Tax Publishers
Overflow of TDS between two assessment years
Facts:
Assessee claimed overflow of TDS credit which was not
claimed in the earlier year in the subsequent year. Lower authorities did
not permit the same citing technical reasons. On appeal -
Held in favour of the assessee that they were entitled to
the tax credit of TDS upon verification by the AO.
Ed. Note: The manner
how assessee has established the overflow of tax credit needs to be noted both
party wise and at a reconciliation level.
|
S.
No.
|
Name
of Parties
|
TAN
|
TDS
deducted in AY 2018-19
|
TDS
claimed in AY 2018-19
|
TDS
carried forward to AY 2019-20 in AY 2018-19 Return
|
Brought
Forward TDS claimed in AY 2019- 20
|
Corresponding
income offered to tax in AY 2019-20
|
|
1.
|
DLF Homes Panchkula Pvt. Ltd.
|
DELD10110C
|
2,60,007
|
2,28,373
|
31,634
|
31,634
|
15,81,700
|
|
2.
|
DLF URBAN Private Ltd.
|
DELD16165C
|
27,83,450
|
20,06,891
|
7,76,559
|
7,76,559
|
3,88,27,950
|
|
3.
|
Prime Commercial Pvt. Ltd.
|
DELP09156A
|
5,35,124
|
5,03,520
|
31,604
|
31,604
|
15,80,188
|
|
4.
|
CEC-ITDCEM TPL JOINT VENTURE
|
MUMC22261B
|
3,82,366
|
3,22,791
|
59,575
|
59,575
|
29,78,742
|
|
5.
|
J Kumar Infraprojects Limited
|
MUMJ10056E
|
6,82,899
|
6,42,900
|
39,999
|
39,999
|
19,99,974
|
|
6.
|
DLF CYYBER CITY Developers
Limited
|
RTKD04868D
|
3,48,905
|
2,93,557
|
55,348
|
55,348
|
27,67,389
|
|
|
TOTAL
|
|
49,92,751
|
39,98,032
|
9,94,719
|
9,94,719
|
4,97,35,943
|
Case: Indigo
Infraprojects Pvt. Ltd. v. ACIT 2023 TaxPub(DT) 1839 (Delhi C Bench)
|