TMI Blog2021 (10) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... ence is rendered infructuous and the same is dismissed as such. - ITA No.1249/Bang/2016 - - - Dated:- 21-10-2021 - Shri George George K, JM And Shri B.R.Baskaran, AM For the Appellant : Sri.Amrit Raj Singh, JCIT-DR For the Respondent : Sri.Percy Pardiwalla, Sr.Advocate ORDER PER GEORGE GEORGE K, JM This appeal at the instance of the Revenue is directed against CIT(A) s order dated 13.04.2016. The CIT(A) s order arises out of the A.O. s order dated 28.03.2014 passed u/s 154 of the I.T.Act. The relevant assessment year is 2006- 2007. 2. The grounds raised read as follows:- 1. The order of CIT(A) has erred in directing the AO to grant TDS credit which was restricted while passing order u/s 154 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pinion. The Assessing Officer, however, rejected the objections raised by the assessee and passed an order of rectification u/s 154 of the I.T.Act (order dated 28.03.2014) wherein the TDS credit was restricted to ₹ 9,59,95,058. 4. Aggrieved, the assessee preferred an appeal to the first appellate authority. The CIT(A) allowed the appeal of the assessee. The CIT(A) held that the A.O. has erred in making rectification since it is not a mistake apparent from record. The relevant finding of the CIT(A) reads as follows:- 5.2 I have considered the submission of the Appellant and the order of the AO. Section 154 of the Act provide for rectification of mistake apparent from the records. I agree with the submission of the Appellant and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) s order. It was submitted that in the assessment order completed u/s 143(3) of the I.T.Act (order dated 11.12.2009), the Assessing Officer had restricted the TDS credit to ₹ 11,96,28,156. As against the restriction of the TDS credit, the assessee filed rectification application u/s 154 of the I.T.Act and on rejection of the same, the assessee filed appeal to the CIT(A). The CIT(A) vide order dated 05.12.2018 had restored the issue to A.O. for determination of the correct TDS credit for the relevant assessment year. The A.O. vide order dated 25.10.2019 had given effect to the CIT(A) s order dated 05.12.2018, wherein the A.O. has granted TDS credit to the extent of ₹ 13,11,93,339. Therefore, it was submitted that the Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
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