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2024 (2) TMI 1147 - AT - Income TaxDisallowing credit of TDS - TDS credit is not reflected in Form 26AS - whether the credit claimed is allowable u/s 199? - HELD THAT:- In the case of Bhura Mal Raj Mal [1996 (4) TMI 114 - RAJASTHAN HIGH COURT] the High Court held that the credit for tax deducted at source should not be denied on the ground that the assessment year of the payer in which the deduction is made is different from that of the recipient. In the case of Anup Rajendra Tapadia [2023 (3) TMI 35 - ITAT PUNE] ITAT held that in terms of Rule 37BA(3)(i), benefit of TDS is to be given for assessment year for which corresponding income is assessable, therefore, where assessee received rental income on 31.03.2020, benefit of TDS had to be allowed in Assessment Year 2020-21 even though tenant inadvertently reported same in AY 2021-22. Thus we are of the considered view that in case the assessee has not claimed double deduction of credit of TDS, then the assessee is entitled to claim deduction of TDS in the year in which the corresponding income has been offered to tax by the assessee and the assessee has raised invoices on the payer. In the instant case, the assessee’s contention is that both the services as well as invoices have been raised on the payer in the impugned assessment year i.e. A.Y. 2020-21 and further, the assessee has not claimed deduction of TDS in any prior assessment year as well. Accordingly, matter is being restored to the file of AO with a view to verify whether the assessee has claimed TDS of the aforesaid amount in any other assessment year and accordingly, relief may be granted to the assessee as per law. Appeal of the assessee is allowed for statistical purposes.
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