Tds credit not given in the scrutiny assessment order;

This query is : Resolved

Mahesh (Querist)
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23 April 2013 Assessee is a private limited company. Return of Income was filed declaring loss. TDS credit was claimed. Deductor has not deposited the TDS with the ITD. During the scrutiny proceedings the A O verified the party statements which shows that TDS has really been deducted. Deductor was also summoned for giving statement regarding the transactions with the assessee. However, while passing the order acceptance or otherwise of the TDS claim has not been mentioned by the A O. Whether, the A O is not duty bound to pass the order either to accept the TDS claim or reject the same while passing the assessment order; especially when the amount of TDS is substantial and the credit has been claimed in the RoI.
Thanks in advance

CA Krunal

CA Krunal (Expert)
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23 April 2013 If you do not have any other objection against order of AO, you can file application for rectification of mistake U/s.154.

However if you are going for appeal you can make this aspect as a ground of appeal as well.