TDS claimed by the assessee can be treated as income of the assessee if the same has been taxed on substantive basis

Brief Facts of the Case and Question

Brief Facts: The assessee has filed its return of income with correct TDS Details and TDS certificates for which credit has been claimed by the assessee, the amount of TDS is Rs.27,37,175/- with the corresponding income is Rs.13,51,17,561/- and whereas the Assessing officer added the amount of TDS as income of the Assessee.

Question Raised:

The Ld. CIT(A) has erred in law and on facts in deleting the addition of Rs.13,51,17,561/- made by the AO without appreciating the facts brought on record by the Assessing Officer that the TDS was claimed by the assessee but without any receipt of the same during the course of assessment proceedings.

Contention of the Assessee

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