9911796707
TMI Blog2022 (11) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') vide order dated 20.12.2016. 2. Grounds of appeal raised by the assessee are as follows: "1. On the facts and circumstances of the case, the learned Commissioner of Income tax (Appeals) has erred in confirming addition made by the Assessing Officer passed u/s 154 passed on 25.02.2020. 2. On the facts and circumstances of the case, the learned Commissioner of Income tax (Appeal) has erred in not allowing credit of Rs.60000/- in respect of property TDS carried over from AY 2015-16. 3. On the facts and circumstances of the case, the learned Commissioner of Income tax (appeal) has erred in not appreciating that TDS of Rs.60000/- was deducted in assessment year 2015-16 tow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n deducted and the same was reflected in 26AS but full consideration was not received hence advance was not liable to be taxed and also TDS against that advance was not claimed but c/f to next year, therefore no any addition should be made in the hands of the assessee. 7.However, Ld. Sr. DR for the Revenue submitted that Ld. NFAC/Ld. CIT(A) has discussed all the facts of the assessee's case and did not find any merit in the assessee's case. Hence, Ld. NFAC/Ld. CIT(A) confirmed the addition made by the Assessing Officer after taking into account the submission made by assessee. Therefore there is no error in the findings of Ld. NFAC/Ld. CIT(A). 8. We have heard both the parties and perused the material available on record. We note that Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee in financial year 2015-16, then TDS credit should be allowed to the assessee. Therefore, we remit the issue back to the file of Assessing Officer with a direction to examine the facts as narrated by us above and if the same is found as correct the Assessing officer should allow the benefit of TDS in accordance with law. The assessee is directed to co-operate in assessment proceeding, as and when called by Assessing Officer, he should file the relevant details and documents to prove his claim. This ground of assessee's appeal is allowed for statistical purposes in above terms. 10. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 22/11/2022 by placing the result on the notice boa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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