TMI Blog2014 (1) TMI 862X X X X Extracts X X X X X X X X Extracts X X X X ..... ax credit claimed has been properly made and paid - Assessing Officer has also no way to verify whether the amalgamating company had claimed credit for such amount after filing a tax return – the assessee ought have moved Hon'ble jurisdictional High Court for effective directions in this regard for carrying out the scheme of amalgamation, to the logical conclusion - Assessee having not done that, cannot require the Assessing Officer to give credit for a sum which has not been proved by it as remitted to the Treasury by the deductors – As the matter requires a fresh look by the Assessing Officer the same is remitted back – Decided in favour of Assessee. - I.T.A. No. 2222/Mds/2012 - - - Dated:- 20-6-2013 - Shri Abraham P. George And Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, assessee moved DRP, it was not successful. 4. Before us, learned A.R. submitted that the issue stood covered by the decision of co-ordinate Bench of this Tribunal in assessee's own case in I.T.A. Nos.1489 1490/Mds/2010 for assessment years 2005-06 and 2006-07. Reliance was also placed on the decision of Special Bench in the case of Scientific Atlanta India Technology (P) Ltd. vs. ACIT, 129 TTJ 273 and that of Hon'ble Karnataka High Court in the case of CIT v. Yokogawa India Ltd. and Others (2011) 246 CTR 226. 5. Per contra, learned D.R. supported the orders of authorities below. 6. We have perused the orders and heard the rival submissions. It was held by the co-ordinate Bench of this Tribunal, on a similar issue raised by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clusion. This issue is decided against the Revenue." Thus, in our opinion, assessee is eligible to claim deduction under Section 10A without setting of losses suffered by other units and there is nothing that stops the assessee from claiming set off on the balance profits which remained after the claim of deduction. Finally, what can be assessed is only the total income. 7. Ground Nos.2 and 3 of the assessee stand allowed. 8. Vide its ground No.4, grievance raised by the assessee is that credit for deduction of tax at source, available to the amalgamating company, was not given to it. 9. Facts apropos are that one M/s Office Tiger Database Systems India Private Limited amalgamated with assessee-company, earlier known as Astron Documen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit for whole of the sum of Rs. 63,32,269/- had to be given. 11. Per contra, learned D.R., strongly supporting the orders of authorities below, submitted that unless and until the TDS deducted was uploaded in the Department's server by the concerned deductors, credit thereof could not be given to the assessee. 12. We have perused the orders and heard the rival submissions. It is not disputed that assessee had claimed TDS credit of Rs. 63,32,269/-, out of which, Rs. 22,52,570/- pertained to M/s Office Tiger Database Systems India Private Limited, which merged with assessee-company. It is also not disputed that such scheme of amalgamation had the approval of Hon'ble jurisdictional High Court vide its order dated 23rd July, 2007 in Comp. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght have moved Hon'ble jurisdictional High Court for effective directions in this regard for carrying out the scheme of amalgamation, to the logical conclusion. Assessee having not done that, cannot require the Assessing Officer to give credit for a sum which has not been proved by it as remitted to the Treasury by the deductors. Nevertheless, in the interest of justice, we are of the opinion that the matter requires a fresh look by the Assessing Officer. Assessee shall move the appropriate authorities and get directions in this regard and also produce evidence before the Assessing Officer that tax deducted by the amalgamating company stood duly remitted to the Treasury. Assessing Officer shall proceed in accordance with law. 13. Ground N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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