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TMI Blog2023 (12) TMI 765X X X X Extracts X X X X X X X X Extracts X X X X ..... ntimation U/s 143(1) read with section 139(1) of the Act. We find that there is a lack of verification in the point of the ld. AO section 154 is only restricted to filing of return u/s 139 and processing of intimation u/s 143(1). So, withdrawal of TDS is a separate activity of the deductor. The mere rejection of TDS credit is not serving the purpose. The transaction, execution of works and other evidence should be considered during withdrawn of TDS credit after processing of return U/s 143(1). The execution of section 154 can not be mechanical purpose. AO has acted beyond jurisdiction and rejection of TDS credit after issuance intimation U/s 143(1) is not come under the purview of section 154 of the Act related rectification apparent f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. AO issued intimation u/s 154 on dated 30.09.2020 and proposed to withdraw tax credit amount of Rs. 492,990/- on account of withdrawal of tax credit by the deductor bearing TAN No. DELM2416D, which was deducted by the M/s MACRO Commerce Private Ltd. u/s 194J for providing software services by the assessee. In TDS return the party transferred this aforesaid amount to another company CONSOFT Solutions Private Ltd, which was incorporated on 29.03.2017. Without considering the assessee s reply the ld. AO had finally withdrawn the credit and raised the demand amount of Rs. 4,68,850/-. Aggrieved assessee filed an appeal before the ld. CIT(A). But the ld. CIT(A) upheld the order of the ld. AO. Being aggrieved assessee filed an appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d points to examine on the basis of work done by Appellant for the deductor, which has no relevance in the present case. The credit of such TDS has steady been claimed by some other person, hence, double credit cannot be given. The order of the AO required no interference and is upheld. Keeping in view of the above, the appeal of the appellant is dismissed, 6.1 The assessee filed the return alongwith the relevant documents for executing the contract with the party which enclosed in APB. The relevant payment is also reflected in the bank account. Only for filing of TDS return and withdrawing the credit, the ld. AO has acted beyond jurisdiction to execute the withdrawal of credit and reduced the refund u/s 154. We find that rectification ..... X X X X Extracts X X X X X X X X Extracts X X X X
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