Mavenvista Technologies Pvt. Ltd., Ahmedabad V. The ITO, Ward-2(1)(1), Ahmedabad

ITA 263/AHD/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 9889 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-09-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2017-2018
• Appeal Filed On: 20-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; TDS; Set aside; FORM 26AS
• Section: 154; 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT ITA No. 263/Ahd/2021 Assessment Year : 2017-18 Mavenvista Technologies Pvt. Ltd. S/1, Norquest House, Mithakhali, Ellisbridge, Ahmedabad-380006 PAN : AABCA 8370 M Vs Income Tax Officer, Ward-2(1)(1), Ahmedabad / (Appellant) / (Respondent) Assessee by : Shri Hardik Vora, AR Revenue by : Shri Mukesh Sharma, DR /Date of H ear in g : 22/09/2022 /Date of Pr on ou nc ement: 28/09/2022 आदेश / O R D E R This appeal filed by the assessee is directed against the order of learned Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [“CIT(A)” in short] dated 25.08.2021 and the solitary issue involved therein relates to assessee’s claim for credit of TDS amounting to Rs.2,36,325/-. 2. The assessee, in the present case, is a company which is engaged in the business of software development. The return of income for the year under consideration was filed by the assessee declaring a total income of Rs.23,12,340/-. In the said return, credit for TDS of Rs.26,94,635/- was claimed by the assessee. While processing the return of the assessee under Section 143(1) of the Income-tax Act, 1961 (“the Act” in short), TDS credit only to the extent of Rs.24,58,310/- was allowed by the Assessing Officer (CPC). The assessee, however, moved an application under Section 154 of the Act seeking rectification on the issue of short credit of TDS. The said ITA No. 263/Ahd/2021 Mavenvista Technologies Pvt Ltd Vs. ITO AY : 2017-18 2 application, however, was rejected by the Assessing Officer (CPC) vide order dated 28.08.2020. 3. Against the order passed by the Assessing Officer (CPC) under Section 154 of the Act, an appeal was preferred by the assessee before the learned CIT(A) who dismissed the said appeal and upheld the order passed by the Assessing Officer under Section 154 of the Act vide his appellate order dated 25.08.2021 holding that the credit for TDS to the extent of Rs.2,36,325/- could not be given to the assessee even if it appeared in Form 26AS as the same was withdrawn by the concerned deductor. Aggrieved by the order of the learned CIT(A), the assessee has preferred this appeal before the Tribunal. 4. I have heard the arguments of both the sides and also perused the relevant material available on record. The learned Counsel for the assessee has invited my attention to the copy of latest Form 26AS to show that the credit for TDS as claimed by the assessee was duly and fully reflected in Form 26AS. He has submitted that the assessee is not aware of any withdrawal of TDS by the deductor as stated by the learned CIT(A) in his impugned order and no opportunity was given either by the Assessing Officer or by the learned CIT(A) of being heard to the assessee while denying its claim for credit of TDS to the extent of Rs.2,36,325/-. Keeping in view this submission made by the learned Counsel for the assessee, I consider it fair and proper and in the interest of justice to send the matter back to the Assessing Officer for verification of the claim of the assessee afresh for credit of TDS. Even the learned Departmental Representative has not raised any objection for the same. The impugned order of the learned CIT(A) on this issue is accordingly set aside and the matter is restored to the ITA No. 263/Ahd/2021 Mavenvista Technologies Pvt Ltd Vs. ITO AY : 2017-18 3 file of the Assessing Officer with the direction to decide the same afresh after verifying the exact amount of TDS credit available to the assessee and after giving the assessee an opportunity of being heard. 5. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order pronounced in the open Court on 28 th September, 2022 at Ahmedabad. Sd/- (P.M. JAGTAP) VICE-PRESIDENT Ahmedabad, Dated 28/09/2022 *Bt /Copy of the Order forwarded to : 1. ! / The Appellant 2. "# ! / The Respondent. 3. $%$&' # # ( / Concerned CIT 4. # # ( ) (/ The CIT(A)- 5. + , # &' , # # &' /DR,ITAT, Ahmedabad, 6. , ./ 0 /Guard file. / BY ORDER, TRUE COPY ह # $ज (Asstt. Registrar) # # &' ITAT, Ahmedabad 1. ITAT, Ahmedabad Date of dictation- 21.09.2022......two pages dictation pad attached ...... 2. Date on which the typed draft is placed before the Dictating Member ...22.09.2022 ............ Other member....27.08.2022 .......... 3. Date on which the approved draft comes to the Sr.P.S./P.S. - ...27.08.2022............... 4. Date on which the fair order is placed before the Dictating Member for Pronouncement ...28.09.2022. 5. Date on which the file goes to the Bench Clerk...28.09.2022............ 6. Date on which the file goes to the Head Clerk.................................. 7. The date on which the file goes to the Assistant Registrar for signature on the order..................... 8. Date of Despatch of the Order..................