Allowing the petition the Court held that since receipt of advances and deduction of TDS under section 195A was reflected in corresponding Form 26AS filed but TDS was not claimed under impression that it was not required, as deduction was towards advance as against income which was realized only with sale of apartments when capital gains were offered during assessment year 2021-22, a strong case of bona fide error in not claiming benefit of TDS in assessment year 2018-19 was established. Rejection order is quashed and the assessee is permitted to file revised returns within three months. (AY. 2018-19)
Sandhya Srivatsan v. CIT (IT) (2023) 333 CTR 2 /226 DTR 337/151 taxmann.com 305 (Karn)( HC)
S. 237 : Refunds-Condonation of delay-Deduction of tax at source-Revised return-Joint Development Agreement-Reflected in form no 26AS-Not claimed refund under bonafide belief-Rejection order is set aside and directed to file revised return. [S. 119(2)(b),139(5), 154, 195A, Art. 226]