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2016 (8) TMI 1575 - ITAT KOLKATARectification u/s 154 - credit for TDS - whether the credit for TDS was available for AY 2004-05 or 2005-06 was a debatable issue? - HELD THAT:- As submitted that even though the TDS amount in question was pertaining to the commission income accrued to the assessee in financial year 2003-04 relevant to assessment year 2004-05 as mentioned in the relevant TDS certificate, the said commission income was actually offered by the assessee in the year under consideration, i.e. AY 2005-06 on receipt basis and the assessee, therefore, was entitled to claim credit for the same in AY 2005-06. In support of this contention, he has relied, inter alia, on the Third Member decision of Chandigarh Bench of this ITAT in the case of Shri Pardeep Kumar Dhir [2007 (4) TMI 294 - ITAT CHANDIGARH-B] - In the said case, the issue referred to Third member under section 255(4) was whether the credit for the tax deducted at source in the previous year is to be allowed in the assessment year relevant to the year in which deduction has been made or in the year in which the income is assessable to tax. It is thus clear that the similar issue as involved in the present case was referred to Third Member in the case of Shri Pardeep Kumar Dhir (supra) as there was a difference of opinion between the two Members of the Division Bench of the Tribunal on this issue and the fact that there was such a difference of opinion between the two Members of the Tribunal is sufficient to show that this issue was highly debatable on which two opinions were possible. Therefore, find myself in agreement with the CIT(Appeals) that the rectification on such debatable issue as sought by the assessee by way of application for rectification was beyond the scope of section 154. The impugned order of the id. CIT(Appeals) on this issue is, therefore, upheld dismissing the appeal of the assessee.
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