TMI Blog2020 (9) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... o have been crystallized due to efflux of time. By condoning the delay, the highest that would happen is that a cause could be decided on merits, which would go in the interest of justice. Delay in preferring the appeal could have been condoned. We, therefore, find it difficult to sustain the impugned order of the Ld. CIT(A). Disallowance of credit of TDS under intimation under section 143(1 ) - no reasons are assigned for a disallowance - HELD THAT:- For want of reasons by way of speaking order, not only the assessee does not know the reason for disallowance, but at the same time we are also unable to appreciate the legality otherwise of such an act of disallowance. It is only reasons that infuse life into the action of any public aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... articular year is recognized along with corresponding TDS; and that the balance amount is shown as Deferred Revenue on the liability side of the balance sheet. For the assessment year 2015-16 the appellant had carried forward the amount of ₹ 1,56,74,596/- of TDS which pertained to subsequent years and the TDS for the assessment year 2015-16 was not allowed. Assessee therefore filed an appeal before the Ld. CIT(A), since the TDS was not allowed as brought forward in the Income Tax Return of AY 2016-17. On receipt of intimation under section 143(1) of the I.T. Act for the assessment year 2016-17, the assessee did not realize the fact that the corresponding TDS brought forward from assessment year 2015-16 to the income of assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owance of the TDS had taken place. Ld. AR submitted that no opportunity was given to the assessee either before or after the process of the matter under section 143(1) of the Act and equally the assessee had no chance of agitating the merits of the case before the Ld. CIT(A) because of the refusal of the Ld. CIT(A) to condone the delay. In the circumstances, Ld. AR submitted that if the impugned orders are not quashed, the assessee would go without any remedy and a meritorious case be thrown out without affording an opportunity to the party who suffers. 5. Ld. DR supported the impugned order of the Ld. CIT(A) by adverting to the reasons recorded by him to refuse to condone the delay. He submitted that the process at the stage of intimati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... flux of time. By condoning the delay, the highest that would happen is that a cause could be decided on merits, which would go in the interest of justice. With this view of the matter, we are of the considered opinion that the delay in preferring the appeal could have been condoned. We, therefore, find it difficult to sustain the impugned order of the Ld. CIT(A). 7. Insofar as the grievance of the assessee, basing on the fact that no reasons are assigned for a disallowance of the TDS is concerned, having gone through the intimation under section 143(1) of the Act, we find that such an intimation does not contain any reasons for disallowing the credit of TDS. As a matter of fact, such intimation is only a matter of information generated i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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