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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- 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 ...





