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2017 (11) TMI 1561 - AT - Income TaxTDS credit - A.O passed the order u/s 154 of the Act withdrawing the credit of TDS - scheme of amalgamation - Held that:- No merit in the action of the AO for declining credit of TDS in the hands of the assessee company when undisputedly no credit of TDS has been claimed in the return of resulting company on demerger i.e., Reliance Fresh Limited and confirmation to this effect was also provided during the assessment proceedings that though trading income has been transferred to Reliance Fresh Ltd., the corresponding TDS has not been transferred and credit for such TDS is being claimed only by the assessee i.e., Reliance Hyper Realty Limited and not being claimed by the Reliance Fresh Ltd.. See Commissioner of Income Tax-15 Versus M/s Relcom [2015 (11) TMI 284 - DELHI HIGH COURT ] In view of the above, direct the AO to allow the credit of the TDS so deducted in the hands of the assessee company. - Decided in favour of assessee.
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