TMI Blog2023 (7) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017 (7) TMI 819 - GUJARAT HIGH COURT] that under special circumstances TDS credit can be given to the assessee HUF upon filing affidavit by the individual that the income does not belong to him and that he has not claimed credit of TDS In the present case the KARTA of HUF has not claimed the TDS in the individual s returns. The A.O. cannot deny the credit of TDS in the assessee s name when the corresponding capital gain on the said transaction was taxed in the assessee HUF s name and cannot take benefit of the mistake crept in, in the sale deed. It is also pertinent to point out that the provision of section 199(3) mandates that credit may be given to person other than those mentioned in sub-section (1) (2), which allows deviation in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it u/s. 194IA of the Act amounting to Rs. 15 lacs on sale of house property and had also levied interest u/s. 234B and 234C of the Act amounting to Rs. 4,40,191/- and Rs. 69,223/- respectively. 4. Aggrieved, the assessee was in appeal before the ld. CIT(A) who had allowed the credit of TDS by remanding it back to the A.O. with a direction to the assessee to follow the procedure prescribed under Rule 37BA(2) of the Income Tax Rules for the purpose of allowing the credit of TDS. 5. The assessee is in appeal before us, challenging the order of the ld. CIT(A). 6. The learned Authorised Representative (ld. AR for short) for the assessee contended that the A.O. has accepted the return of income filed by the assessee but had denied TDS cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee is said to have claimed deduction u/s. 54 and 54EC of the Act. It is also observed that the TDS has been deducted in the hands of the individual Shri Anand Singhania along with his PAN number. The ld. CIT(A) in his order has stated that the assessee has mentioned the wrong PAN in the sale deed and has directed the assessee to follow the procedure prescribed u/s. 37BA(2) of the Act for the purpose of getting the TDS credit. The assessee has challenged the action of the ld. CIT(A) in directing the assessee to follow the procedure prescribed u/s. 37BA(2) of the Act for the purpose of getting TDS credit. The capital gain on sale of two properties was offered to tax in the assessee s return of income and the assessee has thus claime ..... X X X X Extracts X X X X X X X X Extracts X X X X
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