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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

Dreams Belle Vue, Pune vs. ITO Ward-2(3), Pune

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

ITA 1158/PUN/2025[2014-15]Status: DisposedITAT Pune30 Sept 2025AY 2014-15

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148

submissions made without addressing the grounds raised by the appellant, thereby violating the principle of natural justice. 3. The Appellant submits that credit for TDS amounting to Rs.3,42,744 ought to be granted either to the Appellant AOP or, in the alternative, to the respective members who have duly

Dreams Belle Vue, Pune vs. ITO Ward 2 (1), Pune

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

ITA 1157/PUN/2025[2016-17]Status: DisposedITAT Pune30 Sept 2025AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148

submissions made without addressing the grounds raised by the appellant, thereby violating the principle of natural justice. 3. The Appellant submits that credit for TDS amounting to Rs.3,42,744 ought to be granted either to the Appellant AOP or, in the alternative, to the respective members who have duly

Shell International Petroleum Company Limited, Mumbai vs. Deputy Commissioner of Income Tax International Taxation -4(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 4712/MUM/2023[2021-22]Status: DisposedITAT Mumbai30 Sept 2025AY 2021-22

Bench: Smt. Beena Pillai & Smt. Renu Jauhrishell International Dy. Commissioner Of Petroleum Company Income –Tax (International Limited Taxation) 4(2)(1), Mumbai C/O B S R & Co. Llp, 2Nd 17Th Floor, Room No. 1708, Air Vs. Floor, Lodha Excelus, India Building, Nariman Point, Apollo Mills Compound, Mumbai N.M. Joshi Marg, Mahalakshmi, Mumbai 400011 स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaics0357B (Appellant) (Respondent) निर्ााररतीकीओरसे/ Assessee By: Shri. Madhur Agrawal/ Ms. Reema Grewal /Revenue By: Shri Satya Pal Kumar Cit (Dr) Date Of Hearing 06.08.2025 Date Of Pronouncement 30.09.2025 आदेश/O R D E R Per Renu Jauhri [A.M]: This Appeal Is Filed By The Assessee Against The Order Of Dy. Cit (It), Mumbai Dated 27.09.2023 Passed As Per The Directions Of The Dispute Resolution Panel (Drp) U/S. 144C(5) Of The Income Tax Act, 1961 [Hereinafter Referred To As "Act"] For Assessment Year [A.Y.] 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Madhur Agrawal/For Respondent: Shri Satya Pal Kumar CIT (DR)
Section 143(3)Section 144C(13)Section 144C(5)Section 153Section 2(24)Section 9(1)(vi)

cess on total income except interest on income-tax refund without appreciating the facts and circumstance of the case. Short granting of credit for TDS 13. Erred in not granting the TDS credit of Rs. 7,46, 161 without appreciating the facts and circumstance of the case. Interest under section ... rates as applicable. 10. Ground No. 13: Short grant of TDS – Rs. 7,46,161/- . It is contended by Ld.AR that credit of TDS has not been granted to the extent of Rs. 7,46,161/-. The assessee has filed a rectification application on 14/03/2023 alongwith form 26AS and reconciliation

Naseem Ahmed, Greater Noida vs. ITO Ward 2(3), Noida

Appeal of the assessee is allowed for statistical purposes

ITA 658/DEL/2024[AY 2016-17]Status: DisposedITAT Delhi08 Sept 2025

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmanaseem Ahmed, Income Tax Officer, Vill: Haldouni, Post Kuleshra, Ward-2(3), Greater Noida,Gautambudh Vs. Noida Nagar, U.P.201306. Pan-Aijpa1555F (Appellant) (Respondent) Assessee By Shri Raghu Raj Singh, Adv. & Shri Vijay Singhla, Ca. Department By Shridheeraj Kumar Jain,Sr.Dr Date Of Hearing 15/07/2025 Date Of Pronouncement 15/07/2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 25.12.2023 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Arising Out Of Order Dated 09.12.2019 Made By Assessing Officer(Hereinafter Referred As ‘The Ao’) U/S 144 R.W.S 147Of The Act For Assessment Year 2016-17. 2. The Brief Facts Of The Case Are That Assessee Filed His Return Of Income Of Rs.2,35,000/- & Had Also Claimed Credit For Tds Of Rs.9,13,823/- The Case Of The Assessee Was Reopened By Issuing Of Notice 148 Of The Act On The Basis Of Information In Possession Of The Department That The Assessee Had Received Interest On Enhanced Compensation Of Rs.8,84,023/- From New Okhla Industrial Development Authority (Noida) During The Financial Year 2015-16, Relevant To Assessment Year 2016-17 On Which Tds Of Rs.8,84,023/- Was Deducted By The Authority. The Assessee Had Filed Return But Assessing Officer Was Of The View That The Amount Of Rs.88,40,230/- Was In The Nature Of Interest

Section 10(37)Section 144Section 145BSection 250Section 28Section 56(2)(viii)

brief facts of the case are that assessee filed his return of income of Rs.2,35,000/- and had also claimed credit for TDS of Rs.9,13,823/- The case of the assessee was reopened by issuing of notice 148 of the Act on the basis of information in possession