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TMI Blog2024 (9) TMI 971X X X X Extracts X X X X X X X X Extracts X X X X ..... s not been given on the ground of either a certificate having not been furnished or filed, but which is subsequently presented before the AO, the same would be sufficient for the assessment order being amended. Section 155(14) thus places the AO under a statutory obligation to amend the order of assessment once it is established that the contingencies alluded to in that provision are duly established. Sub-section (14) neither contemplates nor mandates the original return being amended or revised. That provision essentially takes care of contingencies where TDS is either subsequently credited or comes to be reflected in Form 26AS after a time lag. An assessee may face such a spectre on account of a variety of unforeseeable reasons. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income Tax (International Taxation)-2 and which has proceeded to dismiss an application under Section 264 of the Income Tax Act, 1961 [Act] preferred by the writ petitioner. In terms of the order impugned, the petitioner has been denied the credit of tax which had been deducted at source by Bajaj Allianz Life Insurance Company Limited [BALIC] in Assessment Year [AO] 2015-16. 2. The Commissioner has taken the view that since the income received from BALIC had never been offered to tax, the petitioner would not be entitled to the grant of Tax Deducted at Source [TDS] credit. It has alternatively observed that although it would have been open for the petitioner to revise its Return of Income by offering the earnings received from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... embedded on account of the said amount having by then being captured in Form 26AS and which amount had remained unclaimed in AY 2015-16. 7. The return for AY 2015-16 was duly accepted by the jurisdictional Assessing Officer [AO] while passing an assessment order under Section 143 (3) on 21 December 2017. Although the subsequent return for AY 2016-17 came to be processed in accordance with Section 143 (1) and due intimation thereof sent to the petitioner on 28 March 2018, it was denied TDS credit of the sum aforenoted. 8. This led to the writ petitioner filing an online rectification application. The Centralized Processing Centre [CPC] , Bangalore apprised the petitioner on 21 June 2018 that the said application could not be considered by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the same being duly reflected in Form 26AS. 12. The Commissioner, however, and despite the aforenoted undisputed facts, takes the position that since the income received from BALIC was never offered to tax, the petitioner is not entitled to be accorded credit of the TDS which was deposited. The view taken in this respect is clearly misconceived since it ignores the fact that the petitioner had consistently asserted that the income received from BALIC would not be taxable in India by virtue of Section 90 of the Act. The Commissioner also fails to bear in consideration the indubitable fact that the return of the petitioner for AY 2015-16 was duly processed under Section 143 (3) with no additions being suggested. The position as taken by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the end of the assessment year in which such income is assessable, the Assessing Officer shall amend the order of assessment or any intimation or deemed intimation under sub-section (1) of section 143, as the case may be, and the provisions of section 154 shall, so far as may be, apply thereto: Provided that nothing contained in this sub-section shall apply unless the income from which the tax has been deducted [or income on which the tax has been collected] has been disclosed in the return of income filed by the assessee for the relevant assessment year. 15. As is manifest from the above, the statute prescribes that where credit for tax has not been given on the ground of either a certificate having not been furnished or filed, but whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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