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198 of the Act. The TDS credit of Rs. 2,48,71,145/- on deferred revenue will be
allowed in the relevant assessment year in which underlying revenue has been
offered to tax.
Further, the assessee has claimed additional TDS of Rs. 12,70,656/-during the
course of assessment proceedings. However, assessee company had not claimed
the above TDS of Rs. 12,70,656/- in the return of income. In view of the decision
of the Hon'ble Supreme Court in the case of Goetze IndiaLtd. Vs CIT [284 ITR
223], the deduction could not be made without a valid revised return. Since in
the instant case the return has not been revised within the meaning of section
139(5) of the I. T. Act, 1961 therefore the additional claim of TDS of the assessee
company can't be accepted and is hereby rejected. Since, I am satisfied that the
assessee has furnished inaccurate particulars of its income, penalty proceedings
under section 271(l)(c) are being initiated separately.