Section 37BA of the Income Tax Act

The decision most relied on for Section 37BA is CIT v. Bhooratnam & Co. (357 ITR 396), cited in 48 of the 74 judgments on BharatTax that turn on this section.

Leading authorities on Section 37BA

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.

58 SOT 135 (Cut) (Uro) Gobindpada Bhanja Chowdhury v. ITO
352 ITR 273 · 2013 · High Court
25
citing judgments

The case is cited for a procedural point in relation to assessment or appeal proceedings. It appears in a list of cases before a discussion of an additional ground raised before the Commissioner of Income Tax (Appeals).

Asst. CIT v. Om Prakash Gattani
242 ITR 638 · 2000 · High Court
18
citing judgments

An assessee cannot be denied the credit of tax deducted at source (TDS) if they produce Form 16A, and any demand notice issued under Section 221(1) for non-payment of tax, when TDS credit is due, cannot be sustained.

Naresh Bhavani Shah (HUF) v. CIT
84 Taxmann.com 53 · 2017 · High Court
13
citing judgments

Credit for Tax Deducted at Source (TDS) can be given to a person other than the deductee if certain conditions are met, including the filing of a declaration as prescribed by Rule 37BA(2).

LSG Sky Chef India Pvt. Ltd. v. DCIT
45 Taxmann.com 256 · 2014 · Reported
11
citing judgments

An assessee cannot be denied credit for Tax Deducted at Source (TDS) solely due to a mismatch in Form 26AS if the mismatch is not attributable to the assessee. The burden of proving why Form 26AS does not reflect all TDS details should not be placed on the assessee.

Delhi in Schneider Electric India Ltd. v. CIT
171 Taxmann 177 · 2008 · High Court
10
citing judgments
5 SOT 616); Arvind Murjani Brands (P.) Ltd. vs. I SOT 616); Arvind Murjani Brands (P.) Ltd. v. ITO
137 ITD 173 · 2012 · ITAT
9
citing judgments
Bharat Petroleum Corporation Ltd. v. ITAT
359 ITR 371 · 2013 · High Court
7
citing judgments
Ltd. vs. ADIT (2009) (132 TTJ 218); Fidelity Investment Trust Fidelity Overseas Fund v. ADIT
36 SOT 22 · ITAT
4
citing judgments
DCIT v. Sunita Khemka
71 Taxmann.com 345 · 2016 · ITAT
3
citing judgments

Judgments on Section 37BA