Case Law Details
General Insurers Public Sector Association of India Vs CIT (ITAT Delhi)
Introduction: This article scrutinizes an important order by ITAT Delhi in the case of General Insurers Public Sector Association of India vs. CIT. The appellant challenges the denial of TDS credit by CPC, leading to an appeal before ITAT. The ITAT directs re-examination, unraveling the intricacies of the case and delving into the CBDT’s recent notification facilitating TDS refunds.
Detailed Analysis: The General Insurers Public Sector Association of India (GIPSA) filed an appeal against the order of the ld. NFAC/CIT(A), Delhi, challenging the denial of TDS credit by CPC. GIPSA, incorporated as an Association of Person (AOP), focuses on coordinating common interests among Public Sector General Insurance Companies (PSGICs). The appeal pertains to the rejection of TDS credit claimed in the Return of Income, amounting to INR 18,34,346/- for AY 2020-21 and AY 2021-22.
The CPC, Bengaluru, denied the credit of due taxes paid, asserting an inability to identify the relevant income disclosed in the Income Tax return for TDS claim. The Commissioner of Income Tax (Appeals) affirmed the CPC’s decision, citing the lack of evidence submitted by GIPSA for TDS pertaining to AY 2020-21.
The ITAT Delhi, after scrutinizing the facts, found that the CPC’s intimation lacked details of denial or restriction of TDS credit. The Commissioner of Income Tax (Appeals) noted that the TDS claim included amounts for AY 2020-21, where GIPSA had not submitted evidence or TDS receipts. However, the subsequent conclusion stated that the CPC granted TDS credit of INR 16,14,950, contrary to the INR 14,93,584 granted in the order U/s 143(1).
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