आयकर अपीलीय अधिकरण “ए” न्यायपीठ पुणे में ।

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI R.K. PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.722/PUN/2025 धििाारण वर्ा / Assessment Year : 2022-23 Nanasaheb Bhagawan Sasar, Income Tax Officer, Sus, Bavdhan B.O. Bawdhan, Ward – 2(2), Pune Pune-411021 Vs.

PAN : ADHPS2728M अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee by : Shri Suhas Bora Department by : Shri Ramnath P Murkunde Date of hearing : 09-07-2025 Date of 22-09-2025 Pronouncement : आदेश / ORDER PER ASTHA CHANDRA, JM :

The appeal filed by the assessee is directed against the order dated

09.01.2025 of the Ld. Additional/Joint Commissioner of Income Tax (Appeals), Kochi [“Addl./JCIT(A)”] pertaining to Assessment Year (“AY”) 2022-23.

2. Briefly stated, the facts of the case are that the assessee is an individual. He filed his return of income belatedly u/s 139(4) of the Income Tax Act, 1961 (the “Act”) on 28.12.2022 for AY 2022-23 declaring a total income of Rs.2,76,47,210/-. During the AY 2022-23, the assessee sold his ancestral land jointly held by him and his son, Mr. Amit Sasar for a total consideration of Rs.13,00,00,000/-. The said consideration was received by the assessee and his son in equal ratio i.e. Rs.6,50,00,000/- each. The buyer of the said land deducted the entire TDS u/s 194A @ 1% amounting to Rs.13,00,000/- in the name of the assessee only. Accordingly, in the return of income, the assessee claimed full amount of TDS deducted and credited to his account as reflected in Form 26AS amounting to Rs.13,00,000/-. However, the long term capital gain on the said transaction was calculated considering the sale consideration of equal share of Rs.6,50,00,000/-. The balance of Rs.6,50,00,000/- has been shown in the return of income of the assessee’s son and no TDS credit has been claimed in his return. A defective notice was issued for the reason that the gross receipts shown in Form 26AS being higher than the total of the receipts shown under all heads of income on which credit for TDS has been claimed in the return of income filed. The assessee filed its response to the said defective notice categorically stating that, "the sales figure was incorrectly reported in the SFT return twice and therefore value appears to be Rs.26 crores. The said land is proportionately distributed between the assessee and his son Mr. Amit Sasar (PAN: BNEPS4461B) in the ratio of 1:1. The total sale consideration is Rs.13 crores, i.e. Rs.6.5 crores each. Accordingly, while filing ITR, the capital gains on sale of land is shown in the IT'R of assessee and his son Mr. Amit Sasar in ratio of 1:1 and paid the tax liability due thereon."

2.1 Thereafter, intimation order u/s 143(1) of the Act was issued by the Ld. Assessing Officer/Central Processing Centre [(“AO”)/(“CPC”)] on 27.02.2023 wherein the Ld. AO/CPC considered the income as per return of income filed earlier but denied the proportionate TDS credit of Rs.6,50,000/- and accordingly calculated interest u/s 234A, 234B and 234C of the Act. In response section 143(1) intimation order, the assessee filed rectified return of income on 03.03.2023 wherein he claimed full TDS credit of Rs.13,00,000/- and made a disclosure with respect to the gross receipts of Rs.6,50,00,000/- under the head “Income transferred to others” against the PAN of his son, Amit Sasar. Disregarding the response and the rectified return furnished by the assessee, the Ld. AO/CPC passed the rectification order u/s 154 of the Act on 03.03.2023 in which the income is considered as per the return of income, however, proportionate TDS credit of Rs.6,50,000/- has not been given and accordingly interest u/s 234A, 234B and 234C is calculated.

3. Aggrieved by such rectification order passed by the Ld. AO/CPC, the assessee preferred an appeal before the Ld. Addl./JCIT(A) who dismissed the appeal of the assessee upholding only the proportionate TDS credit allowed by the Ld. AO/CP