SHRI VENKTESH AYURVEDIC AUSHDHALAYA,JAIPUR vs. ITO WARD (E), JODHPUR, JODHPUR

ITA 230/JODH/2026Status: DisposedITAT Jodhpur25 August 2026AY 2024-2516 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the requirement of filing a declaration under Rule 37BA(2) is procedural and not mandatory when the beneficial ownership of the income is established and the income is offered to tax by the assessee. Therefore, the credit for TDS could not be denied.

What were the facts?

The assessee claimed credit for TDS amounting to Rs. 2,47,910/- which was deducted in the PAN of the trustee, not the assessee trust. The assessee argued that the securities were held in the trustee's name as the trust could not open a demat account, and the interest income was earned on trust funds and offered to tax by the trust.

What were the issues?

Whether TDS credit can be denied solely due to non-compliance with the procedural requirement of filing a declaration under Rule 37BA(2) when the beneficial ownership of income is established and offered to tax.

Which sections of the Income-tax Act were involved?

Section 199

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, “DB” BENCH, JODHPUR

Before: SMT. ANNAPURNA GUPTA & SHRI T. R. SENTHIL KUMARShri Venktesh Ayurvedic

For Respondent: Ms. Nidhi Nair, Addl. CIT-Sr, DR (Thru V.C.)
Hearing: 18.08.2026Pronounced: 25.08.2026

P a g e | 2 Shri Venktesh Ayurvedic Aushdhalaya

Per Annapurna Gupta, AM:- The present appeal has been filed by the assessee against the order passed by the Office of the Commissioner of Income Tax, Appeal Addl/JCIT(A)-01, Nashik(hereinafter referred to as “Ld. CIT(A)”), dated 16.01.2026 under Section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).

2.

The grounds of appeal raised by the assessee read as under:-

1.

The intimation order dated 09.01.2025 passed u/s 143(1

The order continues below.

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