TMI Blog2018 (4) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... he TDS paid was liable to be refunded. No reason to interfere in the order of the Tribunal directing the Assessing Officer to allow the credit in respect of the TDS in question. - Decided against revenue. - ITA NO. 248/2016 - - - Dated:- 28-2-2018 - MR. DINESH MAHESHWARI, AND MR. S. SUNIL DUTT YADAV JJ. Appellants (By Sri K.V. Aravind, Advocate) Respondent (By Sri A Shankar Sri M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, such credit cannot be allowed when the corresponding receipt had not been offered to tax. The order so passed by the Assessing Officer was maintained by the Commissioner of Income Tax (Appeals)-I, Bangalore [ CIT(A) ] in appeal. However, in further appeal, the Tribunal has disapproved such disallowance of the credit for TDS, while following the judgment of this Court dated 17.10.2014 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le following the decision of this Court in ITA No.819/2007 relating to the assessee s own case for the Assessment Year 2002-20 03. In the decision aforesaid, after taking note of the facts of the case and on a conjoint reading of Sections 194C, 19 9 and 237 of the Act, this Court has held that when there was no liability to pay the tax, the TDS paid was liable to be refunded. This Court has poi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e offers to tax. If the amount of ₹ 29,98,50,937/- is a mobilization advance and not an income at all, the question of paying income tax would not arise. When the gross receipts of ₹ 7,32,14,128/- is offered and in that assessment year he has suffered loss, the question of paying any tax on the said amount also does not arise. He has passed an order for refund of ₹ 14,93,56 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as stated. Therefore, we do not see any justification to interfere with the orders passed. Hence, the appeal filed by the revenue is liable to be dismissed. (underlining supplied) The principles aforesaid directly apply to the Assessment Year in question also and we find no reason to interfere in the order of the Tribunal directing the Assessing Officer to allow the credit in r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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