9911796707
TMI Blog2024 (2) TMI 1147X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 26.09.2022 passed for the Assessment Year 2020-21. 2. The assessee has raised the following grounds of appeal:- "1. The Learned CIT(A) has erred in law and on facts of the appellant's case in disallowing credit of TDS amounting to 14,38,505/-, on erroneous plea that TDS credit is not reflected in Form 26AS. Both the lower authorities have erred in law and on the facts of the appellant's case in not appreciating the fact that the credit claimed is allowable U/s 199 of the Act. 2. The appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before hearing of the appeal." 3. We observe that the present appeal is time barred by 189 days. The assessee has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g total income at Rs. 5,72,97,190/-. The return was processed under Section 143(1) of the Act in which the CPC, apart from certain other adjustments, disallowed the credit of TDS amounting to Rs. 14,38,505/- on the ground that the TDS credit was not reflecting in Form 26AS. 5. The assessee filed appeal against the aforesaid intimation before Ld. CIT(A) and submitted that the assessee is engaged in the business of construction of factory and buildings, warehouses etc. on contract basis. The construction work sites are situated in various parts of India. The assessee filed return of income declaring total income of Rs. 5,72,97,190/-. The assessee submitted before Ld. CIT(A) that TDS amount of Rs. 14,38,505/- claimed by the assessee cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ges 21-23 of the Paper Book being invoices raised on the payer dated 04.06.2019, 24.05.2019 and 01.05.2019, in which the total TDS deducted by the payer was Rs. 14,38,505/-. Accordingly, the Counsel for the assessee submitted that clearly in the instant facts, the invoices had been raised by the assessee in the impugned assessment year i.e. A.Y. 2019-20. Consequently, the income against the aforesaid invoices have also been offered to tax by the assessee in A.Y. 2019-20. Further, the assessee drew our attention to Page 38 of the Paper book (computation of income) and submitted that the assessee has not claimed TDS credit for the sum of Rs. 14,38,505/- in the return of income filed for A.Y. 2013-14. The Counsel for the assessee submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vs. CIT 220 ITR 636 (Rajasthan), the High Court held that the credit for tax deducted at source should not be denied on the ground that the assessment year of the payer in which the deduction is made is different from that of the recipient. In the case of Ignitive Digitech (P.) Ltd. 154 taxmann.com 664 (Mumbai - Trib.), the ITAT held that in terms of Rule 37BA(3)(i) benefit of credit of TDS is to be given in assessment year for which corresponding income is assessable; therefore, where income, on which TDS was deducted was patently assessable in year under consideration, benefit of credit of TDS should also be allowed in same year i.e. year under consideration. In the case of Mahesh Software Systems (P.) Ltd. 154 taxmann.com 664 (Mumbai - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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