“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

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

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

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

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

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

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

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

Syed Athar Abbas, Noida vs. ACIT, Circle-4(2), Delhi

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

ITA 30/DEL/2023[2009-10]Status: DisposedITAT Delhi27 Jul 2023AY 2009-10

Bench: Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.30/Del/2023 िनधा"रणवष"/Assessment Year: 2009-10 बनाम Syed Athar Abbas, Acit E-14 & 12 Sector-8, Vs. Circle-4(2) Noida, Gautam Budh Nagar, Delhi. Uttar Pradesh. Pan No. Aakpa4230A अपीलाथ" Appellant ""यथ"/Respondent

Section 143(1)Section 221(1)

return u/s 143(1) of the Act. The Ld. Counsel submits that direction may be given to the Assessing Officer to grant credit for TDS which was not allowed at the stage of processing the return u/s 143(1) of the Act. 3. Ld. DR submits that in this case ... CBDT stating the reasons why the demand of Rs.1,80,340/- is outstanding for the current assessment year i.e. because of not granting credit for TDS and requested for issuing copy of 143(1) of the Act so as to take corrective measures. I.T.A.No.1063/Del/2023 5. Heard rival submissions, perused

Sas Institute (India) P. Ltd, Mumbai vs. DCIT Cir 3(3), Mumbai

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

ITA 1567/MUM/2014[2009-10]Status: DisposedITAT Mumbai26 Jul 2023AY 2009-10

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Dy. Commissioner Of Income- M/S Sas Institute (India) Private Tax, Circle 3(3) Limited Apeejay House, 3 Rd Floor, Aaykar Bhavan, Vs. 3, Dinshaw Wachha Road, Maharshi Karve Road, Mumbai-400 020 Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaecs3149K Assessee By : Shri M.P. Lohia, Ar Revenue By : Ms. Vranda U.Matkari, Dr Date Of Hearing: 28.04.2023 Date Of Pronouncement : 26.07.2023

For Appellant: Shri M.P. Lohia, ARFor Respondent: Ms. Vranda U.Matkari, DR

Section 140Section 143(3)Section 144CSection 144C(13)Section 144C(5)

Other Grounds of appeal: 10. Non grant of tax deducted at source ('TDS') credit of Rs 1,04,54,206 Erred in granting credit for TDS at Rs 4,14,68,631 instead of Rs 5,19,22,837 and consequentially erroneously levying interest under section 234B

Greaves Cotton Ltd, Mumbai vs. Asst CIT Cir 7(1)(1), Mumbai

In the result appeal for assessment year 2012 –

ITA 6560/MUM/2018[2014-15]Status: DisposedITAT Mumbai25 Jul 2023AY 2014-15

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

For Appellant: Ms. Aarti Vissanji, Ms. Aastha &

Section 144CSection 35Section 92CSection 92C(3)Section 92F

does not require any portfolio management or requires the Appellant to incur any expenditure to earn dividend from such investments. GROUND H : SHORT CREDIT FOR TDS – ₹ 4,07,910/- (i) The A.O. should have given credit for TDS of ₹ 37,16,261/- instead of giving credit only

Greaves Cotton Ltd, Mumbai vs. Asst CIT Cir 7(1)(1), Mumbai

In the result appeal for assessment year 2012 –

ITA 7166/MUM/2017[2013-14]Status: DisposedITAT Mumbai25 Jul 2023AY 2013-14

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

For Appellant: Ms. Aarti Vissanji, Ms. Aastha &

Section 144CSection 35Section 92CSection 92C(3)Section 92F

Greaves Cotton Ltd, Mumbai vs. Asst CIT Cir 7(1)(1), Mumbai

In the result appeal for assessment year 2012 –

ITA 2069/MUM/2017[2012-13]Status: DisposedITAT Mumbai25 Jul 2023AY 2012-13

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

For Appellant: Ms. Aarti Vissanji, Ms. Aastha &

Section 144CSection 35Section 92CSection 92C(3)Section 92F

Greaves Cotton Ltd, Mumbai vs. Asst CIT 7(1)(1), Mumbai

In the result appeal for assessment year 2012 –

ITA 1745/MUM/2016[2011-12]Status: DisposedITAT Mumbai25 Jul 2023AY 2011-12

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm

For Appellant: Ms. Aarti Vissanji, Ms. Aastha &

Section 144CSection 35Section 92CSection 92C(3)Section 92F

Atomstroyexport, Mumbai vs. Dycit (It)Circle-1(1)(2), Mumbai

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

ITA 523/MUM/2022[2018-2019]Status: DisposedITAT Mumbai19 Jul 2023AY 2018-2019

Section 143(3)Section 234ASection 234BSection 44B

allowed. 13. Similarly, for A.Y.2019-20 also this issue is allowed in favour of the assessee. 14. In so far as the issue of credit for TDS of Rs.3,61,45,216/-, we direct the ld. AO to examine the same and allow in accordance with

Atomstroyexport, Mumbai vs. DCIT (It)Circle -1(1)(2), Mumbai

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

ITA 522/MUM/2022[2019-20]Status: DisposedITAT Mumbai19 Jul 2023AY 2019-20

Section 143(3)Section 234ASection 234BSection 44B

Kushal Navlakha, New Delhi vs. DCIT CPC, New Delhi

The appeal is dismissed

ITA 1663/DEL/2020[2018-19]Status: DisposedITAT Delhi17 Jul 2023AY 2018-19

Bench: Sh. N. K. Billaiya & Sh. Anubhav Sharmaassessment Year: 2018-19

Section 143(1)Section 250(6)

amounting to Rs.52200/-. It is an undisputed fact that Mr. Dhingra did not deposit this amount in the Government account and, therefore, the credit for TDS was denied by the AO. 5. On such facts we cannot direct the AO to give the credit of TDS the appeal

Ameriprise India Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 1198/DEL/2016[2011-12]Status: DisposedITAT Delhi17 Jul 2023AY 2011-12

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Appellant: Sh. Kamal Sawhney Adv. &For Respondent: Sh. P. Praveen Sidharth, CIT DR

Section 143(3)Section 234CSection 271(1)(c)Section 37(1)

advance tax. 3.1 On the facts and in the circumstances of the case and in law, the learned AO has erred in granting credit for TDS of Rs 3,96,924 only against Rs 5,60,724 claimed by the Appellant in its return of income filed for the subject

Bhim Singh, Kota vs. DCIT, C-2, Kota

In the result, appeal of the assessee is partly allowed

ITA 90/JPR/2023[2014-15]Status: DisposedITAT Jaipur17 Jul 2023AY 2014-15

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. B. V. Maheshwari (CA)For Respondent: Sh. R. S. Meel (JCIT)

Section 143Section 154Section 24Section 250

allow credit on this accordingly. For statistical purpose, the ground of appeal No.4 is allowed.” But the Ld. A.O. have not allowed the credit of TDS though we submitted the details of income as well as relevant TDS deducted by the Persons On this issue there is a clear order ... Which is as under FACTS 9 Bhim Singh vs. DCIT Assessee, an individual, filed his return of income wherein he interalla claimed credit for TDS of 2,80,456 being proportionate amount deducted at source by State Rank of India from the interest on fixed deposits placed by his wife

Ignitive Digitech Private Limited, Mumbai vs. Deputy Commissioner of Income Tax -CPC, Mumbai

In the result appeal of the assessee is allowed

ITA 367/MUM/2023[2018-19]Status: DisposedITAT Mumbai10 Jul 2023AY 2018-19

Bench: Shri Kuldip Singh & Shri Gagan Goyalignitive Digitech Private Limited, 7/124, Jai Shastri Nagar Chs Ltd. Mulund Colony, Mulund West, Mumbai-4000 082 Pan: Aaeci6658P ...... Appellant Vs. Dcit-Cpc Bangalore, Karnataka-560500 ..... Respondent

For Appellant: Shri Sanjay A. Thakkar, Ld. ARFor Respondent: Shri Ram Prakash Rastogi, Sr. AR

Section 143(1)Section 194JSection 199Section 234BSection 250

Ignitive Digitech Private Limited Management Co. Ltd. (KMAMC). Assessee has a liability of Rs. 44,890/- against returned income and has a credit of TDS deducted by KMAMC amounting to Rs. 1, 62,150/-. The return of the assessee was processed u/s. 143(1) by the CPC, Bangalore vide order ... section 37BA for denying the benefit of TDS during the year under consideration. This part of the Rule provides that the credit for TDS shall be given to the person to whom payment has been made or credit has been given on the basis of information relating to TDS furnished

DCIT CC 3(4) Cen RG 3, Mumbai vs. Patel Engineering Ltd, Mumbai

In the result, appeal filed by the assessee is dismissed

ITA 2486/MUM/2017[2007-08]Status: DisposedITAT Mumbai07 Jul 2023AY 2007-08

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

Section 14ASection 154Section 199(2)Section 80I

facts and in the circumstances of the case and in law, the CIT(A) was justified in holding that the credit of TDS be allowed othe assessee in contravention to section 199(2) of the IT Act, 1961, since the advances pertaining thereto are not credited ... Ld.CIT(A). Accordingly, we dismiss the ground raised by the revenue. 9. With regard to Ground No. 2 which is in respect of credit of TDS on advances, Ld. AR of the assessee brought to our notice that the issue in appeal has been considered by the Co-ordinate Bench

DCIT CC 3(4) Cen RG 3, Mumbai vs. Patel Engineering Ltd, Mumbai

In the result, appeal filed by the assessee is dismissed

ITA 2485/MUM/2017[2006-07]Status: DisposedITAT Mumbai07 Jul 2023AY 2006-07

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon’Ble

Section 14ASection 154Section 199(2)Section 80I

DCIT, Circle- 11(1), New Delhi vs. Hcl Comnet Systems & Services Ltd., Gautam Budh Nagar

In the result, Appeal filed by the Assess in ITA No

ITA 6360/DEL/2019[2016-17]Status: DisposedITAT Delhi30 Jun 2023AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar U.S.

For Appellant: Sh. Aditya Vohra, Adv & ShFor Respondent: Sh. Sanjay Kumar, Sr. Ld. DR

Section 115J

erred in disallowing credit of entire amount of TDS amounting to Rs.4,08,994 relating to deferred revenue and in not allowing credit of TDS on proportionate basis, as per Rule 37BA(3)(ii) of the Income-tax Rules, 1962.” 3. In ITA No. 6360/Del/2019 following grounds have been raised ... under normal provision of the Act and book profit of Rs. 6,46,22,749/- u/s 115JB of the Act, credit for TDS to the extent of Rs. 4,08,994/- has been disallowed on account of TDS claimed on deferred revenue. Aggrieved by the assessment order dated 20/12/2018, Assessee

Hcl Comnet Ltd., New Delhi vs. DCIT Circle-11(1), New Delhi

In the result, Appeal filed by the Assess in ITA No

ITA 5968/DEL/2019[2016-17]Status: DisposedITAT Delhi30 Jun 2023AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar U.S.

For Appellant: Sh. Aditya Vohra, Adv & ShFor Respondent: Sh. Sanjay Kumar, Sr. Ld. DR

Section 115J

Hcl Comnet Systems & Services Ltd., New Delhi vs. DCIT, Circle- 11(1), New Delhi

In the result, Appeal filed by the Assess in ITA No

ITA 5967/DEL/2019[2016-17]Status: DisposedITAT Delhi30 Jun 2023AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar U.S.

For Appellant: Sh. Aditya Vohra, Adv & ShFor Respondent: Sh. Sanjay Kumar, Sr. Ld. DR

Section 115J

Strides Shasun Ltd, Navi Mumbai vs. DCIT Cir 15(3)(2), Mumbai

ITA 1992/MUM/2016[2011-12]Status: DisposedITAT Mumbai28 Jun 2023AY 2011-12

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2011-12

For Appellant: Shri Ninad Patade, A.RFor Respondent: Shri Manoj Kumar, CIT D.R

Section 143Section 144C(1)Section 14ASection 92C

Credit for tax deducted at source ["TDS"] granted short: 9:1 The Assessing Officer has erred in not granting full credit of TDS as claimed by it the return of income. 9:2 The Appellant submits that considering the facts and circumstances of its case it is entitled to full ... credit of TDS as claimed by it and the stand taken by the Assessing Officer in this respect is misconceived, incorrect, erroneous and illegal. 9:3 The Appellant submits that the Assessing Officer be directed to grant full credit for TDS and to re-compute its tax liability accordingly

Wells Fargo Bank National Association, Mumbai vs. Assistant Director of Income Tax, CPC, Mumbai

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 926/MUM/2023[2019-20]Status: DisposedITAT Mumbai21 Jun 2023AY 2019-20

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailita Nos.924 To 926/Mum/2023 (A.Ys. 2017-18 To 2019-20)

For Appellant: P.J. Pardiwala &For Respondent: Anil Kumar Das

Section 143(1)Section 234B

income reflected under both the PAN in its return of income. However, the CPC while processing the return of income had not allowed credit of TDS reflected under PAN of firm. 6. Aggrieved, the assesse filed the appeal before the ld. CIT(A). The ld. CIT(A) has dismissed ... appeal for not granting the credit of TDS to the amount of Rs.53,17,780/- which was not appearing in the Form 26AS. The. Ld. CIT(A) has dismissed the appeal of the assesse holding that assessee had filed the return of income under the status of company PAN therefore

Wells Fargo Bank National Association, Mumbai vs. Assistant Director of Income Tax, CPC, Mumbai

In the result, all the appeals of the assessee are partly allowed for statistical purposes

ITA 925/MUM/2023[2017-18]Status: DisposedITAT Mumbai21 Jun 2023AY 2017-18

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailita Nos.924 To 926/Mum/2023 (A.Ys. 2017-18 To 2019-20)

For Appellant: P.J. Pardiwala &For Respondent: Anil Kumar Das

Section 143(1)Section 234B