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2019 (12) TMI 152

..... y when the assessee received the cheque towards the income tax refund, there was apparent inconsistency between the order passed u/s 154 and the processing of the income tax refund wherein the assessee was not granted credit for the TDS which was directed to be allowed by the AO while passing the order u/s 154. Where the Department has accepted the claim of the assessee towards short credit of TDS, it should have suo-moto carried out the rectification and no cause of action lies with the assessee firm. Having said that, where the assessee feeling aggrieved has moved an appeal before the CIT(A), no doubt the order under appeal is order passed by the AO u/s 154 and the appeal should normally be filed within thirty days of receipt of the order .....

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..... source amounting to ₹ 1,23,596/- 2. The ld. AR submitted that the assessee is a firm of Chartered Accountants and it follows cash basis of accounting and the professional fees received during the year is booked as income and credit of TDS is taken corresponding to income offered to tax and the remaining TDS credit is carried forward to the next years. On perusal of the records, it was noticed that an amount of ₹ 11 lacs received from M/s K.C. India Ltd was booked under professional fees and duly offered to tax in the return of income. However due to an over site by the assessee, the corresponding credit of TDS amounting to ₹ 1,23,596/- was carried forward to subsequent year and the assessment proceedings were completed ac .....

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..... short credit of TDS of ₹ 1,23,596/-, the assessee moved an appeal before the ld. CIT(A) on 25.07.2018. It was submitted that the ld. CIT(A) has dismissed the appeal of the assessee holding that since the order u/s 154 was passed on 29.09.2017, there was delay in filing the appeal and therefore the appeal of the assessee was dismissed at admission stage. In this regard, it was submitted by the ld. AR that as far as the order passed by the AO u/s 154 is concerned, the assessee prayer was accepted by the AO. Therefore, there was no cause of action which lies with the assessee at that point in time in terms of moving any appeal before the ld. CIT(A). However, only when the assessee received the cheque of income tax refund pursuant the ord .....

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..... the income tax refund, there was apparent inconsistency between the order passed u/s 154 and the processing of the income tax refund wherein the assessee was not granted credit for the TDS which was directed to be allowed by the AO while passing the order u/s 154 of the Act. Therefore, where the Department has accepted the claim of the assessee towards short credit of TDS, it should have suo-moto carried out the rectification and no cause of action lies with the assessee firm. Having said that, where the assessee feeling aggrieved has moved an appeal before the ld CIT(A), no doubt the order under appeal is order passed by the AO u/s 154 and the appeal should normally be filed within thirty days of receipt of the order. However, in the insta .....

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