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2020 (7) TMI 711 - ITAT JAIPURNon-grant of TCS credit - Rectification of mistak u/s 154 - Amount of TCS was not reflected (shown) in the name of assessee, but corresponding income declared by the assessee - HELD THAT:- In the return of income, though the assessee has claimed TCS, however, in absence of reflection of the TCS in the name of the assessee in Form No. 26AS, while processing the return of income, the credit of TCS has not been granted to the assessee. During the rectification proceedings, the assessee has submitted before AO that though TCS has been collected in the name of Shri Bheru Singh Tak, the corresponding revenues have been offered by the assessee in his return of income - also not disputed the said fact that revenues have been offered by the assessee in his return of income but at the same time, has rejected the said claim stating that TCS was deducted in the name of Shri Bheru Singh Tak having different PAN and therefore, the credit of the same cannot be allowed to the assessee. It is a settled legal proposition that the TCS is a form of advance payment on behalf of the assessee and where the assessee has offered the income in particular assessment year and the income has been brought to tax in the hands of the assessee, the corresponding TCS should be allowed to the assessee. Therefore, in the instant case, where there is no dispute that the income has been offered by the assessee and brought to tax, the assessee should be eligible for corresponding TCS subject to the fact that the same has not been claimed by Shri Bheru Singh Tak. See M/s Jai Ambey Wines vs ACIT, CPC [2017 (1) TMI 986 - ITAT JAIPUR]. We accordingly agree with the contention of the ld AR that where complete purchase and sale of main licensee have been considered in case of sub-licensee, i.e the assessee, the credit for TCS should also be granted to the assessee subject to the condition that no claim of such TCS have been made by the main licensee in his individual return of income. TCS credit to be allowed, subject to verification of facts. - Matter remanded back.
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