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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 ..... 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 Rs. 754,11,59,870. The variation in the total income was due to the following two adjustments: i) Increase in disallowance under Section 36(1)(va) of the Act ; & Rs. 17,905 ii) Increase in disallowance under Section 40(a)(i) of the Act. Rs. 2,57,47,9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeding 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 contention of learned counsel for the assessee before us that before making the adjustment and issuing intimation under Section 143(1)(a) of the Act, the CPC has not complied with the condition of first and second provisos to section 143(1)(a) of the Act by issuing any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 opportunity of being heard on the issue. 13. In ground no.5, the assessee has raised the issue of non-grant of TDS amounting to Rs. 5,76,79,710. It is the contention of learned counsel for the assessee before us that, though, the aforesaid TDS amount is appearing in Form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther 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 corresponding income in relation to the claim of TDS has been offered to tax by the assessee or not. Needless to mention, the Assessing Officer must provide reasonable opportunity of hearing to the assessee. 17. In the result, the appeal is allowed for statistical purposes. Order pronounce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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