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2014 (8) TMI 418 - HC - Income TaxTDS not credited by Department - Whether in case the deductor had deducted the TDS and for the same Form no.16A has been issued by deductor, the credit of the same can be denied to the assessee and deductee solely on the ground that credit does not appear on ITD system of the department and/or same does not match with the ITD system of the department – Held that:- Assessee is not supposed to do anything in the whole transaction except that he is to accept the payment of the reduced amount which is deducted income tax at source - on the amount being deducted the assessee only gets a certificate to that effect by the person responsible to deduct the tax – Relying upon Yashpal Sahni vs. ACIT [2007 (7) TMI 7 - HIGH COURT , BOMBAY] – action of the revenue in not giving the credit of the tax deducted at source for which form no.16 A have been produced by the assessee – deductee and the demand notice issued u/s 221(1) of the Act cannot be sustained – assessee is entitled to credit of the tax deducted at source with respect to amount of TDS for which Form No.16A issued by the employer deductor – M/s. Amar Remedies Limited has been produced – revenue is directed to give credit of tax deducted at source to the assessee to the extent form no.16 A issued by the deductor have been issued – Decided in favour of Assessee.
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