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2018 (9) TMI 950 - AT - Income TaxDisallowing the claim of TDS where the income against which was offered to tax in financial year 2008-09 - Held that:- Hon’ble High Court of Punjab & Haryana in CIT Vs. Abbott Agency (2013 (10) TMI 1173 - PUNJAB AND HARYANA HIGH COURT) while interpreting provisions of the Act held that where the payee had shown the amounts received in its accounts books for the relevant assessment years and where the said payee proves that TDS certificate, issued late, pertained to receipts reflected in the accounts books of earlier years, then the assessee is entitled to claim the benefit of tax deducted at source in the succeeding year, where the TDS certificates were issued late. Applying the said principle to the facts of the present case, we hold that the assessee having offered the income in assessment year 2009-10, is entitled to claim the benefit of tax deducted at source out of such receipts in assessment year 2010-11, since the TDS amount was booked by the deductor in the said year and not in the preceding year. Accordingly, we direct the Assessing Officer to allow the benefit to the assessee. - Decided in favour of assessee Addition of an amount received as advance - assessee having booked the receipts in the succeeding years, can the same amount be added in the hands of assessee - Held that:- The assessee had claimed that it had received sum of ₹ 9,73,000/- as advance from Spicer India Ltd, which was kept as advance and the same was offered to tax in assessment year 2011-12. TDS was deducted out of such amount but the assessee had not claimed the benefit of TDS either in assessment year 2010-11 or 2011-12. The sale bills have been booked in assessment year 2011-12 and the assessee has also filed on record the copy of account of Spicer India Ltd. for the year under appeal and the same very clearly reflects that the receipts from the said parties. Where the assessee not even has claimed the benefit of TDS for the year under consideration, there is no merit in the orders of authorities below in treating the advance received against the project by the assessee from M/s. Spicer India Ltd., as receipt of the current year. Reversing the order of CIT(A), we delete the addition - Assessee appeal allowed.
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