TMI Blog2011 (1) TMI 1391X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Revenue for assessment year 2006- 07 is directed against the order of the CIT(A), Guntur dated 15.4.2010. 2. The grounds of appeal of the Revenue are as under: 1. The order of the learned Commissioner of Income-tax (Appeals), Guntur is contrary to law and facts and circumstances of the case. 2. In the facts and circumstances of the case, when the TDS certificate has been issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the assessee had claimed its 60% share in the TDS amount in the return of income filed and, therefore, it amounts to a mistake apparent from the record and since the income thereof has been assessed at 60% of the joint venture company in the hands of the assessee, the assessee company was entitled to the credit of 60% of the TDS amount. He submitted that the issue is covered in fav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee holding that the TDS certificate was issued in the name of the joint venture company and the proportionate credit could not be given in the hands of the members of the joint venture company. We find that the provisions of section 199 of the Income-tax Act, 1961 are clear on the issue and the credit for TDS has to be given to the person in whose case the receipts are subjected to tax. In this ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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