AO restricting TDS claim unjustified as it is not as directed by Tribunal: Delhi HC

Facts- The writ petitioner impugns the order dated 08 April 2024 in terms of which the Assessing Officer while giving appeal effect has restricted the benefit of Tax Deducted at Source to INR 24,46,62,305/- being the amount as claimed in the Return of Income. It has proceeded consequently to frame an order of refund of INR 4,92,208/- along with interest u/s. 244A of the Income Tax Act, 1961.

The petitioner is aggrieved by the aforesaid action since the AO had failed to take into consideration the total TDS which had been deducted and deposited and the refund thus being computed in light of what had been claimed in the original Return of Income.

Conclusion- Held that in the present case the AO was called upon to give effect to a direction framed by the Tribunal. Viewed in that light, the stand as taken by the AO is clearly rendered unsustainable insofar as it restricts the claim of the petitioner to the disclosures made in the Return of Income.