GENERAL INSURERS PUBLIC SECTOR ASSOCIATION OF INDIA, PARLIAMENT STREET V. ITO Ward 52(1), NEW DELHI

ITA 2665/DEL/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0685 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 12-11-2023
• Assessment Year: 2021-2022
• Appeal Filed On: 20-09-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAM SAHNI
• Keywords: TDS
• Section: 143(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, DELHI Before Dr. B. R. R. Kumar, Accountant Member ITA No. 2665/DEL/2023: Asstt. Year: 2021-22 General Insurers Public Sector Association of India, 4, Jeevan Tara Building, Ground Floor, Parliament Street, Delhi 110001 Vs The CIT(A)/NFAC, Delhi (APPELLANT) (RESPONDENT) PAN No.AAAAG 3571 H Assessee by : Shri Ram Sahni, CA Revenue by : Shri Atiq Ahmed, Sr. DR Date of Hearing: 13.11.2023 Date of Pronouncement: 16.11.2023 ORDER Per Dr. B. R. R. Kumar, AM:- The present appeal has been filed by the assessee against the order of ld. NFAC/CIT(A), Delhi dated 03.08.2023. 2. The Appellant GENERAL INSURERS PUBLIC SECTOR ASSOCIATION OF INDIA (GIPSA) was incorporated on 07/11/2000 as Association of Person (AOP). 3. The Aims & Objects of GIPSA, is focused on providing the PSGICs a/platform for formulating policies on the matter of common interest with a view to adopt uniform approach in its implementation, like, Co-ordination amongst PSGICs on common HR & Technical matters and matters mandated to it; Liaison with PSGICs and DFS-MoF & other Ministries of Gol on behalf of PSGICs & vice-versa on issues as and when mandated to it; and also representation with authorities like Insurance Regulatory Authority of India, ITA No.2665/DEL/2023 General Insurers Public Sector Association of India 2 Parliamentary Committees, Comptroller and Auditor General and Central Vigilance Commission on the matters common to all PSGICs 4. GIPSA is a common internal forum created by the 4 Public Sector General Insurance Companies as its members, viz. (1) National Insurance Company Ltd; Head Office, Kolkata; (2) New India Assurance Company Ltd; Head Office, Mumbai; (3) The Oriental Insurance Company Ltd; Head Office, New Delhi and (4) United India Insurance Company Ltd; Head Office, Chennai for catering to common interests. 5. The Appellant has filed Return of Income showing an Income of IN 38,380/- and Tax Refund of INR 18,22,370/. The Present Case is before this bench as the Appellant has been denied the credit of TDS, by CPC, Bangaluru, claimed in the Return of Income, as the CPC was unable to identify the relevant Income disclosed in the Income Tax return for claim of TDS. The Ld. CIT(A) affirmed the order of the CPC which has not given credit of Due Taxes paid. 6. Facts reveal that the Appellant has Claimed TDS in Income Tax Return (ITR) of INR 18,34,346/- being aggregate of AY 2020-21 INR 4,11,857 & INR 14,22,489 AY 2021-22 (Extract of Copy of schedule TDS from Income Tax Return AY 2021-22 / Annexure-B). 7. The CPC banglore in Intimation U/s 143(31)(a) under Schedule "Computation of Restriction of TDS based on rule 37BA has not provided any details of denial / restriction of TDS credit. The ld. Commissioner of Income Tax (Appeals) at para 6 held that the Appellant has not identified the claim of TDS through evidences by quoting "Besides this amount, the TDS claimed by the appellant also included TDS pertaining to A.Y. 2020-21. Hence, this portion of TDS in which the appellant had not submitted any proof of evidence or TDS receipts was not considered". The ld. Commissioner of ITA No.2665/DEL/2023 General Insurers Public Sector Association of India 3 Income Tax (Appeals) thereafter concluded that the CPC Banglore has granted TDS credit of INR 16,14,950 in place of INR 14,93,584/- actually granted in the Order U/s 143(1) 8. The assessee filed Annexure B is enclosed explaining the Claim of TDS duly reconciled with the Turnover disclosed in the Income Tax return for AY 2021-22 justifying the Genuiness of claim of TDS and the refund due to the Appellant. It was submitted that The CBDT to bring uniformity in action of CPC, after understanding the problem faced by Assessee / Taxpayer's, with respect to claim of TDS, has come out with a notification no 637 (E.) dated on 30th Aug, 2023, Notifying a Form 71 enable the Appellant for a Refund. 9. The ld. DR submitted that the factum of disclosure of the income on which the TDS has been deducted in the ITR can be examined by the Jurisdictional Assessing Officer and the submissions of the assessee could be examined by the JAO. The ld. AR fairly accepted to submit the details before the JAO 10. Having gone through the issue, we remand the matter of file of the A.O. for the limited purposes verification and reconciliation. The assessee shall clarify the queries of the A.O. promptly if any. 11. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 16/11/2023. Sd/- Sd/- (DR.B.R.R. KUMAR) ACCOUNTANT MEMBER Delhi; Dated 16/11/2023 NV ITA No.2665/DEL/2023 General Insurers Public Sector Association of India 4 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT,Delhi 1. The Appellant 2. The Respondent. 3. The CIT(A), 4. CIT 5. DR, ITAT, 6. Guard file. //True Copy//