9911796707
TMI Blog2024 (10) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the assessee can file appeal against the order u/s 143(1) of the Act, but not against the order passed u/s 154 - On the other hand, the Ld. CIT(A) has not gone into the merit of the case of the assessee. It is well settled law that as per section 143(1) CPC has no power to reduce the claim of TDS under the provisions of section 143(1) of the Act. On the contrary, it is the duty of the CPC to give due credit of TDS reflected in Form No.26AS of the assessee. Thus, in our considered opinion, the CPC as well as the Ld. CIT(A) have committed error in not allowing the TDS Credit to the assessee. We direct the CPC to give due credit of TDS as reflected in Form No.26AS of the assessee. Appeal of the assessee is partly allowed for statistical pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applying provisions of Rule 37BA of Income Tax Rules as against TDS claim of Rs. 86,005/- 4) That the Appellant craves leave to add, alter or amend any of the grounds of appeal on or before the date of hearing of appeal. 5) that the Appellant prays that the appeal may kindly be allowed. 3. The brief facts of the case are that the assessee filed his return of income for Assessment Year 2022-23 on 27/07/2022 declaring a total income of Rs. 4,50,670/- claiming TDS to a sum of Rs. 86,005/-. The CPC processed the return u/s 143(1) of the Income Tax Act, 1961 ( the Act for short) on 17/02/2023 by allowing TDS credit of Rs. 40,602/-by applying provisions of Rule 37BA instead of Rs. 86,005/- as claimed by the appellant. Thereafter, the appellant fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appeal. 7. We have heard the parties and perused the materials available on record. The assessee claimed to have TDS of Rs. 86,005/- in Income Tax Return as reflected inform No.26AS of the assessee. The CPC, Bengaluru while processing the return u/s 143(1) granted credit of Rs. 40,602/- only by applying provisions of Rule 37AB of Income Tax Rules as against the claim of Rs. 86,005/- of the assessee. The only reason assigned by the Ld. CIT(A) for dismissing the appeal that the assessee can file appeal against the order u/s 143(1) of the Act, but not against the order passed u/s 154 of the Act. On the other hand, the Ld. CIT(A) has not gone into the merit of the case of the assessee. It is well settled law that as per section 143(1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
