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2017 (6) TMI 545 - AT - Income TaxRectification of mistake - not allowing the TDS credit - Held that:- The assessee duly fulfills all the conditions as laid down in section 198 r.ws. 199 r.w. Rule 378A of the Act. As find that TDS had been deducted and paid to the Central Government by the deductee and Payment/ Credit of Rent Income has been included in the accounts of the assessee. The deductor had duly filed requisite TDS returns as per Rules and also issued TDS certificate to the assessee and the same was furnished to the AO. Amount of TDS claimed, corresponding to claim of unrealized rent, is duly offered to tax as income of the assessee, in view of section 198 of the Act and also assessed by the AO. As assessee's action is in accordance with provisions of section 199 of the Act and the assessee is eligible for seeking credit of the TDS amount. Hence, set aside the order of the authorities below and decide the issue in favour of the assessee. However, this issue is highly debatable and cannot be acted upon by the revenue - Decided in favour of assessee.
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