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Income Tax - Highlights / Catch Notes

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ITAT adjudicated a tax dispute regarding TDS credit on property ...


Tax Credit Fully Granted to Property Co-Owner Who Paid Capital Gains Tax and Received Sale Proceeds

May 22, 2025

Case Laws     Income Tax     AT

ITAT adjudicated a tax dispute regarding TDS credit on property sale by legal heirs. The tribunal held that where entire sale proceeds were deposited in the assessee's account with TDS deducted in her name, and she discharged capital gains tax liability for all co-owners, full TDS credit must be granted. The tribunal interpreted Rule 37BA(2) and Section 199 to mandate credit to the person with TDS deduction, particularly when income was correctly assessed and tax paid by co-owners. Technical objections were rejected, and the assessee's appeal was allowed, ensuring equitable tax treatment across joint property owners.

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