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Income Tax

Joint Property Sale: Full TDS Credit Must Be Allowed If Deducted in Assessee’s Name

Case Law Details

Case Name
Nanasaheb Bhagawan Sasar Vs ITO (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2022-23
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Nanasaheb Bhagawan Sasar Vs ITO (ITAT Pune) Joint Property Sale: ITAT Rules Entire TDS in Assessee’s Name Must Be Allowed- Buyer’s Error in Deducting Full TDS – Revenue Cannot Enrich Itself- Deductee Cannot Suffer for Deductor’s Mistake Assessee, an individual, jointly sold ancestral land with his son Amit Sasar for ₹13 crore, receiving ₹6.5 crore each. However, the buyer deducted entire TDS of ₹13,00,000 u/s 194A in the name of the Assessee alone. Accordingly, Form 26AS reflected the whole TDS against his PAN. While filing return, Assessee declared capital gains on his share of ...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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