TMI Blog2017 (6) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... s no double crtedit allowed for the TDS amount in question and if it is found on such verification that no credit is allowed for the TDS in the hands of the proprietor/individual, the claim of the assessee for credit of such TDS may be allowed. I find merit in this contention of the assessee and since the ld. D.R. has also not raised any objection in this regard, set aside the impugned order of the ld. CIT(Appeals) and restore the matter to the file of the Assessing Officer for deciding the same afresh after necessary verification. Appeal of the assessee allowed for statistical purposes. - I.T.A. No. 2208/KOL/ 2016 - - - Dated:- 31-3-2017 - Shri P . M . Jagtap, Accountant Member For the Assessee : Shri Sanjay Bhattacharya, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said TDS to the assessee-company on the ground that the relevant TDS certificate was issued in the name of proprietary concern and not in the name of assessee-company while completing the assessment of the assessee-company under section 143(3) vide an order dated 19.01.2013. 3. Against the order passed by the Assessing Officer under section 143(3), an appeal was preferred by the assessee before the ld. CIT(Appeals), who upheld the action of the Assessing Officer in disallowing the claim of the assessee for credit of TDS amounting to ₹ 6,48,946/- for the following reasons given in paragraph no. 3 of his impugned order:- 3 . In this case only one issue is involved . Sri Soumendu Porel [ proprietor of M / s . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nicipal Authorities . Assessee's request have been accepted in the next Financial year, with effect from 28 . 04 . 2010 . Hence Municipal Authorities have not taken any cognigence of work being executed by the assessee company during the current year . As the TDS certificates are not in the name of the assessee company, its credit cannot be given in the assessment of the company, unless the assessee gets the necessary rectification done by the Municipal Authority in their TDS return . Under the circumstances request of assessee cannot be accepted . Aggrieved by the order of the ld. CIT(Appeals), the assessee has preferred this appeal before the Tribunal. 4. The ld. counsel for the assessee contended that when t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant Rule 37BA(2) and contended that the credit for TDS can be allowed in the hands of a person other than the deductee if the whole or part of the income on which tax has been deducted at source is assessable in the hands of such person subject to the condition that the deductee files a declaration to the deductor and the deductor reports that deduction in the name of the other persons in the information relating to deduction of tax as referred to in sub-Rule (1) of Rule 37BA. He contended that the credit for TDS generally is automatically allowed to the deductee in whose name the TDS certificate is issued on the basis of the information furnished by the deductor and the condition stipulated in Rule 37BA(2) for claiming TDS other than ..... X X X X Extracts X X X X X X X X Extracts X X X X
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