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2023 (2) TMI 1069 - AT - Income TaxTDS credit - mismatch in credit of tax deducted at source claimed by the assessee in the return of income - As submitted tax credit claimed by the assessee in the return of income is in accordance with the credit available as per Form 26AS - as per CIT-A assessee is entitled to credit of TDS deducted in respect of interest income and advance received from Kerala Government during the year under consideration - HELD THAT:- In the case of Arvind Murjani Brands (P.) Ltd. [2012 (5) TMI 138 - ITAT MUMBAI] ITAT held that where amount on which tax was deducted at source is not at all chargeable to tax, command of section 199 will have to be harmoniously and pragmatically read as providing for allowing credit for tax deducted at source in year of receipt of amount, in which tax was deducted at source. As decided in M/S. ZELAN PROJECTS P. LTD. VERSUS DCIT, CIRCLE 3 (3) HYDERABAD [2015 (6) TMI 66 - ITAT HYDERABAD] where TDS was deducted from mobilisation advance paid to assessee-erection contractor, credit of same was to be allowed, even if no income was assessable to tax as contract was not fully executed in relevant year. As decided in SUPREME RENEWABLE ENERGY LIMITED. VERSUS INCOME TAX OFFICER. [2008 (8) TMI 432 - ITAT MADRAS-C] assessee becomes entitled to credit of TDS even if he has not directly offered the relevant income for tax on the basis that it is not liable to tax. In the case of Sadbhav Engineering Ltd. [2014 (1) TMI 233 - ITAT AHMEDABAD] held that once the TDS deducted, credit of the same to be given to assessees, irrespective of year to which it relates. In the case of NCC Maytas JV [2013 (9) TMI 1294 - ITAT HYDERABAD] ITAT held that a part of TDS cannot be denied on the ground that the corresponding turnover has not been shown in the A.Y. in which credit is being claimed, if income relating to such TDS has already been offered for taxation in an earlier assessment year. Accordingly, in view of the above observations, we find no infirmity in the order of Ld. CIT(A) who has allowed the appeal of the assessee after appreciating all relevant factors. In the result, the appeal of the Department is dismissed.
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