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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

Shashi Prabhu & Associates, Mumbai vs. ACIT, Mumbai

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

ITA 2713/MUM/2025[2017-18]Status: DisposedITAT Mumbai12 Aug 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Shashi Prabhu & Associates Assistant Commissioner Of C Wankhede Stadium, Income Tax, Mumbai D-Road, Churchgate, Mumbai - Vs. 400020 (Pan : Aaafs3813K) (Appellant) (Respondent) Present For: Assessee : Shri Bhupendra Karkhanis,Ca Revenue : Shri Leyaqat Ali Aafaqui, Sr. Ar Date Of Hearing : 04.08.2025 Date Of Pronouncement : 12.08.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A)- 4, Kolkata, Vide Order No. Itba/Apl/S/250/2024-25/1073259510(1), Dated 13.02.2025 Passed Against Intimation By Centralized Processing Centre, Bengaluru, U/S. 143(1) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 09.03.2019 For Assessment Year 2017- 18. 2. Grounds Taken By The Assessee Are Reproduced As Under: " 1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Granting Tds Credit Of Rs. 91,57,596/- Only As Against Rs. 1,31,74,662/- Claimed In The Income Tax Return Resulting In Short Granting Of Tds Credit On A Incorrect Assumption Of Fact That The Tds Credit Of Rs. 39,38,139 Had Already Been Allowed To Appellant Firm In Ay 2016-17, Which Is Wrong & Contrary To The Facts & Circumstances Of The Case, Provisions Of The Income Tax Act, 1961 & The Rules Made There Under.

For Appellant: Shri Bhupendra Karkhanis,CAFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. AR
Section 143(1)Section 234BSection 234C

TDS of RS. 39,38,139/- was made by the appellant the Ld. AO. CPC nor has Ld. AO. CPC granted the said credit of TDS of Rs. 39,38,139/- in AY 2016-17. (iii) Though the TDS was deducted in previous year AY 2016-17, merely since ... According to the assessee the income relating to this was offered to tax during AY 2017-18. It is eligible to claim the credit of TDS in the year under consideration even though the deduction appeared in Form No. 26AS for AY 2016-17. Assessee furnished a reconciliation in respect