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2022 (5) TMI 1375 - AT - Income TaxShort credit of Tax Deducted at Source [TDS] - turnover reported in Form No. 26AS is less than the turnover as per the return of income filed by the Assessee - Assessee before the Assessing Officer explained that the amounts credited represented the income receipts for multiple years and therefore only the income attributable to this assessment year is offered to tax and in support of the same filed copies of the invoices before the Assessing Officer - HELD THAT:- The provisions of the Rules cannot overrule the provisions of the Act and where the Act is omitted, the requirement of the income being offered to the assessment, as a condition to obtain credit for TDS, a rule cannot be quoted to deny the TDS credit to the Assessee, what the Act has given to him. Meaning thereby, as per the amended provisions, once the TDS was deducted, a credit of the same has to be given to the Assessee, irrespective of the year to which it relates. In terms of the provisions of Section 199(1) of the Act, once the TDS was deducted, credit of the same is to be given to the Assessee, irrespective of the year to which it relates. Hence, we direct the Assessing Officer to allow the TDS credit as per the Form No. 26AS after verification of the TDS Certificates. As regards to the CIT(A) restricting the credit of TDS to the extent claimed in the return of income, we noted that the Assessee claimed TDS on the interest at Rs. 2,90,623/- as against the TDS deducted on account of interest amounting to Rs. 4,20,856/- as per Form No. 26AS. We direct the Assessing Officer to allow the entire interest, as the Assessee has disclosed the income, i.e. interest income amounting to Rs. 42,44,457/-. We direct the Assessing Officer accordingly.
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