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2023 (6) TMI 38 - ITAT MUMBAINon-grant of TDS credit - CIT- A has denied the credit for the reason as receipt received from Bangalore Metrorail Corporation Ltd on which tax deduction at source credit has been claimed is not offered for taxation - HELD THAT:- As in the interest of justice we set-aside the issue back to the file of the learned assessing officer with a direction to examine, whether the income is taxable in India or not, if the same is taxable in India, for which year the same income is offered, the tax credit is required to be granted for that year. If the above amount is not chargeable to tax in India at all, then, the refund is required to be issued in favour of the assessee. Therefore, AO may proceed in accordance with the provisions of section 4, 5, 9 and 199 of The Act and rule 37BA of the I T Rules. Needless to say, the assessee may be granted an opportunity of hearing before deciding the issue. Appeal of the assessee is allowed for statistical purposes.
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