143(1)(a) - FAA is also directed to consider all other submissions of the assessee disputing the disallowances. Ground is allowed for statistical purposes. Credit for TDS - We do not find any infirmity in the decision of the FAA as he has directed AO to verify whether corresponding income relating to TDS amount credit for which it has been claimed by the assessee, has been offered to tax or not and thereafter allow the credit. In any case of the matter, the restriction imposed u/s 251 is only in respect of the first appellate authority. we direct the AO to verify whether the assessee has offered the correspondi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2019-20. 2. Ground nos. 1 and 2 being general grounds, do not require adjudication. 3. In ground no.3, the assessee has challenged the disallowance made of Rs. 2,53,29,652 under Section 40(a)(i) of the Income-Tax Act, 1961. 4. Briefly, the facts are, the assessee, a resident corporate entity, filed its return of income for the assessment year under dispute on 30.11.2019 declaring income of Rs. 759,53,94,050. The return of income so filed by the assessee was processed under Section 143(1) of the Act by the Centralized Processing Centre (CPC), Bangaluru and an intimation dated 31.03.2021 was issued to the assessee wherein the total income was determined at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... called for any response from the assessee on the issue of adjustment, as provided under the first and second proviso to section 143(1)(a) of the Act. He submitted, though, all submissions were made before the first appellate authority, however, the appeal proceeding having been conducted under the faceless scheme, the first appellate authority did not at all consider the submissions made by the assessee. Thus, he submitted, the issue can be restored back to the first appellate authority. 7. Learned Departmental Representative did not oppose assessee s request for restoration of the issue to the first appellate authority. 8. We have considered rival submissions and perused the material available on record. 9. It is the specific con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aving considered rival submissions, we do not find any infirmity in the decision of the first appellate authority as he has directed the Assessing Officer to verify whether corresponding income relating to TDS amount of Rs. 4,31,143, credit for which it has been claimed by the assessee, has been offered to tax or not and thereafter allow the credit. In any case of the matter, the restriction imposed under Section 251 of the Act is only in respect of the first appellate authority. Therefore, we direct the Assessing Officer to verify whether the assessee has offered the corresponding income in relation to which it has claimed credit for TDS amount to Rs. 4,31,143 and thereafter allow the credit. Needless to mention, assessee must be given an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning the issue is unacceptable. Be that as it may be, it is the case of the assessee that, though, the TDS amount of Rs. 5,76,79,710 is appearing in Form 26AS, however, the assessee has inadvertently not claimed the TDS credit in the return of income. The learned counsel has further submitted before us that he is ready to furnish a reconciliation statement before the Assessing Officer indicating that income corresponding to the TDS amount has been offered to tax. 16. In view of the aforesaid, we are inclined to restore the issue to the Assessing Officer for examining assessee s claim after verifying the TDS credit appearing in Form 26AS and also the reconciliation statement to be filed by the assessee to ascertain whether the correspondi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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