TIRUMALA ESTATES,HYDERABAD vs. INCOME TAX OFFICER, WARD-4(1), HYDERABAD

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ITA 143/HYD/2024Status: DisposedITAT Hyderabad30 July 2025AY 2022-2320 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that credit for TDS must be allowed in the hands of the persons whose income is assessed, even if the TDS was deducted in the name of another entity. The AO was directed to allow the credit of TDS in the hands of the respective partners.

What were the facts?

The assessee firm claimed a refund of Rs. 20,57,372/- on account of TDS. The Assessing Officer (AO) granted credit for only Rs. 49,187/-, and the CIT(A) upheld this decision. The Tribunal had previously held that rental income from the property was taxable in the hands of the partners, not the firm.

What were the issues?

Whether TDS credit can be allowed in the hands of partners when the income is assessed in their hands, despite TDS being deducted in the firm's name. The applicability of Rule 37BA in such scenarios.

Which sections of the Income-tax Act were involved?

Section 194I,Section 199,Section 26

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Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench, Hyderabad

For Appellant: Shri Gurpreet Singh, Sr.DR

आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:-

1. 1. निर्धाररती/The Assessee : Tirumala Estates, 3-6-262, Himayatnagar – 500029, Hyderabad, Telangana. 2. रधजस्व/ The Revenue : The Income Tax Officer, Ward – 4(1), Hyderabad.

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