← All Phrases

“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

Span Intermediates Pvt. Ltd, Mumbai vs. ITO WD 2(3) (1), Mumbai

In the result, Ground No.3 of the assessee is allowed subject to submission of certified documents mentioned above

ITA 1917/MUM/2021[2018-19]Status: DisposedITAT Mumbai12 Sept 2022AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalspan Intermediates Pvt. Ltd. 6Th Floor, Jash Chambers, Mustafa Building, Sir Phiroz Shah Mehta Road, Mumbai-400001. Pan: Aabcs6103Q ...... Appellant Vs. Ito, Ward-2(3)(1) Aayakar Bhavan, M.K. Road, Mumbai-400020. ..... Respondent Appellant By : Sh. Sanjiv M. Shah Respondent By : Sh. Pramod Nikalje Date Of Hearing : 16/06/2022 Date Of Pronouncement : 12/09/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [Hereinafter Referred To As [‘Nfac’] Dated 26.08.2021 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As [‘The Act’] For The Assessment Year (Ay) 2018-19. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Sh. Sanjiv M. ShahFor Respondent: Sh. Pramod Nikalje
Section 139(1)Section 142(1)Section 143(2)Section 244ASection 250Section 28Section 36(1)(iv)Section 438Section 43B

circumstances of the case and in law, the learned CIT(A) has erred in not directing the learned AO to allow short credit for TDS to the extent of Rs 39,477 He ought to have directed the learned AO. 4. Ground No.4: On the facts and in the circumstances ... plea of the assessee was well founded, as held by the Tribunal.” 11. Ground N o.3, AO is directed to allow showed credit of TDS to the extent of Rs. 39,477/- after taking certified copies of 26AS and Form-16A by the assessee. In this regard, we considered

Dhananjay G. Mishra, Mumbai vs. CIT Appeal NFAC, Delhi

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

ITA 477/MUM/2022[2016-17]Status: DisposedITAT Mumbai26 Jul 2022AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.477/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17) Dhananjay G. Mishra बिधम/ Acit, Circle-20(1) Prop. Yeoman Marine Piramal Chambers, Vs. Services (Yms) Lalbaugh, Mumbai. W-1402, World Crest, Senapati Bapat Marg, Lower Parel, The World Towers Delisle Road, Mumbai-400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aflpm1475K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satish Mody Revenue By: Shri Mahiita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 30/06/2022 घोषणा की तारीख /Date Of Pronouncement: 26/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax(A) (Nfac), Delhi Dated 20.12.2021 For Assessment Year 2016-17. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Order Of The Assessing Officer Not Allowing The Credit Of Tds Of Rs.24,41,710/-. 3. Brief Facts Pertaining To The Issue Is That Assessee Is An Individual Having A Proprietary Concern Running In The Name Of Yeoman Marine Services ( Herein After In Short ‘Yms’) Which Was Succeeded By A Private Limited Company Yeoman Marine Services Private Limited (Herein After In Short ‘Ymspl’) W.E.F. 01.11.2015. Appellant Is A Contractor In Ship Repairing Business. During The Year The Appellant

For Appellant: Shri Satish ModyFor Respondent: Shri Mahiita Nair (Sr. AR)
Section 194CSection 199

grievance of the assessee is against the action of the Ld. CIT(A) confirming the order of the Assessing Officer not allowing the credit of TDS of Rs.24,41,710/-. 3. Brief facts pertaining to the issue is that assessee is an individual having a proprietary concern running ... though the assessee’s proprietary concern (YMS) was succeeded by a private limited company (YMSPL) from 01.11.2015, the assessee has claimed the entire credit of TDS in the hands of the proprietorship concern (YMS); and has claimed to have offered for tax the receipt after the date of succession