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C.I.T., Central-II, Kolkata Versus M/s. Ganesh Narayan Brijlal Ltd.

2016 (8) TMI 823 - CALCUTTA HIGH COURT

TDS credit - Entitlement to benefit of tax deducted at source - TDS belong to co-owners - entire rent realized by the assessee including the amount belonged to co-owners - Held that:- The assessee is undoubtedly an owner of the property but he is not an absolute owner. His ownership is restricted to a certain percentage of the right in the property. The assessee has collected the rent payable with respect to the property in its entirety and thereafter has passed on the rent including the amount .....

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2009 - Dated:- 10-8-2016 - Girish Chandra Gupta And Arindam Sinha, JJ. For the Appellant : Mr. M. P. Agarwal, Advocate For the Respondent : Mr. Avra Majumder, Advocate Mr.Aveek Bose, Advocate ORDER The Court : The subject matter of challenge in the appeal is a judgement and order dated 20th March, 2009 passed by the learned Income Tax Appellate Tribunal, A Bench, Kolkata in ITA 104/Kol/2009 pertaining to assessment year 2005-06 by which an appeal preferred by the revenue was dismissed. The aggri .....

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Mr.Agarwal, learned advocate appearing for the appellant/revenue submitted that he has instructions not to press the aforesaid question. He submitted that he would like to press another question which is as follows : Whether the assessee is entitled to get the benefit of the tax deducted at source when the case of the assessee is that the rent realized belonged to the assessee only partially ? From the assessment order the following facts and circumstances are discernable. It is evident from th .....

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ting and Stationery Co.Ltd, M/s.Nadia Pulb & Board Ltd and M/s. Deepsikha Properties Ltd. Mr.Agarwal drew our attention to the computation made by the assessing officer from which it would appear that the assessee got credit of a sum of ₹ 5,69,782/-, deducted on account of tax by the tenants. He contended that in case, the rent did not belong to the assessee in its entirety, the assessee could not have in that case claimed the benefit of the tax deducted at source in its entirety. Mr.A .....

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