9911796707
TMI Blog2023 (3) TMI 1514X X X X Extracts X X X X X X X X Extracts X X X X ..... diction. This fact is emanating from record produced before us and there is no challenge to this fact by the department also. In view of this Ground Nos. 1 2 raised by the assessee is allowed. Short grant of T.D.S. - If assessee is able to prove that amount under consideration has been deducted and corresponding income has been considered while filing the return of income, claim of the assessee should be allowed despite the fact whether the same has been reflected in Form No. 26AS or not. With this observation this ground of appeal of the assessee is partly allowed for statistical purposes. Charging of interest u/s. 234B - This ground is consequential in nature and based on the outcome of other substantial grounds adjudicated above, hence n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant Director of Income Tax, CPC ( AO ) and CIT(A) has: General 1. erred in confirming the action of Ld. AO in computing total income of the Appellant at Rs. 23,76,78,649 as against income of Rs. 23,75,07,010 offered to tax by the Appellant in Revised Return of Income for the subject assessment year; Non grant of sufficient opportunity of being heard 2. erred in not issuing show cause notice before issuing Intimation under Section 143(1) of the Act and thereby not granting sufficient opportunity of being heard to the Appellant leading to violation of the principles of natural justice; Addition with respect to Employee's Contribution to Provident Fund ( PF ) under Section 36(1) (va) of the Act of Rs. 1,71,639 3. erred in upholding additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 5,02,244 instead ofRs. 92,712 computed in the Revised Return of Income: The Appellant craves leave to add, alter, vary, omit, substitute or amend the above grounds of appeal, at any time before or at, the time of hearing of the appeal, so as to enable the Learned Hon'ble ITAT to decide this appeal according to law. 2. Brief facts of the case are that assessee filed its return of income on 08.02.2021 declaring total income of Rs. 23,75,07,010/- and claiming refund of Rs. 17,28,702/-. Subsequently, the assessee filed revised return on 26.03.2021 declaring total income of Rs. 23,75,07,010/- and claiming refund of Rs. 17,43,433/-. Return of the assessee was processed u/s. 143(1) at total income of Rs. 23,76,78,649/- with a demand of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is allowed in consequence to our finding at Para 4(supra) as CPC, Bangalore can t make any adjustment in the returned income without following the procedure laid down in section 143(1) and the same has not been followed. In view of this disallowance made by CPC, Bangalore is deleted on violation of procedure laid down in section 143(1) and Ground Nos. 3, 4 and 5 are allowed for statistical purposes. 6. Ground No. 6 pertains to short grant of T.D.S. by CPC. Assessee claimed T.D.S. Credit of Rs. 4,08,51,036/-, against this CPC in its intimation allowed T.D.S. Claim of Rs. 3,57,77,230/-. On this issue we have gone through the order of Ld. CIT(A) and submissions of the assessee and found that Form No. 26AS generated on 3.12.2021 was Rs. 3,94,31 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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