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D.C.I.T. Circle-7 Kolkata Versus M/s. East India Business Centre (P) Ltd. Kolkata

Credit of TDS without filing revised return after assessment - rectification u/s 154 - Held that:- CIT(A) was right in accepting the revised claim regarding grant of credit for TDS. This was a process of determination of correct tax liability of an Assessee and therefore the first appellate authority was fully justified in directing the AO to give credit to TDS on the basis of fresh claim in an application u/s.154 of the Act, supported by TDS certificate. We find no grounds to interfere with the .....

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f the decision of the Hon ble Apex Court in the case of Goetz India Vs. CIT 284 ITR 323 (SC). (b) That the appellant craves leave to add, delete, alter, modify or take new grounds of appeal. 3. The Assessee is a company engaged in the business of establishing, operating, managing and controlling and dealing with fully and partly furnished commercial accommodation, cyber cafes etc. During the AY 2008-09, the Assessee filed its original return of income on 30 September 2008 decalring total loss at .....

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008-09 : Name of the Deductor TDS (Rs..) Motorola India Private Ltd. 2,223,540 Aditya Birla Retail Ltd. 480,160 AON Global Insurance Services Pvt. Ltd. 23,452 817 Control Component India Pvt. Ltd. 39,469 DP World Pvt. Ltd. 94,423 Feedback Ventures Pvt. Ltd. 195,796 4,303 Futuresoft Training Pvt. Ltd. 31,844 1,897 Mitsuit O.S.K.Line (India)Pvt. Ltd. 77,431 43,414 3,724 Total 3,220,270 In view of the above, the Assessee filed a pettion under section 154 requesting the AO to grant credit to the Ass .....

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ginal TDS certificates and indemnity bond filed in support of its claim. The Assessee was aggrieved by the aforesaid denial of claim and filed appeal before CIT(A). 6. Before CIT(A), the Assessee, apart from reiterating the stand taken before the AO, also placed reliance on the following decisions, wherein it was laid down that claim for TDS credit can be made without filing a revised return of income. 1. Alpa Laboratories Ltd. vs ACIT [ITA 30/Ind/2012 (Indore)] 2. ITO vs Justice Rajiv Shakdher .....

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not claimed the same in the Return of Income. The appellant on the other hand has argued that the TDS certificates were received after the ROI was filed and has also supported its argument on the basis of certain judicial precedents. . 5.2 In the written submissions filed during the course of the hearings, the appellant has made available party wise details of the withholding certificates amounting to ₹ 32,20,270/-. From the written submissions filed it is observed :hat the appellant had a .....

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ing such claim the judicial authorities we given directions to the AO to verify the claim and also to verify whether the receipts to which the certificates have been offered to tax in the said year or not. 5.4 Accordingly, based on the above facts including the judicial precedents, I direct the AO to verify the claim of the TDS and allow the credit if found in order and if the underlying income has been offered to tax in the AY 2008-09. Ground Nos 1 & 2 are, therefore, disposed of accordingl .....

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Hon ble Supreme Court in the case of Goetz India Ltd. 157 Taxmann 1 (SC) wherein it was held that the AO has not power to entertain any claim by an Assessee which is not supported by a revised return of income. 9. In the case of Chicago Pneumatic India Ltd. vs. DCIT 15 SOT 252 (2007) (ITAT) (Del). The Delhi ITAT, in the context of allow ability of new claims during the assessment proceedings without having recourse to a revised return, has, placing reliance on principle embedded in Article 265 .....

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#39;ble Apex Court in the case of Goetze (India) Ltd. (supra) is concerned, there is no dispute that the same is binding on everybody concerned. In the said decision, the Hon'ble Apex Court has also ruled that Appellate Tribunal may adjudicate the issue if a claim is made by any party subject to satisfaction of prescribed rules, hence, even the Hon'ble Apex Court has not barred the assessee raise it's legal claim before Appellate Authorities. However, such process would result into u .....

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as stated earlier, CEDT is the Apex body for tax administration and it can also issue directions which are for the benefit of the assessee's though such directions may not be inconsonance with the provisions of law, hence, if a circular is now issued directing the assessing authorities to grant reliefs/refunds while completing the assessment proceedings, even though such circular may be at variance with the law, as pronounced by the Hon'ble Supreme Court, but the same would be binding o .....

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ing pointed out by the assessee in the course of assessment proceedings for which assessee has not filed revised return, although, as per law, the assessee is required to file the revised return ..... " 10. Further, in the case CIT vs Ramco International 221 CTR 491 (2008) HC (P&H) wherein the Punjab and Haryana High Court, distinguished the judgement of Goetze allowed the claim of the Assessee which was made in course of the assessment proceedings and not by filing revised return. 11. .....

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