Taxpublishers.in - InterestingDecision/Flash_16302.htm - Tax Publishers Your Tax Solution Hub

Share via Whatsapp 220 Views


The Tax Publishers Ardor International (P) Ltd. v. ACIT [ITA No. 1170/Ahd/2013, dt. 2-5-2016] : 2016 TaxPub(DT) 2223 (Ahd-Trib) TDS credit due to delay in receipt of form 16A--Rectification thereof *Facts:* Assessee had filed his return offering an income to tax, the TDS certificate was received only in January 2011. Thus since no TDS credit was not claimed in the return for the said income offered, assessee filed a rectification in February 2011 which was just in time for the time barring of rectification proceedings. Assessing officer rejected the rectification request which was upheld by the Commissioner (Appeals). On further appeal: Held in favour of the assessee, the amount claimed could be rectified under section 154 as the time limit for filing revised return had lapsed with no remedy for the assessee. Thus he cannot be penalized for someones elses fault of not giving the TDS certificate when section 155(14) had this thought very much in drafting. The TDS credit was not lawful amount to be withheld by the Govt. CIT v. Digital Global Soft Limited, reported in 15 taxmann.com 78 - Karnataka high court decision upheld.

The Tax Publishers

Ardor International (P) Ltd. v. ACIT [ITA No. 1170/Ahd/2013, dt. 2-5-2016] : 2016 TaxPub(DT) 2223 (Ahd-Trib)

TDS credit due to delay in receipt of form 16A--Rectification thereof

Facts:

Assessee had filed his return offering an income to tax, the TDS certificate was received only in January 2011. Thus since no TDS credit was not claimed in the return for the said income offered, assessee filed a rectification in February 2011 which was just in time for the time barring of rectification proceedings. Assessing officer rejected the rectification request which was upheld by the Commissioner (Appeals). On further appeal:

Held in favour of the assessee, the amount claimed could be rectified under section 154 as the time limit for filing revised return had lapsed with no remedy for the assessee. Thus he cannot be penalized for someones elses fault of not giving the TDS certificate when section 155(14) had this thought very much in drafting. The TDS credit was not lawful amount to be withheld by the Govt.

CIT v. Digital Global Soft Limited, reported in 15 taxmann.com 78 - Karnataka high court decision upheld.