Donthemsetty Srisaila Mallikharjunarao vs. The Income Tax Officer, Ward-1, Eluru

Parties Involved

Facts Summary

The assessee, a retired bank employee and pensioner, received a total amount of Rs. 23,62,760/- from Indian Bank for the Assessment Year 2023-24, which included his pension and salary/family pension arrears. The assessee filed his income return on 02/07/2023, claiming a refund of Rs. 4,82,425/- after computing the tax payable at Rs. 36,457/-. The CPC processed the return and issued an intimation under section 143(1) of the Income Tax Act, 1961, accepting the income, tax computed, and relief claimed under section 89 of the Act. However, the CPC computed the allowable credit towards tax deducted at source at only Rs. 1,53,443/- and determined the refund at Rs. 1,22,830/-, not allowing the TDS credit to the extent of Rs. 3,59,600/-. The assessee appealed against this order, arguing that the granting of lesser credit for TDS was outside the scope of adjustments that can be made in the intimation under section 143(1) of the Act.…

Legal Issues

• 1. The order of the Ld. C IT(A) is contrary to the facts and also the law applicable to the facts of the case.
• 2. The Ld. CIT(A) ought to have held that the granting lesser credit for TDS is outside the scope of adjustments that can be made in the intimation U/s. 143(1) of the Act.
• 3. The Ld. CIT(A) ought to have directed the AO to grant credit for entire TDS of Rs. 5,18,882/- instead of remitting the matter with an ambiguous direction.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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