Income Tax Appellate Tribunal - Kolkata
M/S. Anuvarat Exports & Imports Private ... vs Ito, Ward - 8(1), Kolkata , Kolkata on 20 November, 2018
ITA No. 1656/KOL/2018
Assessment Year: 2014-2015
M/s. Anuvarat Exports & Imports Private Limited
IN THE INCOME TAX APPELLATE TRIBUNAL,
KOLKATA 'A(SMC)' BENCH, KOLKATA
Before Shri P.M. Jagtap, Vice-President (KZ)
I.T .A. No. 1656/KOL/2018
Assessment Year: 2014-2015
M/s. Anuvrat Exports & Imports Private Limited,...........................Appellant
4, Ho Chi Minh Sarani, 2 n d Floor,
Suit No. 2F, Jeevan Deep,
Kolkata-700 071
[PAN: AACCA 5477 C]
-Vs.-
Income Tax Officer,............................................................................ ......Respondent
Ward-8 (1), Kolk ata,
Aayakar Bhawan,
P-7, Chowringhee Square,
Kolkata-700 069
Appearances by:
Shri Rajesh Duggar, A.R, fo r the Appellant
Smt. Ranu Biswas, Addl. CIT, D.R. , for the Respondent
Date of concluding th e hearing : November 20, 2018
Date of pronouncing the order : November 20, 2018
O R D E R
This appeal filed by the assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-3, Kolkata dated 24.05.2018 and the solitary ground raised therein by the assessee reads as under:-
"For that in view of facts and circumstances, ld. CIT(Appeals)-3 passed the order not good in the eye of law since contravening the provisions of section 250(1), 250(4) and 250(6) of the Income Tax Act manifest from the observation recorded "therefore the Assessing Officer is hereby directed to allow the credit of said TDS if any after due verification".
2. The assessee in the present case is a company, which filed its return of income for the year under consideration on 14.11.2013. The said return was processed by CPC, Bangalore under section 143(1) accepting the income as declared by the assessee. The credit for tax 1 ITA No. 1656/KOL/2018 Assessment Year: 2014-2015 M/s. Anuvarat Exports & Imports Private Limited deducted at source amounting to Rs.57,501/- as claimed by the assessee in the return of income, however, was not allowed and consequently a demand of Rs.62,710/- was raised against the assessee. The assessee moved an application under section 154 seeking rectification of mistake in the intimation issued under section 143(1) in not giving the credit on account of tax deducted at source and on rejection of the said application, he filed an appeal before the ld. CIT(Appeals). After considering the submissions made by the assessee before him, the ld. CIT(Appeals) decided the issue vide paragraph no. 3 of his appellate order dated 24.05.2018 as under:-
"The only issue in this case is short credit of TDS of Rs.57,501/-. The appellant has filed its return of income on 14.11.2013. The CPC Bangalore processed the return of income filed by the appellant and issued intimation u/s 143(1) dated 05.11.2015 determining the tax liability at Rs.62,710/-. The appellant has fixed deposit with Bank of Rs.5,74,997.33 and the TDS was deducted by Bank of Rs.57,501/-. The AR of the appellant has claimed that the sum of Rs.57,501/- is being reflected in Form 26AS of the appellant. The appellant therefore filed rectification application u/s 154 and again the AO has given NIL credit. No reasons have been given for rejection of the 154 application. Due credit for TDS must be given to the assessee, more so for the fact that the corresponding income has been brought to tax. Therefore, the Assessing Officer is hereby directed to allow the credit of said TDS, if any, after due verification. Therefore, this ground is hereby allowed for statistical purposes".
Still aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal.
3. I have heard the arguments of both the sides and also perused the relevant material available on record. It is observed that the assessee has been held to be entitled for the TDS credit by the ld. CIT(Appeals) vide his impugned order keeping in view especially the fact that the corresponding income has already been brought to tax in the hands of the assessee. He accordingly has also directed the Assessing Officer to allow 2 ITA No. 1656/KOL/2018 Assessment Year: 2014-2015 M/s. Anuvarat Exports & Imports Private Limited the credit of such TDS after due verification. Keeping in view this relief allowed by the ld. CIT(Appeals) to the assessee, the ld. Counsel for the assessee has been asked to explain what exactly is the grievance of the assessee. He has submitted that the Assessing Officer has refused to follow the direction of the ld. CIT(Appeals) given vide his impugned order on the ground that the ld. CIT(Appeals) has no power to remand the matter to the Assessing Officer. In my opinion, the direction given by the ld. CIT(Appeals) to the Assessing Officer to allow the credit of TDS after due verification does not amount to remanding the matter to the Assessing Officer and the Assessing Officer thus is not justified in not complying with the direction of the ld. CIT(Appeals). In any case, since this issue has been brought by the assessee by way of an appeal before the Tribunal, I direct the Assessing Officer to allow the credit of TDS to the assessee after necessary verification.
4. In the result, the appeal of the assessee is allowed.
Order pronounced in the open Court on November 20, 2018.
SD/-
(P.M. Jagtap) Vice-President (KZ) Kolkata, the 20 t h day of November, 2018 Copies to : (1) M/s. Anuvrat Exports & Imports Private Limited, 4, Ho Chi Minh Sarani, 2 n d Floor, Suit No. 2F, Jeevan Deep, Kolkata-700 071 (2) Income Tax Officer, Ward-8 (1), Kolk ata, Aayakar Bhawan, P-7, Chowringhee Squ are, Kolkata-700 069 (3) Commissioner of Income Tax (Appeals)-3, Kolkata, (4) Commissio ner of Income Tax- , (5) The Depart ment al Represent ative (6) Guard File By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha/Sr. P.S. 3