Case Law Details
Deorah Nahala Baikanthapur SKUS Ltd Vs ITO (ITAT Kolkata)
The ld. Counsel for the assessee has submitted that the assessee mistakenly registered itself as ‘local authority’ with the Income Tax department (PAN) and not as ‘association of persons’ (AOP). Therefore, the TDS amount of Rs.2,19,21 1/- claimed in the return of income has been denied to the assessee.
I find that there is no discussion on this issue in the assessment order. This issue was raised for the first time before the CIT(A). However, the ld. CIT(A) declined to interfere by observing that there is no discussion about this in the assessment order. He has, therefore, observed that if it was a mistake on the part of the assessee, no appellate remedy lies on the same.
I am not convinced with the above observation of the ld. CIT(A). If the assessee by mistake has wrongly registered itself under a wrong category that does not mean that the said mistake is not curable or that the assessee is to be punished for its bona fide mistake. Therefore, I restore this issue to the file of the Assessing Officer with a direction that an opportunity may be given to the assessee to cure the defects, if any, in its registration and thereafter, to allow to the assessee the eligible claims/TDS refund etc. if otherwise so admissible to the assessee under the provisions of the Income Tax Act. With the above observations, the appeal of the assessee is treated as allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT KOLKATA
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