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Full TDS Credit May Be Allowed to One Co-owner if Other Has Not Claimed – ITAT Remands

Case Law Details

Case Name
Suresh Viswanathan vs DCIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2023-24
Advertisement Suresh Viswanathan vs DCIT (ITAT Mumbai) Full TDS Credit May Be Allowed to One Co-owner if Other Has Not Claimed – ITAT Remands Assessee & spouse jointly sold property & offered capital gains equally. However, entire TDS was deducted in assessee’s name. CPC restricted TDS credit proportionately u/s 143(1), which was upheld ex-parte by CIT(A). Before ITAT, assessee contended that: Wife has offered her share of capital gains Paid tax separately Has not claimed any TDS credit ITAT held: No double claim of TDS → no revenue loss If wife has not claimed TDS, entire ...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,926

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