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TMI Blog2021 (7) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... udicating the case of the appellant on merits. 3. The assessee has also filed following additional grounds read as under:- 1:0 Re.: Short credit for tax deducted at source amounting to Rs. 86,38,553/-: 1:1 The Assessing Officer has erred in not granting (short) credit for tax deducted at source to the extent of Rs. 86,38,553/-. 1:2 The Appellant submits that considering the facts and circumstances of its case and the law prevailing on the subject it is entitled to a total tax credit of Rs. 2,66,51,427/- being the total tax deducted at source as against Rs. 1,80,12,874/- granted by the Assessing Officer and the Commissioner of Income-tax (Appeals) ought to have held as such. 1:3 The Appellant submits that it ought to be granted cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 1,94,83,538 is deducted and the same is claimed as credit by the assessee. He noted that the assessee has relied on the following case laws to contend that mobilisation advance is in the nature of loan for execution of the contract and it cannot be regarded as income received in advance. Delhi Tribunal in the case of Five Star Construction P. Ltd. v. of Income tax - ITA No. 1861/Del/2011 dated 2 November 2012; Punjab and Haryana High Court decision in the case of Hindustan instruction Company Limited v. State of Haryana and Others - 109 STC 660. Further, the assessee has relied on the following judicial precedents to contend that even though the assessee had not offered to tax the amount of income in his return of income, the credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... books of accounts. After considering the facts and circumstanced of the case and going through the account of the assessee it is observed that the assessee has disclosed the amount of Rs. 57.86 as a contractual revenue which is forming part of the account of the assessee 10. Accordingly, the total TDS credit of Rs. 1,80,12,874 (1,08,44,985 + 5,70,814 + 65,97,075) is granted to the assessee based on the revenue recognised by the assessee during the financial year 2010-11 relevant to the assessment year 2011-12. 11. Further, the assessee has raised contention that the balance amount of TDS, not allowed in the assessment years 2010-11 and 2011-12 should be allowed to the assessee in the subsequent assessment "years in proportion to the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal for non-granting of credit for TDS on mobilization advanced, remain to be filed. 4.2. The appellant was given opportunity to substantiate why condonation of delay should not be denied. The appellant furnished submissions which were a repetition of the submissions made in the appeal memo. It was also stated that vide rectification order dated 14.10.2014, the AO withdrew the excess TDS granted, pursuant to order passed u/s. 143(3) of the IT Act. On the advice of the counsel, in connection with the appeal of the assessee before the Hon'ble ITAT for AY 2010-11, wherein also identical issues are arisen, the appellant was advised to file appeal against the order passed u/s. 143(3) of the IT Act It was contended that delay should be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .03.2014, AO has not allowed full TDS credit. However, subsequently vide rectification order dated 14.10.2014, AO further withdrew the TDS credit allowed. The Assessee pleaded before the Ld.CIT(A) that assessee did not file appeal before him against order dated 24.03.2014. But, after rectification order dated 14.10.2014 where AO withdrew further, the TDS credit, the assessee was advised to file appeal as similar matter was also in dispute for AY 2010-11 before ITAT. 9. The above reasonable cause for the delay 516 days was not accepted by Ld.CIT(A), who dismissed the appeal in limine, as he was of the opinion that assessee has consciously chosen not to file appeal against the order dated 24.03.2014. 10. In our considered opinion, the infer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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