TMI Blog2023 (4) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... CA Ms. Renu Suri , CA For the Respondent : Shri Anuj Garg , Sr. DR ORDER PER KUL BHARAT , JM : The present appeal filed by the assessee for the assessment year 2019- 20 is directed against the order of Ld. CIT(A), National Faceless Appeal Centre ( NFAC ), Delhi dated 21.06.2022. The assessee has raised following grounds of appeal:- 1. That the order is bad in law and fact of the case. 2. That in view of the matter, action of Ld. CIT(A) in confirming the disallowance made by CPC and further making addition of Rs. 16,34,060/- on account of employee's contribution to ESI and EPF is not sustainable on various legal and factual ground. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in taking a view that amendment in section 36(1)(va) of the Act is retrospective in nature. 4. That Ld. CIT(A) has erred in confirming the action of CPC by not allowing the claim of brought forward TDS of Rs.9,94,719/- as per Section 199 read with rule 37BA though the related income is properly declared in the Income Tax Return and was also appearing in previous Form 26AS of that earlier Assessment Year. 2. At the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant has duly reported the TDS, in both years return of income, in accordance with section 199 read with rule 37BA of the Income Tax Act, 1961. So, the appellant filed the rectification under section 154 of the Income Tax Act, 1961 against the intimation order under section 143(1) of the Income Tax Act, 196f. But CPC again rejected the claim of the appellant and passed the rectification order (copy enclosed). Extract of Section 199 of Income Tax Act, 1961- Credit for Tax Deducted at Source (TDS) (1) Any deduction made in accordance with the foregoing provisions of this Chapter and paid to the Central Government shall be treated as a payment of tax on behalf of the person from whose income the deduction was made, or of the owner of the security, or of the depositor or of the owner of property or of the unit-holder, or of the shareholder, as the case may be. (2) Any sum referred to in sub-section (1A) of section 192 and paid to the Central Government shall be treated as the tax paid on behalf of the person in respect of whose income such payment of tax has been made. (3) The Board may, for the purposes of giving credit in respect of tax deducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E MUMC22261B 3,82,366 3,22,791 59,575 59,575 29,78,742 5. J Kumar Infraprojects Limited MUMJ10056E 6,82,899 6,42,900 39,999 39,999 19,99,974 6. DLF CYYBER CITY Developers Limited RTKD04868D 3,48,905 2,93,557 55,348 55,348 27,67,389 Total 49,92,751 39,98,032 9,94,719 9,94,719 4,97,35,943 The above transactions have duly been incorporated in AY 2018-19 income tax return and is also appearing in Form 26AS of AY 2018- 19. Therefore, claim of brought forward TDS by the appellant in income tax return for AY 2019-20 cannot be denied mere on the ground that it is not appearing the Form 26AS of AY 2019-20 as appellant has duly take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) Income related to the brought forward TDS recognized during the current AY 4,97,35,943 9,94,719 (ii) TDS not deposited by the deductor but claimed in ITR 3,91,39,756 7,82,892 (i+ii) 8,88,75,701 17,77,611 Note:-Brought forward TDS of Rs.40,000/- is further carried forward to AY 2020-21 from last year (i.e. AY 2018-19) AY 2018-19 Reconciliation Particulars Amount Related TDS Income as per Financials Income actually shown in Current AY ITR 44,58,03,844 Less: Income on which no TDS deducted 4,90,93,212 (A) Income on which TDS deducted 39,67,10,632 79 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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