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2015 (9) TMI 64 - AT - Income TaxCredit of tax deducted at source u/s 199 denied - Held that:- TDS Certificate has been issued to the assessee only and as per data base of Income-tax department, the TDS is reflecting against the assessee only, therefore allowing credit in the hands of Shri Kapil Ahluwalia was not possible. Neither party should be made unjust enriched at the cost of the other. We hold that the credit of the ₹ 12,23,608/- is allowable in the hands of the assessee, in view of the clear provisions of sub section(1) of section 199 of the Act and Rules made thereunder. However, we direct the assessing officer to verify whether any credit of the TDS of ₹ 12,23,608/- has been allowed by the Income-tax Department in the hands of Shri Kapil Ahluwalia or not. If it has been not allowed, then the credit of this amount should be given in the hands of the assessee. Decided in favour of assessee.
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