Court held that the Assessing Officer did not dispute the fact that the assessee passed on the rent collected to the respective owners. The tax deducted at source at the time of such passing on of rental income was also deposited by the assessee. Further, the owners did disclose the rental income in their returns. Thus on the one hand, there was credit of tax deducted at source and on the other hand there was debit of tax paid on behalf of the owners. There was no occasion to invoke section 154 of the Act, since the issue was a debatable one. The decision of the Commissioner (Appeals) as affirmed by the Tribunal took a plausible view which was deserved to be upheld. (AY. 1995-96 to 2009-10)
Gopal Das Estates And Housing Pvt. Ltd. v. CIT (2019) 412 ITR 489/ 263 Taxman 8/ 176 DTR 193 (Delhi)(HC)
S. 154 : Rectification of mistake-Amount received as rent by assessee who was not owner of properties-Rent passed on to owners-Tribunal holding assessee was not liable to deduct tax at source on such rents-Plausible View-Rectification proceedings holding assessee liable to deduct tax at Source-Not justified.