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| The Tax Publishers2020 TaxPub(DT) 2564 (Ker-HC) INCOME TAX ACT, 1961
Section 154
Where assessee-partnership firm carrying on contract work with Southern Railway, contended that no credit was given in relation to tax deducted at source on payments received from Railways, competent authority was directed to consider and dispose of all rectification applications filed by assessee in that regard, and till then, demand raised were kept in abeyance.
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Rectification under section 154 - Non-disposal of rectification application filed by assessee - No credit given in relation to tax deducted at source on payments received from Railways for contract work done by assessee -
Assessee-partnership firm was carrying on contract work with Southern Railway. It contended that on receipt of payment from Railway, there was a deduction as per provisions of section 194C and Form 16A was issued. On that basis, assessee filed income tax returns by taking credit on tax deducted at source. However, when assessment was done, no such credit was given. Held: Competent authority was directed to consider and dispose of all rectification applications filed by assessee; particulars of which were already given, after affording an opportunity of hearing to assessee, by issuing a speaking order, as to whether benefit of the credit on account of Form 16A, assessee was entitled to or otherwise. Till then, demand raised were kept in abeyance.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
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