Case Law Details
Case Name : Suresh Viswanathan vs DCIT (ITAT Mumbai)
Related Assessment Year : 2023-24
Courts :
All ITAT ITAT Mumbai
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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 credit can be giv...
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