Renew Surya Vihaan Pvt. Ltd. vs CIT

Parties Involved

Facts Summary

The assessee company, Renew Surya Vihaan Pvt. Ltd., is engaged in the business of generating power through non-conventional and renewable energy resources. It filed its return of income on 27.09.2022, declaring a total income of INR 1,35,03,130/-. The return was processed, and the CPC, Bangalore/AO partially accepted the response regarding a defective notice but reduced the amount of TDS claimed. The assessee filed an application under section 154 of the Act for rectification, which was rejected. Subsequently, the assessee appealed to the Ld. CIT(A), who dismissed the appeal. Aggrieved by this, the assessee filed an appeal before the Tribunal.…

Legal Issues

• 1. Whether the CIT(A) erred in upholding the rectification order passed by the CPC under section 154 of the Act thereby upholding the rejection of grant of TDS credit of INR 1,58,90,732 to the Appellant.
• 2. Whether the CIT erred in upholding the rectification order passed by CPC holding that the issue involved does not constitute a'mistake apparent from the record' within the meaning of Section 154 of the Act.
• 3. Whether the CIT(A) erred in not appreciating that rejection of grant of TDS credit by CPC vide intimation under section 143(1) of the Act is bad in law and contrary to the provisions of law.
• 4. Whether the CIT(A) erred in summarily upholding the rejection of claim of TDS credit without appreciating the reason for difference between income offered by the Appellant in its return of income and as reflected in Form 26AS.

Judgment Outcome

Decided in favour of Assessee.

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