YOGESH CHANDER & SONS HUF,LUDHIANA vs. INCOME TAX OFFICER, WARD 5(1), LUDHIANA
In the result, the appeal of the assessee is allowed for statistical purposes
ITA 625/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh16 Oct 2025AY 2022-23
Bench: the Ld. CIT(A). Ld. CIT(A) confirmed the action of the CPC holding that the appellant had not fulfilled the conditions of the proviso to Rule 37BA(2) of the Income Tax Rules, 1962, namely (i) filing of declaration with the deductor, and (ii) reporting of tax deduction by the deductor in the name of the other person.
For Appellant: Shri Sumit Kumar Bansal, C.AFor Respondent: Dr. Ranjit Kaur, Add. CIT, Sr. DR
Section 143(1)Section 199Section 250
dividend income has been duly offered to tax
by the HUF, denial of TDS credit would amount to unjust enrichment of the Revenue.
Reliance was placed on judicial precedents including:
ITO v. Gopal Das HUF (ITAT Delhi),
Rajeev Goyal HUF v. ITO (ITA No. 312/JP/2021), and
M.M. Fish Products Pvt. Ltd. v. ITO [(2018) 94 taxmann.com 305 (Hyd-Trib.)],
wherein