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Judgment
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2024-25, arises against the Addl./JCIT(A)-4, Mumbai’s DIN & order No. ITBA/APL/S/250/2024-25/1073851946(1) dated 28.02.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
The assessee pleads the following substantive grounds in the instant appeal:
“1.The Ld. CIT(A) has erre d in law and o n facts while passing the order not allow ing the TDS credit o f R s. 18,73,263 is bad in law and on facts in view of the provisio n of section 205, 203 and 200 and raising a demand from the appe llant inspite of the fact that T DS has been duly de ducted by the tenant is not justified.
2.The appe llant craves fo r leave to alte r, amend, waive, modify, var y, dele te and/or add to the aforesaid gro unds of appeal and prays fo r appropriate relief o n the basis of the above said ground and/or such other re lief as may be allo wed to be urge d by leave.”
It next transpire s during the course of hearing with the able assistance coming from both the par ties that the assessee’s so le substantive ground here in seeks to claim TDS credit qua it’s tenants rental income/receipt paid after due deduction thereof. Both the learned lower authorities have admittedly denied the same for want of necessary details.
That being the case, we are of the considered view that the instant so le issue of TDS credit more requires afresh factual verification in reconciliation then a substantive adjudication in section 254(1) second appe llate proceedings before the tribunal. We accordingly deem it appropriate to restore the assessee’s above sole substantive ground back to the learned assessing authority for it’s afresh appropriate adjudication in very terms therefore.
All other issues between the parties are kept open at this stage .
This assessee’s appeal is allowed for statistical purposes.