SARITA JAIN,DELHI vs. ASSESSING OFFICER , DELHI

Heard both the parties at length. Case file perused.

The assessee’s instant appeal involves her very precise sole grievance since she is aggrieved against both the lower authorities’ action denying her TDS credit by quoting rule 37BA of the Income Tax Rules. The appellant Smt. Sarita Jain herein is admittedly happens to be wife of Sh. Kamlesh Kumar Jain (since deceased) who had made fixed deposits with M/s HDFC Bank. The latter undisputedly left for his heavenly abode on Sarita Jain 25.12.2019. And also that appellant had intimated the deductor/bank regarding the same on 17.09.2020. There is further no quarrel between the parties that the above FDR got matured in F.Y. 2020-21 relevant to A.Y. 2021-22 herein. And that both the learned lower authorities held that since she had not got the necessary details uploaded/ updated, benefit of TDS credit could not be granted to him.

I have given my thoughtful consideration to the assessee’s and the Revenue’s vehement submissions reiterating their respective stands. A perusal of Rule 37BA(2) proviso reads that a deductee in such an instance has to file declaration with the deductor (bank herein) regarding the relevant information in the name of such another person; and, therefore, once it is clear that the needful had been done at the appellant’s behest before the dedcutor/bank authorities on 17.09.2020 at her end, no merit is found in both the learned lower authorities’ action denying above TDS in her hands. Ordered accordingly.