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“credit for TDS”

TDS / TCSSection 199Section 199603 judgments

The decision most relied on for credit for TDS is Dy. CIT v. Rohini Builders (127 Taxmann 523), cited in 162 judgments on BharatTax.

Leading authorities on credit for TDS

Dy. CIT v. Rohini Builders
127 Taxmann 523 · 2003 · High Court
162
citing judgments

An assessee is required to prove the identity, creditworthiness, and genuineness of a cash credit in their books of accounts, such as an unsecured loan, but is generally not required to prove the source of the source for such credits. Additions under Section 68 are deleted if sufficient proof of creditors, repayment, and TDS on interest is provided.

Trib.), and Noida Commercial Co-op. Bank Ltd. v. ITO(TDS)
64 Taxmann.com 158 · 2015 · Reported
66
citing judgments

A multi-state cooperative bank is obligated to deduct tax at source on interest paid or credited on fixed deposits placed by cooperative societies, as per Section 194A(1) read with Section 194A(3) of the Act, unless an exemption applies.

CIT v. JDS Apparels (P.) Ltd.
370 ITR 454 · 2015 · High Court
54
citing judgments

Payments to banks for credit card transaction processing are considered bank charges or fees for services rendered, not commission or brokerage, and therefore are not subject to TDS under Section 194H of the Income Tax Act.

CIT v. Bhooratnam & Co.
357 ITR 396 · 2013 · High Court
48
citing judgments

An assessee is entitled to credit for TDS even if the certificate is issued in the name of a joint venture or related party, provided the income to which the TDS relates is offered by the assessee. This principle emphasizes looking at the substance of the transaction over strict adherence to the name on the TDS certificate.

Escorts Ltd. v. DCIT
15 SOT 368 · 2007 · ITAT
39
citing judgments

An assessee is entitled to credit for Tax Deducted at Source (TDS) even if the income in respect of which TDS was deducted is not disclosed in the return. The Income-tax Department cannot deny TDS credit solely on the grounds that the income was not offered to tax.

Yashpal Sahni v. ACIT
293 ITR 539 · 2007 · High Court
38
citing judgments

Once tax has been deducted at source (TDS), the bar of section 205 applies, preventing the deductee from being asked to pay the tax again, even if the deductor fails to deposit the tax or issue TDS certificates.

Supreme Renewable Energy Ltd. v. ITO
3 ITR (Trib) 339 · 2010 · ITAT
35
citing judgments

Once Tax Deducted at Source (TDS) is deducted and paid to the Central Government, credit for such tax must be given to the assessee, irrespective of the assessment year to which it relates. This principle applies even to amended provisions of Section 199(1) of the Income Tax Act, 1961.

PCIT v. Shree Aradhana Urban Co-operative Credit Society Ltd.
172 Taxmann.com 537 · 2025 · High Court
31
citing judgments

A co-operative society is primarily a co-operative society, and therefore, it is not required to deduct tax at source on interest payments made on time deposits to other co-operative societies, by virtue of Section 194A(3)(v).

Judgments citing credit for TDS

Aditi Gupta, Ludhiana vs. DDIT, CPC, Bengaluru

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 567/CHANDI/2024[2022-23]Status: DisposedITAT Chandigarh18 Dec 2024AY 2022-23

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Satish Gupta, AdvocateFor Respondent: Shri Vivek Vardhan, JCIT, Sr. DR
Section 139(5)Section 234A

income declared total income of Rs. 23,84,150/- and determined tax liability of Rs. 4,70,719/- and taking into consideration the credit for TDS amounting to Rs 5,73,000/-, refund of Rs. 1,02,280/- was claimed while filing the return of income. Thereafter the assessee filed ... gross receipt shown in Form 26AS are higher than the total of the receipt shown under the head of income on which the credit for TDS has been claimed in the return of income so filed and necessary explanation from the assessee was sought. It was submitted that the assessee

M/S Kolte-Patil Integrated Townships Limited, Pune vs. Deputy Commissioner of Income Tax, Circle-7, Pune

In the result, the appeal filed by the assessee is partly allowed

ITA 1990/PUN/2024[2021-22]Status: DisposedITAT Pune18 Dec 2024AY 2021-22

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2021-22

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar CIT-DR
Section 115BSection 143(1)Section 154

provisions of section 115BAA. Hence, when the assessee filed the application u/s 154 for giving the benefit of short credit of TDS, the CPC instead of giving credit for short deduction of TDS, has determined the tax liability by computing the tax at normal rate. He submitted that when ... point in restoring the issue again to the Assessing Officer without deciding the issue. So far as the issue of granting of less credit for TDS is concerned, he submitted that he has no objection if the matter is restored to the file of the Assessing Officer for giving

Indian Overseas Bank, Chennai vs. ACIT, NFAC, Delhi

In the result, the appeal filed by the assessee is allowed

ITA 1569/CHNY/2024[2019-20]Status: DisposedITAT Chennai18 Dec 2024AY 2019-20

Bench: Shri Manu Kumar Giri, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1569/Chny/2024 िनधा"रण वष" / Assessment Year: 2019-20 Indian Overseas Bank, The Principal Commissioner Of 763, Anna Salai, V. Income Tax, Anna Road, Chennai -4, Chennai – 600 002. Chennai -600 034. [Pan: Aaaci-1223-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. C. Naresh, Ca : Shri. Nilay Baran Som, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 25.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 18.12.2024 आदेश /O R D E R Per S. R. Raghunatha:

For Appellant: Shri. C. Naresh, CA
Section 143(1)Section 143(3)Section 263Section 41Section 41(1)

appreciating the factual and legal claims of assessee as detailed below: a) TDS u/s. 194 IA: The ld.PCIT had presumed that even though credit for TDS was claimed u/s.194IA no income was offered to tax under capital gains. The assessee had established before ld.PCIT that capital gains was offered

Nr Agrawal Co, Andheri West Mumbai vs. ITO, 16 (3) (1), Ayakar Bhavan Churchgate Mumbai

In the result, appeal of the assessee is partly allowed

ITA 4319/MUM/2024[2017 18]Status: DisposedITAT Mumbai18 Dec 2024

Bench: Ms. Kavitha Rajagopal & Shri Girish Agrawalassessment Year: 2017-18

For Appellant: Shri N. R. Agrawal, CAFor Respondent: Smt. Pravin Salunkhe, Sr. DR
Section 143(1)Section 154

taken by the assessee are reproduced as under: 2 NR Agrawal., AY 2017-18 1). The learned CIT (Appeals) erred in not allowing credit of TDS claimed Rs. 42,275/- 2). The learned CIT (Appeals) erred in not allowing credit of TDS claimed Rs. 15,970/- being TDS not deposited ... Brief facts of the case are that assessee is a Chartered accountant firm and follows cash system of accounting. Hence credit for TDS is claimed in the year of receipt of professional fees, while clients make provisions as on 31.3.2016 which is paid after audit is completed and bill

M/S. Genpact India, Gurgaon vs. DCIT, New Delhi

In the result, assessee’s appeal is allowed for statistical purposes

ITA 6542/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Dec 2024AY 2012-13

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Ms. Rishpal Bedi, CIT DR
Section 10ASection 143(3)

sources amounting to Rs. 98,44,965/- is concerned, it is submitted by the Ld. AR that AO be directed to allow credit for TDS as per law. Ld. DR did not have any objection to this proposition. In this view of the matter, we direct the AO to allow ... credit for TDS, if any, in accordance with law. 32. In the result, assessee’s appeal is allowed for statistical purposes. 33. To sum up : the Revenue’s appeal is partly allowed for statistical purposes as per above directions and assessee’s appeal is allowed for statistical purposes

DCIT, New Delhi vs. M/S. Genpact India, Gurgaon

In the result, assessee’s appeal is allowed for statistical purposes

ITA 6414/DEL/2016[2012-13]Status: DisposedITAT Delhi18 Dec 2024AY 2012-13

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Ms. Rishpal Bedi, CIT DR
Section 10ASection 143(3)

sources amounting to Rs. 98,44,965/- is concerned, it is submitted by the Ld. AR that AO be directed to allow credit for TDS as per law. Ld. DR did not have any objection to this proposition. In this view of the matter, we direct the AO to allow ... credit for TDS, if any, in accordance with law. 32. In the result, assessee’s appeal is allowed for statistical purposes. 33. To sum up : the Revenue’s appeal is partly allowed for statistical purposes as per above directions and assessee’s appeal is allowed for statistical purposes

Badrinath Shreenivas, Bangalore, Karnataka vs. The Income Tax Officer, Ward-1(2)(3), Vadodara

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1055/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1055/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Badrinath Shreenivas The Ito बनाम/ 605/A, 80 Feet Double Road Ward-1(2)(3) V/S. Rmv Club Vadodara – 390 015 Rmv Extension Ii Stage S.O. Bangalore North, Bangalore 15-Karnataka, 91-India Karnataka – 560 094 (Karnataka) "थायी लेखा सं./Pan: Adpps 0435 H अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Veeresh Budati, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 11/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Veeresh Budati, ARFor Respondent: Shri Nitin Vishnu Kulkarni, Sr.DR
Section 144Section 148Section 250

which led to partial rectification, granting 30% standard deduction u/s 24(a) of the Act for rent income and credit for TDS amounting to ₹1,52,378/-. The assessed income post-rectification was reduced to ₹20,70,980/-. 5. The assessee preferred an appeal before the CIT(A). The assessee

Gurpartap Singh Kairon, Chandigarh, India vs. Income Tax Office, Ward-2(1), Chandigarh, India

In the result, the appeal of the assessee is allowed

ITA 561/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh12 Dec 2024AY 2017-18

Bench: The Appeal Is Finally Heard & Disposed Off.”

For Appellant: Shri Ashok Goyal & Ms. Ashisha Mittal, C.A’sFor Respondent: Shri Vivek Vardhan, JCIT, Sr. DR
Section 143(1)

Paper book Volume 1 at Page No. 35-45. 8. It was further submitted that the assessee had inadvertently claimed the credit for TDS credited to his account due to automatic import of data from the software. While noticing the discrepancy from the intimation u/s 143(1), the assessee tried ... could not be contacted. The assessee had inadvertently claimed the TDS. It is further submitted that M/s Capital Estate has not claimed the credit of TDS deducted as the same in not reflecting in their Form 26AS. 11. In support, reliance was placed on the decision of Hon'ble High

M/S. C.U Inspections India Pvt Ltd, Mumbai vs. Income Tax Officer 15(1)(2), Mumbai

In the result, appeal of the assessee is allowed for statistical

ITA 5346/MUM/2024[2014-15]Status: DisposedITAT Mumbai12 Dec 2024AY 2014-15

Bench: Shri Amit Shukla & Shri Girish Agrawal

For Appellant: Shri H.N. Motiwala, CAFor Respondent: Shri Krishna Kumar, Sr. DR
Section 143(3)

Year 2014-15. 2. The issue raised by the assessee in the present appeal is in respect of ld. Assessing Officer not granting credit for TDS amounting to Rs.1,99,43,612/-, since assessee failed to demonstrate with evidence that income for which TDS has been claimed was not offered ... referred to para 8 of the order of ld. CIT(A), wherein the ground raised in respect of ld. Assessing Officer not giving credit of TDS of Rs.1,99,13,633/-, whereas ld. CIT(A), inadvertently has noted that the TDS credit of Rs.1,16,22,400/- was reflected

Pradip Manilal Kanakia, Bangalore vs. Deputy Commissioner of Income Tax (Mum-C-(174)(1)), Mumbai

In the result, the appeal of the assessee bearing ITA 5490/Mum/2024 is allowed for statistical purpose

ITA 5498/MUM/2024[2021-22]Status: DisposedITAT Mumbai03 Dec 2024AY 2021-22

Bench: Shri. Narendra Kumar Billaiya & Shri. Anikesh Banerjee

For Appellant: Shri Bharat KanakiaFor Respondent: Shri Mahesh Pamnani (SR DR)
Section 143(1)Section 154Section 154rSection 244Section 250

learned assessing officer has correctly passed the order u/s 143(1) r.w.s. 154 4) The appellant therefore prays that the appellant be granted credit of TDS of Rs. 1,13,400 and refund be issued with interest u/s 2444 till the date of payment.” 3. The Ld.AR argued and stated ... impugned assessment year. We find that further verification is required with regard to the assessee’s claim of rental income and the corresponding credit for TDS. In light of this, we direct that the matter be remanded to the file of Ld.AO for further verification of the apportioned rental income

Monish Bipin Shah, Mumbai vs. Dy.Com. of Income Tax, CPC, (Jao: Circle 27(2), Mumbai

In the result the appeal filed by the assessee stands partly allowed for statistical purpose

ITA 4957/MUM/2024[2016-17]Status: DisposedITAT Mumbai29 Nov 2024AY 2016-17

Bench: Smt Beena Pillai & Shri Prabash Shankarassessment Year: 2016-17 Monish Bipin Shah Dy. Com. Of Income Tax, C-1002, Lodha Bellissimo, Cpc [Jao : Circle 27(2), N. M. Joshi Marg, Mumbai] Jacob Circle, Room No. 419, Mumbai- 400011. 4Th Floor, Tower No. 6, Flat 22, Nirmala Mahal, Vashi Railway Station, Vs. Bomenji Petit Road Breach Commercial Complex, Vashi, Candy, Navi Mumbai- 400703. Mumbai- 400036. Pan: Aglps5759F (Appellant) (Respondent)

For Appellant: Shri Ajay R. Singh/Akshay PawarFor Respondent: Shri R. R. Makwana (SR. D.R.)
Section 139(5)Section 143(1)Section 154

Rectification U/s 154 insofar as including the income at higher amount as per Original Form 16 and at the same time granting credit for TDS as per Revised Form 16 at lower tax credit. 6) The Appellant craves leave to add, to amend, to alter and/or to delete ... declaring total income of Rs. 1,47,76,346/- including salary of Rs. 76,01,315/- earned from KPMG and claimed credit for TDS of Rs. 24,62,386/- as stated in Form 16. Subsequently, KPMG filed correction statement (Revised Return) according to which the figure of gross salary

The Society for Collegiate Education, Visakhapatnam vs. Deputy Commissioner of Income Tax (Exemptions Circle), Vijayawada

In the result, appeal of the assessee is allowed

ITA 435/VIZ/2024[2021-22]Status: DisposedITAT Visakhapatnam28 Nov 2024AY 2021-22

Bench: Shri K. Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.435/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2021-22) The Society For Collegiate Education V. Dcit (Exemptions) Exemption Circle D.No. 52-14-75 Income Tax Office New Resapuvanipalem C.R. Building “Annex” Visakhapatnam – 530013 M.G. Road Andhra Pradesh Vijayawada – 520002 Andhra Pradesh [Pan: Aaatt9499E] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 11(2)Section 143(1)Section 154

total income of Rs. 3,01,980/- which was summarily processed under section 143(1) of the Act. However, assessee noticed that a credit for TDS of Rs. 1,736/- was not allowed to the assessee, thereafter, assessee filed rectification petition on 23.01.2023 claiming the said TDS. Subsequently, CPC, Bangaluru

Rahul Dinesh Bajpai, Mumbai vs. Deputy Director of Income Tax, CPC, Bengaluru

In the result, the appeal is allowed in terms indicated above

ITA 2456/MUM/2024[2023-24]Status: HeardITAT Mumbai27 Nov 2024AY 2023-24

Bench: Shri Saktijit Dey, Vp & Shri Amarjit Singh, Am Rahul Dinesh Bajpai Dy. Director Of Income Tax House No. 6, Plot No. 60, Cpc, Bengaluru-560 100 Krishnakunj Building, Vs. Karnataka N S Road No. 6, Vileparle West, Juhu, Mumbai-400 091 Pan/Gir No. Acgpb 8660 Fis (Appellant) : (Respondent) Appellant By : Ms. Soniya Bhatiya Respondent By : Shri R. R. Makwana Date Of Hearing : 21.11.2024 Date Of Pronouncement : 27.11.2024 O R D E R Per Saktijit Dey, Vp: This Is An Appeal By The Assessee, Against The Order Dated 09.03.2024 By The Learned First Appellate Authority For The Assessment Year (A.Y.) 2023-24. 2. The Short Issue Arising For Consideration In This Appeal Is Non Grant Of Full Tds

For Appellant: Ms. Soniya BhatiyaFor Respondent: Shri R. R. Makwana

dispute, the assessee claimed the entire TDS. While processing the return of income filed by the assessee, the Centralized Processing Centre (CPC) granted credit for TDS in proportion to the capital gain income declared by the assessee and disallowed the claim for the balance TDS. 2 Rahul Dinesh Bajpai ... claim in respect of TDS credit. More so, when it is the assertion of the assessee that his wife has not claimed credit for TDS. 6. In view of the aforesaid, we direct the A.O. to factually verify, whether assessee’s wife has claimed any part of the TDS

DCIT., Central Circle, Tirupati vs. Bi Mining Private Limited, Hyderabad

In the result, appeal filed by the Revenue is dismissed

ITA 709/HYD/2024[2017-18]Status: DisposedITAT Hyderabad26 Nov 2024AY 2017-18

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.709/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2017-18) Dy. Cit Vs. M/S Bi Mining (P) Ltd Central Circle Hyderabad Hyderabad Pan: Aagcb6685D (Appellant) (Respondent) राज" व "ारा/Revenue By: Shri K.N. Suresh Babu, Dr िनधा""रती "ारा/Assessee By: Shri A.V. Raghuram, Advocate सुनवाई की तारीख/Date Of Hearing: 05/11/2024 घोषणा की तारीख/Pronouncement: 26/11/2024 आदेश/Order Per Manjunatha, G. A.M This Appeal Filed By The Revenue Is Directed Against The Order Dated 28/05/2024 Of The Learned Cit (A)-3, Visakhapatnam, Relating To A.Y.2017-18. 2. The Revenue Raised The Following Grounds: “1. The Order Of The Learned Cit (A) Is Erroneous Both On The Facts & In Law. 2. Under The Facts & Circumstances, The Learned Cit (A) Has Erred In Directing The Assessing Officer To Allow Credit Of Tds Without Appreciating The Fact That, The Claim Of The Assessee

For Appellant: Shri A.V. Raghuram, AdvocateFor Respondent: Shri K.N. Suresh Babu, DR
Section 143(3)Section 154Section 199

facts and in law. 2. Under the facts and circumstances, the learned CIT (A) has erred in directing the Assessing Officer to allow credit of TDS without appreciating the fact that, the claim of the assessee Page 1 of 8 ITA No 709 of 2024 BI MINING ... Rules, 1962. 3. Under the facts and circumstances, the learned CIT (A) has failed to appreciate the fact that the assessee has claimed credit for TDS of Rs.3,15,30,612/- but the corresponding income attributable to TDS amount was not disclosed in the return of income filed

3F Industries Limited, Tadepalligudem vs. Assistant Commissioner of Income Tax, Circle-1, Rajahmundry

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 434/VIZ/2024[2021-22]Status: DisposedITAT Visakhapatnam25 Nov 2024AY 2021-22

Bench: Shri K. Narasimha Chary, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.No.434/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2021-22) 3F Industries Limited V. Asst. Cit – Circle – 1 Aayakar Bhavan Pb No. 15, Tanuku Road Veerabhadrapuram Tadepalligudem, West Godavari Rajahmundry – 533105 Andhra Pradesh - 534102 Andhra Pradesh [Pan: Aaacf2643K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 143(1)(a)Section 143(2)Section 143(3)Section 92B(1)Section 92CSection 92E

which was remitted to the Government account during the subsequent A.Y. Thus, the assessee lost the opportunity to claim the credit for TDS since it was not appearing in Form 26AS for the A.Y. 2018-19 at the time of filing the return of income

United Brothers Multiplast LLP (Successor to M/S United Brothers), Mumbai vs. PCIT-17, Mumbai

In the result, the appeal by the assessee is allowed

ITA 2919/MUM/2024[2016-17]Status: DisposedITAT Mumbai25 Nov 2024AY 2016-17

Bench: Ms. Padmavathy S.Shri Sandeep Singh Karhailunited Brothers Multiplast Llp (Successor To M/S. United Brothers) 301, Heritage Plazza, A Wing, R.S. Maharaj Marg, Teli Gali, ……………. Appellant Cross Lane, Andheri (E), Mumbai, Maharashtra – 400069 Pan: Aaafu0314K V/S

For Appellant: Shri V.G. GindeFor Respondent: Shri Ankush Kapoor, CIT (DR)
Section 142(1)Section 143(2)Section 147Section 148Section 263Section 263(1)

appearing in the name of the partnership firm was not granted to the LLP. It is evident that in the present case, the credit of TDS of Rs.15,84,582/- was granted only to one entity, i.e., the partnership firm and there is no double grant of TDS credit. Therefore ... company. They have considered the terms of the agreement dated 12-03-2003 among the parties to the joint venture and held that credit for TDS certificates cannot be denied to the assessee while assessing the contract receipts mentioned in the said certificates as income of the assessee. The income

Space Developers, Ahmedabad vs. The ITO, Ward-1(1)(3), Ahmedabad

In the result, the appeal of the assessee stands dismissed

ITA 1737/AHD/2024[2023-24]Status: DisposedITAT Ahmedabad19 Nov 2024AY 2023-24

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2023-24 Space Developers The Ito 501, Gurukrupa Avenue, Vs Ward-1(1)(3) Nr. Manekbaug Hall Ahmedabad Ambawadi Ahmedabad – 380 015 (Gujarat) Pan: Absfs 0313 F (Applicant) (Responent) : Assessee By Shri Sakar Sharma, Ar Revenue By : Shri Ketan Gajjar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 11/11/2024 घोषणा की तारीख /Date Of Pronouncement: 19/11/2024 आदेश/O R D E R

For Respondent: Shri Ketan Gajjar, Sr.DR
Section 143(1)Section 199Section 250

appellant has made the following arguments: i. The AO, CPC erred in declared the appellant's return as defective. ii. The credit for TDS is restricted by invoking the provisions of Rule 37BA despite there being no mismatch of TDS. ii. The appellant has already declared the income corresponding ... action of the AO, CPC in Invoking Rule 37BA of the IT Rules, 1962 (hereinafter referred to as the Rules). The issue of credit of TDS and taxing the corresponding income are governed by the provisions of section 199 of the Income Tax Act, 1961 and Rule 37BA

Eih Limited, Kolkata vs. D.C.I.T., Income Tax Department, NFAC, Delhi, Kolkata

In the result, both the appeals of the assessee are partly allowed

ITA 498/KOL/2022[2018-2019]Status: DisposedITAT Kolkata18 Nov 2024AY 2018-2019

Bench: SHRI RAJPAL YADAV, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

Section 115JSection 143(3)Section 14ASection 92C

Alleged failure to consider revised computation withdrawing the claim of education cess of Rs. 1,74,38,807/- and of short credit of TDS amounting to Rs. 8,73,363/-. (v) Interest charged u/s 234B/C of the Act. 8.1 Regarding the issue of arm’s length pricing ... pass an appropriate order, after giving opportunity of being heard to the appellant. 12. Regarding the remaining two issues of granting credit for TDS and chargeability of interest u/s 234B/C, it is directed that the credit of TDS must be given after verification of the same and interest

Eih Limited, Kolkata vs. DCIT, NFAC, Delhi

In the result, both the appeals of the assessee are partly allowed

ITA 181/KOL/2022[2017-18]Status: DisposedITAT Kolkata18 Nov 2024AY 2017-18

Bench: SHRI RAJPAL YADAV, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

Section 115JSection 143(3)Section 14ASection 92C

Alleged failure to consider revised computation withdrawing the claim of education cess of Rs. 1,74,38,807/- and of short credit of TDS amounting to Rs. 8,73,363/-. (v) Interest charged u/s 234B/C of the Act. 8.1 Regarding the issue of arm’s length pricing ... pass an appropriate order, after giving opportunity of being heard to the appellant. 12. Regarding the remaining two issues of granting credit for TDS and chargeability of interest u/s 234B/C, it is directed that the credit of TDS must be given after verification of the same and interest

DCIT, Circle-7(1), Delhi vs. E R M India Pvt Ltd, Delhi

In the result, appeal of the Revenue is dismissed

ITA 237/DEL/2024[2015-16]Status: DisposedITAT Delhi14 Nov 2024AY 2015-16

Bench: SHRI PRADIP KUMAR KEDIA (Accountant Member), SHRI VIMAL KUMAR (Judicial Member)

Section 199Section 46A

should be given to assessee on basis of evidence produced before Department Resultantly, Tribunal directed Assessing Officer to verify correct facts and give credit of TDS to assessee High Court upheld Tribunal's order - Whether, on facts, SLP filed against order of High Court was to be dismissed-Held ... Para 4] [In favour of assessee) Accordingly, in light of the above judgment, the AO is hereby directed to give credit for TDS of Rs 85,59,590) to the appellant. This ground of appeal is thus allowed.” 10. The CIT(A) found that the claim towards TDS credit