Case Law Details
CAE Simulation Training Pvt. Ltd. Vs DCIT (ITAT Delhi)
The sole issue agitated by the assessee in the captioned appeals is that the ld.CIT(A) has erred in law in ignoring the provisions of section 199 of the Income-tax Act, 1961 r.w.r 37BA(3) of the Income-tax Rules, 1962 which clearly provide that the credit of TDS shall be given for the assessment year for which the income is assessable.
On being asked by the Bench, the ld. Representatives of both the sides agreed that the facts and circumstances of all three appeals are similar and identical. The ld. AR, drawing our attention to a recent order of the ITAT Delhi ‘C’ Bench dated 06.2022 in ITA No.6580/Del/2019 for AY 2016-17 in the case M/s Interglobe Enterprises Pvt. Ltd. vs. ACIT, submitted that the issue involved in the present appeals is squarely covered by the order of the Tribunal and the matter may kindly be restored to the file of the AO for grant of credit in accordance with the law.
ITAT unable to see any conclusion or findings by the authorities below to show as to whether tax credit for TDS reflected in Form No.26AS for relevant assessment years has been claimed or otherwise in that assessment year. Thus, verification and examination of factual position is required to rule out the possibility of double claim by the assessee. ITAT make it clear that the assessee shall be entitled to credit of TDS corresponding to the income reported in the respective assessment year provided that: (i) the assessee has not claimed any credit of TDS in any other assessment year; and (ii) an undertaking or affidavit is placed by the assessee before the Revenue authorities giving assurance that such credit claimed for the relevant assessment years shall not be double claimed in any other assessment year in future based on Form No.26AS or any other document. ITAT also make it clear that being satisfied on the above issues, the AO shall grant TDS credit to the assessee.
FULL TEXT OF THE ORDER OF ITAT DELHI
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