TDS Credit judiciary-2

TDS credit of employee cannot be rejected for non-payment of TDS by employer to government

Sanjay Gupta Vs ITO (ITAT Delhi)

ITAT Delhi held that it is an admitted fact that TDS is deducted from the salary and the same is not deposited, Governments claim of TDS stands satisfied under CRP. Hence, non-payment of deducted tax by the employer cannot be ground for rejection of TDS credit to the employee....

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Furnishing of supporting evidence mandatory to claim TDS credit in absence of TDS certificate

DZ Bank Vs DCIT (International Taxation) (ITAT Mumbai)

Held that in absence of TDS certificate, assessee has to furnish any other evidence to support deduction of tax at source by the payer of income. TDS credit denied for failure to furnish any other supporting evidence...

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TDS credit, not eligible in the year under consideration, allowed in the year tax deducted

Centrum Microcredit Limited Vs ADIT (ITAT Mumbai)

Held that if assessee is not eligible for credit in the year under consideration then credit for the same should be allowed in the year in which tax has been deducted by the deductor....

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Cash system vis-à-vis TDS credit adjustable in the year of receipt

Chirag M. Shah Vs ITO (ITAT Ahmedabad)

Chirag M. Shah Vs ITO (ITAT Ahmedabad) It is observed that it is crystal clear that there are provisions under the IT Act; namely, section 199 of the IT Act, 1961 and Rule 37BA of the IT Rules, 1962 and the proper mechanism is also provided under the Act and Rules. Thus, respectfully following the […]...

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TDS Credit eligible in year in which Assessee shows relevant Income despite credit appearing in 26AS of next Year

Mahesh Software Systems Pvt. Ltd. Vs ACIT (ITAT Pune)

The issue under consideration is whether TDS will be granted in the year in which assessee has recorded the corresponding income even if the deposit of TDS is in next financial year?...

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TDS can be granted only in year in which income on which such TDS is assessable to tax

ACIT Vs. M/s Rahee Jhajharia E to E JV (ITAT Kolkata)

As per Section 199(3) of Income Tax Act, 1961 read with Rule 37BA(3)(i) and (ii) of Income Tax Rules, 1962 TDS can be granted only in the year in which the income/receipt on which such tax deducted at source is asses sable to tax....

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TDS Credit cannot be denied on the ground of Form 26AS mismatch

Rakesh Kumar Gupta Vs Union of India and another (Allahabad High Court)

Respondents have denied refunding the TDS on the ground that the refund would only be granted when the TDS matches with the details mentioned in Form 26AS. Since the mismatching is not attributable to the assessee and the fault solely lay with the deductor, we find that a case has been made out for grant of a mandamus for refund of the TD...

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TDS Credit Right of Payee- The Refund Made To the Tax Deductor, Even If Wrongful, Has No Adverse Impact on the Rights of the Assessee

Lucent Technologies GRL LLC Vs. Deputy Director of Income Tax (ITAT Mumbai)

Learned CIT(A) erred in not directing the AO to unconditionally grant full tax credit to the appellant f or the taxes deducted at source by Reliance Infocomm Limited of Rs 24,41,58,046 and, consequently, grant refund of the said amount as the entire addition made by the AO was deleted by the CIT(A). - learned CIT(A) erred in not directin...

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