M/S. SHREYANSH TRADECOM PRIVATE LIMITED,KOLKATA V. ITO, WARD 5(1), KOLKATA

ITA 3063/KOL/2025

AI Insights

The case involves M/s Shreyansh Tradecom Private Limited appealing against the order of the Ld. CIT(A) which dismissed their appeal regarding the non-allowance of a TDS tax credit of Rs. 40,220 as per Form 26AS. The initial appeal was dismissed due to a delay of 878 days, which the tribunal later found to be due to bona fide reasons and thus condoned. The tribunal did not decide on the merits of the case but directed the AO to rectify the oversight and allow the TDS credit as claimed.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837976 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2022-2023
• Appeal Filed On: 12-12-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NOT ALLOWING TDS TAX CREDIT OF RS; NOT
• Keywords: Condonation of delay; TDS; FORM 26AS

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, KOLKATA SHRI RAJESH KUMAR, ACCOUNTANT MEMBER I.T.A. No. 3063/Kol/2025 (Assessment Year 2022-2023) M/s Shreyansh Tradecom Private Limited, 209, AJC Bose Road, Karnani Estate, Room No. 205, Kolkata - 700017 [PAN: AAOCS2800F] ……..…...…………….... Appellant vs. ITO Ward 5(1), Kolkata, P-7, Chowringhee Square, Kolkata -700069 ……..…...…………….... Respondent Appearances by: Assessee represented by : Ankit Jalan, AR Department represented by : Susanta Saha, Sr. DR Date of concluding the hearing : 29.01.2026 Date of pronouncing the order : 17.02.2026 O R D E R The present appeal filed by the assessee arises from order dated 30.09.2025 passed u/s 250 of the Income Tax Act, 1961 (hereafter referred to “the Act”) by the Ld. Additional/Joint Commissioner of Income Tax (Appeals) -2, Pune [hereafter referred to “the Ld. Addl./JCIT(A)]. 2. At the outset, we observe from the appeal folder that the appeal of the revenue is barred by limitation by 12 days for which the condonation petition was filed. After perusing the contents of the application, we find that the delay is attributable to bonafide and genuine reasons. Therefore, , we are inclined to condone the delay and admit the appeal for adjudication. 3. The only issue raised by the assessee is against the order of Ld. CIT(A) dismissing the appeal of the assessee by not allowing TDS tax credit of Rs. 40,220/- which was as per Form 26AS. Printed from counselvise.com 2 ITA No. 3063 /Kol/2025 Shreyansh Tradecom Private Limited 4. After hearing the rival contention and perusing the material available on record, we find that in this case, the AO-CPC while passing order u/s 143(1) of the Act has not allowed the credit of TDS Rs. 40,220/- to the assessee qua which the income was duly disclosed in the return of income. The Ld. CIT(A) has did not consider the plea of the assessee by not condoning the delay of 878 days and dismissed the appeal without deciding the appeal on merit. After hearing the assessee and the Ld. DR on the condonation of delay of 878 days, we find that the delay is bonafide reasons and therefore, delay is condoned. However, we note that the issue has to be examined at level of AO and accordingly we direct the AO to look into the matter and allow credit of TDS as per Form 26AS. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 17.02.2026 Sd/- Rajesh Kumar) Accountant Member Dated: 17.02.2026 AK, Sr. P.S. Printed from counselvise.com 3 ITA No. 3063 /Kol/2025 Shreyansh Tradecom Private Limited Copy of the order forwarded to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5. CIT(DR) Printed from counselvise.com "