TDS on exempt income allowable in the year of deduction of Tax

Brief of the case- ITAT Ahmedabad held in the case of Arvind Murjani Brands Pvt Ltd vs. ACIT that As the amount on which tax was deducted at source is not at all chargeable to tax, then the command of section 199 will have to be harmoniously and pragmatically read as providing for allowing credit for the tax deducted at source in the year of the receipt of the amount, on which tax was deducted at source.

Facts of the case-

The Assessing Officer did not allow thecredit of TDS on theground that the tax has been deducted on the rent received by the assessee. The assessee has not offered the rent as the incomeof the assessee and therefore, the credit for TDS cannot be allowed. The same is sustained by CIT (A)

 Contention of Revenue:

The assessee has not offered the rent as the income of the assessee and therefore, the credit for TDS cannot be allowed.

Please become a Premium member. If you are already a Premium member, login here to access the full content.