Friday, February 28, 2014

Credit of TDS allowed in subsequent year as it wasn’t claimed in year of income due to delay in issue of Form 16A

Section 143(3) of the Income-tax Act, 1961 - Assessment - Addition to income [Delayed TDS certificate] - Assessment year 2008-09 - Amount was due to assessee lottery agency on account of bumper prize, etc. pertaining to lottery scheme run by Punjab State lotteries in financial year 2005-06 - However, it was only in financial year 2007-08 that Punjab State Lotteries sanctioned and credited said amount in assessee's account - Assessee had showed relevant receipt in profit and loss account in earlier year - Because of delay in sanctioning said amount, same was claimed in subsequent year on receipt of TDS certificate - Whether assessee's claim in subsequent year would be allowable - Held, yes [Paras 7 to 9] [In favour of assessee]

Refer:[2014] 41 taxmann.com 404 (Punjab and Haryana)
HIGH COURT OF PUNJAB AND HARYANA
Commissioner of Income-tax-I
v.
Abbott Agency, Ludhiana
DR. BHARAT BHUSHAN PARSOON AND RAJIVE BHALLA, JJ.

No comments:

Post a Comment