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2022 (5) TMI 278 - AT - Income TaxTDS credit on income deducted in the PAN of his late father - TDS on fixed deposit income made in assessee's father’s name - income is offered by the assessee in his individual capacity as sole legal heir - assessee is the only legal heir of his deceased father and his mother is also pre-deceased her husband - HELD THAT:- As relying on case of Naresh Bhavani Shah (HUF) [2017 (7) TMI 819 - GUJARAT HIGH COURT] it is crystal clear that there are provisions of under the IT Act; namely, section 199 of the IT Act, 1961 and Rule 37BA of the IT Rules, 1962 and proper mechanism is also provided under the Act and Rules. Thus,the assessee is entitled to get credit on TDS which was deducted in the PAN of his late father. However, the entire income is offered by the assessee in his individual capacity as sole legal heir. Apart from that, the assessee also paid self assessment tax on the above income. Thus, the grounds of appeal raised by the assessee allowed.
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