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2013 (11) TMI 12 - AT - Income TaxAdvance payment received of Business receipts – Accrual of income - Addition on the ground that TDS has been deducted and assessee is claiming credit of TDS on certain portion of said advance - Held that:- the assessee relying on the decision of Hon’ble Delhi High Court in case of CIT Vs. Dinesh Kumar Goel, [2010 (10) TMI 287 - Delhi High Court] submitted that revenue is recognized only when the services are actually rendered. This principle will apply to the facts of the case under consideration as there is no evidence that the amount was received by the assessee for any particular services rendered so as to treat it as accrued income. As considered by the Coordinate bench of ITAT, Mumbai Bench in case of Smt. Varsha G. Salunke Vs. DCIT, [2005 (9) TMI 226 - ITAT BOMBAY-F], just because the amount was covered by the TDS as per the provisions of section 194C of the Act, the same cannot be considered as income. However, as per the provisions of section 199, the credit for the TDS can be given in the assessment year in which the income is shown to have been offered for assessment. Therefore, to the extent of giving credit for the amount of TDS claimed, the AO is free to examine and allow the credit in the year in which the advance got adjusted in the bills and necessary credit can be given in that year as per the provisions of the Act
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