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2013 (10) TMI 1119 - AT - Income TaxCredit for TDS - The credit of TDS has been denied to the assessee on the ground that the claim for TDS was no reflected in the computer generated form 26AS – Held that:- Reliance has been placed on the judgment of Hon’ble High Court of Bombay in case of Yashpal Sahwney Vs. DCIT [2007 (7) TMI 7 - HIGH COURT , BOMBAY], wherein it was held that even if the deductor had not issued TDS certificate, the claim of the assessee has to be considered on the basis of evidence produced for deduction of tax at source as the revenue was empowered to recover the tax from the person responsible if he had not deducted tax at source or after deducting failed to deposit with Central Government – Reliance has also been placed on the judgment of Hon’ble High Court of Delhi in case of Court On Its Own Motion Vs. CIT [2013 (3) TMI 316 - DELHI HIGH COURT], wherein the court has directed the department to ensure that credit is given to the assessee, where deductor had failed to upload the correct details in Form 26AS on the basis of evidence produced before the department. Therefore, the department is required to give credit for TDS once valid TDS certificate had been produced or even where the deductor had not issued TDS certificates on the basis of evidence produced by assessee regarding deduction of tax at source and on the basis of indemnity bond – Decided in favor of Assessee. Grant of interest on delayed payment of interest – Held that:- Relying upon the judgment in the case of Sandvik Asia Ltd. Vs. CIT and others [2006 (1) TMI 55 - SUPREME Court], it has been held that, in case the assessee has paid excess advance tax or excess TDS, the assessee is liable for refund with interest and in case the interest is not granted on the due date, the assessee is liable for further interest on interest – Decided in favor of Assessee.
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