UNIVERSAL TRUSTEES PVT LTD AS A REPRESENTATIVE ASSESSEE OF VISHAL RAMESH GROVER , MUMBAI V. ITO (IT) 2(3)(1), MUMBAI

ITA 1009/MUM/2020

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5569 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2016-2017
• Appeal Filed On: 06-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: TDS; FORM 26AS
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “I”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI OM PRAKASH, ACCOUNTANT MEMBER ITA No. 1009/MUM/2020 Assessment Year: 2016-17 Universal Trustees Private Limited, As a Representative Assessee of Vishal Ramesh Grover B/1002, Marathon Futurex, NM Joshi Marg, Lower Parel, Mumbai - 400013 PAN: BXWPG4407R Vs. Income Tax Officer (International Tax)- 2(3)(1), 17 th Floor, Air India Building, Nariman Point, Mumbai - 400021 (Appellant) (Respondent) Assessee by : None Revenue by : Shri T. Sankar (DR) Date of Hearing : 24/12/2021 Date of Pronouncement: 24/12/2021 O R D E R PER OM PRAKASH KANT, AM The assessee preferred this appeal against the order dated 16.12.2019 of Ld. Commissioner of Income Tax (Appeals)-56, Mumbai (in short the Ld. CIT(A) for assessment year 2016-17. 2. The assessee filed a written submission requesting to withdraw the appeal. None present on behalf of the assessee. The Ld. DR did not object to the withdrawal of appeal by the assessee. 3. The relevant part of the written request of the assessee is reproduced as under:- 2 ITA No.1009/MUM/2020 Assessment Year: 2016-17 “Briefly stating, the plea before the learned CIT(A) was in connection with the claim of TDS Credit of Rs. 36,25,85,651 to which the Assessee was duly entitled to in accordance with Rule 37BA(2} of the income-tax Rules, 1962 (Rules). However, the same was denied to the Assessee on the basis that such TDS Credit was not appearing in its Form 26AS. The learned CIT(A) vide such Order stated that credit of TDS of Rs. 36,25,85,651 be granted to the Appellant once the deductor revises its TDS return in Form 27Q to reflect the Assessee’s PAN such that the TDS Credit is appropriately reflected in the Assessee’s Form 26AS. For this purpose, the Learned CIT(A) had also directed that the Assessing Officer write to the deductor to rectify the TDS Return in Form 27Q and ensure that the TDS Credit is appropriately reflected in the Form 26AS of the Assessee. Primarily, the Assessee was aggrieved from the Order of the Learned CIT(A) given that the Learned CIT(A) directed for granting the TDS Credit [to which the Assessee was duly entitled to in accordance with Rule 37BA(2) of the Rules) to the Assessee only upon satisfaction of procedural compliances which were not in control of the Assessee. Accordingly, the Assessee had filed an appeal before this Income-tax Appellate Tribunal against the Order of the Learned CIT(A). However, upon simultaneous follow-ups with the deductor, the deductor has modified its TDS Return in Form 27Q and accordingly, the TDS Credit is appropriately reflected in the Form 26AS of the Assessee. Copy of the Form 26AS is enclosed as Annexure 1. Consequently, the Assessing Officer has also passed an Order Giving Effect (OGE) dated 13 September 2021 to the order of the Learned CIT(A) and granted the TDS Credit of Rs. 36,25,85,651 to the Assessee. Copy of the OGE is enclosed as Annexure 2. 3 ITA No.1009/MUM/2020 Assessment Year: 2016-17 In light of the aforesaid, the Assessee’s plea has been addressed and the Assessee no longer remains aggrieved from the Order of the Learned CIT(A). Accordingly, the Assessee humbly submits that it be permitted to withdraw the captioned appeal - ITA No. 1009/MUM/2020.” 4. In view of the request, the assessee is permitted to withdraw its appeal and hence, the appeal is dismissed as withdrawn. 5. In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 24 th December, 2021. Sd/- Sd/- (VIKAS AWASTHY) JUDICIAL MEMBER (OM PRAKASH KANT) ACCOUNTANT MEMBER म ुंबई Mumbai; दिन ुंक Dated: 24/12/2021 Alindra, PS आदेश प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आदेशानुसार/ BY ORDER, सत्य दपि प्रदि //True Copy// उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीिीय अतिकरण, म ुंबई / ITAT, Mumbai