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2019 (11) TMI 1811 - ITAT HYDERABADCredit for advance tax and TDS credit of both the companies prior to the amalgamation - amalgamation between assessee company and its wholly owned subsidiary - A.O. had considered the income arising to the amalgamated company, but while granting credit of TDS and Advance Tax, he did not allow the same in toto - CIT(A) also dismissed the same holding that the assessee did not submit any TDS Certificate or Advance Tax payment details before the AO/CIT(A) - HELD THAT:- We agree with the contention of the assessee that when the amalgamated results or income of the amalgamating company has been taken into consideration, then the credit for advance tax paid and TDS made by amalgamating company should be given to amalgamated company, i.e. the assessee before us. We deem it fit and proper to remand the issue to the file of A.O. with a direction to verify the claim of TDS credit and advance tax paid by amalgamating company and allow the same to the assessee in accordance with law. Appeal of the assessee is allowed for statistical purposes.
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