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2024 (4) TMI 1077 - ITAT DELHICredit of TDS - Disallowance of credit as it is not getting reflected in the appellant-assessee’s 26AS - assessee rectification application u/s 154 rejected - HELD THAT:- We find that there is a genuine hardship to the appellant-assessee in not getting the credit of the TDS particularly when the appellant-assessee cannot file the return of income for the AY 2011-12 claiming the credit of TDS because the assessee was not in existence in the AY 2011-12. Technically, the AO is not able to give credit of the TDS in the AY 2012-13 as the same is not getting reflected in the assessee’s 26AS. Theoretically, the AO appears justified in not allowing credit of TDS in AY 2012- 13 but a way out has to be worked out by the AO to address the genuine hardship of the appellant-assessee and allow credit of TDS in the AY 2012-13 after verifying the facts of the case and by resorting to the provision of Section 119 of the Act if the appellant-assessee files application u/s Section 119(2)(b) of the Act to get address its grievance as per the law. Appeal of the assessee is allowed for statistical purposes
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