PNG & Co., New Delhi V. ACIT, New Delhi

ITA 1870/DEL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77752 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 18-06-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 02-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATPAL SINGH SENIOR
• Section: 37; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH F : NEW DELHI) BEFORE SHRI GEORGE GEORGE K, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.1870/DEL./2013 (ASSESSMENT YEAR : 2008-09) PNG & CO., VS. ACIT, CIRCLE 37 (1), 1 ST FLOOR, B 7/106A, NEW DELHI. SAFDARJUNG ENCLAVE EXTENSION, NEW DELHI 110 029. (PAN : AACFT3296M) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI VED JAIN, CA REVENUE BY : SHRI SATPAL SINGH, SENIOR DR ORDER PER B.C. MEENA, ACCOUNTANT MEMBER THIS APPEAL FILED BY THE ASSESSEE EMANATES FROM TH E ORDER OF THE CIT (APPEALS)-XXVIII, NEW DELHI DATED 03.01.2013. 2. THE ONLY ISSUE INVOLVED IN THE GROUNDS OF APPEAL IS REGARDING NOT ALLOWING CREDIT FOR TDS OF RS.3,30,954/- WHICH WAS DEDUCTED BEYOND 31.03.2008. THE TDS WAS SHOWN IN THE FORM NO.26AS FOR ASSESSMENT YEAR 2009-10. THE INCOME RELEVANT TO THE TDS WAS DE CLARED IN THE INCOME FOR THE ASSESSMENT YEAR 2008-09 ON ACCRUAL BASIS. LD. AR SUBMITTED THAT THE CIT (A) WAS NOT JUSTIFIED IN DISMISSING THE ASS ESSEES APPEAL AGAINST THE ORDER PASSED U/S 154 OF THE INCOME-TAX ACT, 1961 BY THE ASSESSING OFFICER. ITA NO.1870/DEL/2013 2 ASSESSEES CLAIM WAS AS PER LAW. THE TDS HAS BEEN CLAIMED IN THE YEAR IN WHICH THE INCOME IS DECLARED. FURTHER, HE SUBMITTE D THAT THE SAME CIT (A) HAS GRANTED THE RELIEF TO THE ASSESSEE IN THE SUBSE QUENT YEARS AND DIRECTED THE ASSESSING OFFICER TO GIVE THE CREDIT IN THE SIMILAR CIRCUMSTANCES. HE HAS PRODUCED THE ORDER FOR ASSESSMENT YEAR 2010-11 WHIC H IS PLACED AT PAGES 112 TO 121 OF THE PAPER BOOK. 3. LD. DR RELIED ON THE ORDERS OF THE AUTHORITIES B ELOW. 4. WE HAVE HEARD BOTH THE SIDES ON THE ISSUE. THER E IS NO DISPUTE REGARDING SHOWING THE RELEVANT INCOME ON ACCRUAL BA SIS IN THE ASSESSMENT YEAR 2008-09 ON WHICH THE TDS WAS DEDUCTED BEYOND 3 1.03.2008. THE ASSESSEE HAS ALSO NOT CLAIMED THE CREDIT OF THE TDS IN THE SUBSEQUENT YEAR, I.E. 2009-10. THE CIT (A) HAS GRANTED THE RELIEF T O THE ASSESSEE IN THE SUBSEQUENT YEAR AND THE DEPARTMENT HAS ACCEPTED THE SAME. KEEPING THESE FACTS IN VIEW, WE DIRECT THE ASSESSING OFFICER TO G IVE THE CREDIT OF TDS IN THE ASSESSMENT YEAR 2008-09 WHEREIN THE ASSESSEE HA S SHOWN THE RELEVANT INCOME. ACCORDINGLY, WE ALLOW THE GROUND TAKEN BY THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THIS 20 TH DAY OF JUNE, 2014. SD/- SD/- (GEORGE GEORGE K) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 20 TH DAY OF JUNE, 2014 TS ITA NO.1870/DEL/2013 3 COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XXIII, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.