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2022 (7) TMI 858 - AT - Income TaxRectification u/s 154 - Credit of TDS - HELD THAT:- As position of law being clear, we have no hesitation to accept the plea of the assessee. Denial of TDS credit in contradiction to the plain provisions of Section 199 r.w. Section Rule 37BA is clearly in the league of apparent error and thus liable to be rectified u/s 154 of the Act. Hence, the assessee would be entitled to claim of credit of TDS corresponding to the income reported in Assessment Year 2016-17 itself, provided the assessee has not claimed any credit for TDS in earlier Assessment Year 2015-16. On being satisfied, the AO shall grant the TDS credit in terms of observations made hereinabove. The impugned order of the CIT(A) is set aside and the matter restored back to the file of the Assessing Officer for grant of credit in accordance with law. Appeal of the assessee is allowed for statistical purposes.
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