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TMI Blog2024 (12) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... or statistical purpose. - Smt Beena Pillai, Judicial Member And Shri Prabash Shankar, Accountant Member For the Assessee : Shri Ajay R. Singh/Akshay Pawar For the Revenue : Shri R. R. Makwana (SR. D.R.) ORDER PER BEENA PILLAI, JM: Present penalty appeal is filed by the assessee against order dated 30/07/2024 passed by Ld.CIT(A) for Assessment Year 2016-17 on following grounds of appeal: 1) On the facts and in the circumstances of the case and in law, the Id. C.I.T. (Appeals) NFAC, [C.IL.T.(A)] erred in upholding the Order Dt. 18-06-2018 passed u/s 154 by Dy. Com. of Income Tax, CPC rejecting Application U/s 154 Dt. 04- 04-2018 for the reasons cited therein. 2) On the facts and circumstances of the case and in law, the Id C.L.T.(A) erred i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.1. The assessee filed his return as per Form 16 and also stated therein that, there is mismatch of TDS. It was submitted that, KPMG filed its returns in Form 24-Q and issued Certificate in Form 16 on 25-05-2016, reflecting the taxable salary of assessee at Rs. 76,01,315/- on which tax of Rs. 24,62,386/- was deducted. The said TDS was reflected in Form 26-AS on 02-06-2016 that was downloaded from TRACES. 2.2. The assessee accordingly filed his Return of Income on 22-02-2017 declaring total income of Rs. 1,47,76,346/- including salary of Rs. 76,01,315/- earned from KPMG and claimed credit for TDS of Rs. 24,62,386/- as stated in Form 16. Subsequently, KPMG filed correction statement (Revised Return) according to which the figure of gross sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide his email Dt. 09-01-2018 also forwarded a copy of the said directions to DCIT-TDS, Gurgaon with a request to look into the matter and do the needful as to correct Form 26AS as to TDS amount. Pursuant to notice issued by CIT-TDS, KPMG issued Revised Form 16 Dt. 20-02-2018 according to which the amount of Salary was revised downward to Rs. 51,01,350/- and corresponding TDS thereon was reckoned at a reduced amount of Rs. 16,04,348/- as reflected by Form 26-AS. 2.7. The assessee then filed another application for Rectification U/s 154 on 04-04-2018 with CPC revising therein Income from Salaries at Rs. 51,01,350/- as per Revised Form 16 issued by KPMG and claimed TDS thereon at Rs. 16,04,348/- as reflected by Revised Form 16 as also Revised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 961. In ground no. 2 appellant has raised the issue that AO has erred in not granting credit for TDS as claimed in the original return of income. 4.1. I have gone through the facts of the case and have the following observations: The appellant e-filed his return of income for A.Y. 2016-17 on 22.02.2017 declaring total income at Rs. 1,47,76,346/- including Salary of Rs. 76,01,3015/- earned from KPMG Advisory Services Pvt Ltd and also claimed TDS of Rs. 24,62,386/- as per information received from his employer i.e. KPMG. The return of income was processed by the CPC u/s 143(1) of the Act on 25.08.2017 accepting income as returned by the appellant at Rs. 1,44,32,360/- however claim of TDS was restricted to Rs. 16,04,348/- in place of Rs. 24,62 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 54 of the Income-tax Act, 1961 that income should be recalculated and reduced for the year under consideration in accordance with changes made in Form No.16 by the employer. However, the claim of appellant made in rectification application has been rejected by the CPC for the reasons that Tax has been computed correctly on the income returned by the assessee. Fresh claim for change of income is not allowable u/s 154 as the same is not a mistake apparent from record. Any such change can be made only under the provisions of section 139(5) of the Income Tax Act, hence rectification request cannot be considered at CPC . Having taken a note of all, I find that AO CPC has duly considered the contention of the appellant and has rightly rejected th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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