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2017 (5) TMI 1667 - ITAT DELHIRectification of mistake u/s 154 - AO withdrawing TDS credit in an order u/s 154 on the ground that corresponding income has not been offered for tax in the relevant assessment year - debatable issue -assessment completed u/s 143(3) - CIT-A confirmed AO order - HELD THAT:- As in the case of ACIT v. Peddu Srinivasa Rao [2011 (3) TMI 1495 - ITAT VISAKHAPATNAM] shows that the issue raised u/s 154 of the I.T.Act is a debatable one. For the aforesaid reasons, we are of the view that withdrawal of tax credit which was given in the assessment completed u/s 143(3) of the I.T. Act by resorting rectification proceedings u/s 154 of the I.T.Act is legally untenable and cannot be sustained. TDS which is given due credit in this assessment year, the same should not be given credit during any other assessment year when income was offered for taxation - Decided in favour of assessee.
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