Case Law Details
ACIT Vs NSL Renewable Power Private Limited (ITAT Hyderabad)
It is the submission by the learned AR that when once the learned Assessing Officer considered the corresponding income for taxing the same, it is not open for the learned Assessing Officer to refuse to allow credit of the corresponding TDS.
It is an admitted fact that for taxation purpose, the learned Assessing Officer considered the income relevant for the TDS reflected in form 26AS as revised.
It is, therefore, clear that when the learned Assessing Officer considered the corresponding income and has before him all the relevant facts in the shape of form 26AS as on the date of assessment, he is duty bound to assist the assessee, if the assessee is not aware of the discrepancy in respect of the income as per books and as per form 26AS. When form 26AS along with the reconciliation of income as per books and form 26AS was produced before him, learned Assessing Officer cannot accept the income for tax purpose and refuse to allow credit of corresponding TDS. Both must go hand in hand.
FULL TEXT OF THE ORDER OF ITAT HYDERABAD
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