TMI Blog2014 (4) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... im of TDS credit - The provisions of section 155(14) of the Act are not applicable which is related to AY 2001-02 - the assessee company requested to allow additional credit of various TDS certificates which were not claimed while filing the return of income and this request made u/s 154 of the Act was rejected by the AO by holding that the assessee has not claimed the TDS certificate while filing of return which is not a proper and justified approach - claim of the assessee in regard to credit of additional TDS certificates is remitted back to the AO for verification and examination – Decided in favour of Assessee. - I.T.A. No. 4581/Del/2013 - - - Dated:- 17-4-2014 - Shri G. D. Agrawal And Shri Chandra Mohan Garg,JJ. For the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of income. 2.1 That in doing so, the learned Commissioner of Income Tax (Appeals) ignored the basic fact that provisions of section 155 (14) of the Act, are per se inapplicable for the impugned assessment year, as the said section was brought into statute books by Finance Act 2002, i.e. for A Y 2002 03 and onwards and thus, the reliance placed by learned commissioner of Income Tax (Appeals) on the provisions of section 155 (14) of the Act, is wholly misconceived and misplaced in law and thus, the credit of the TDS amounting to Rs. 11,38,821/- should have been given to the appellant company. 3. That the learned Commissioner of Income Tax (Appeals) grossly erred in law and on facts in giving preference to technical considerations over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecord, it is found that the contention in respect of short TDS and wrong calculation of tax is correct since mistake apparent from the record was rectified. But the Assessing Officer denied credit of the additional TDS certificates by holding that since the assessee had not claimed the TDS certificates while filing a return, therefore, the same was not acceptable. 5. Being aggrieved by the above order dated 06.12.2010, the assessee preferred an appeal before the Commissioner of Income Tax(A) which was also disallowed with following observations and findings: 5. I have gone through the impugned order and the written submissions of the AR. 6. The assessee company has filed its Income Tax Return for the AY 2001-02 on 31.01.2001 vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... round that the certificate furnished under section 203 29 [or section 206C] was not filed with the return and subsequently such certificate is produced before the Assessing Officer within two years from the end of the assessment year in which such income is assessable, the Assessing Officer shall amend the order of assessment or any intimation or deemed intimation under sub-section (1) of section 143, as the case may be, and the provisions of section 154 shall, so far as may be, apply thereto. 7. The AR has fairly admitted that there was no mention of the TDS claim in respect of TDS certificates for Rs.11,38.821/- n question. On careful consideration of the provisions of the S.155(14), the credit for TDS can be given only if there is cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income Tax(A) ignored the basic fact that the assessee company claimed credit of tax deducted at source which were duly deducted by the deductors prior to filing of return of income but the same was claimed by the appellant company when such TDS certificates were actually received by the assessee i.e. subsequent to the filing of return of income and, therefore, the tax was actually deducted and as such credit of TDS should have been given to the assessee instead of going into hyper technical approach. 9. Since by first part of this order, we have held that the provisions of section 155(14) of the Act are not applicable to the present case which is related to AY 2001-02, undisputedly the assessee company requested to allow additional ..... X X X X Extracts X X X X X X X X Extracts X X X X
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