2015 (3) TMI 221 - AT - Income Tax

Short credit of the tax deducted at source - Held that - Though Form 26AS (r/w r.31AB and ss. 203AA and 206C(5)) represents a part of a wholesome procedure designed by the Revenue for accounting of TDS (and TCS), the burden of proving as to why the said Form (Statement) does not reflect the details of the entire tax deducted at source for and on behalf of a deductee cannot be placed on an assessee-deductee. The assessee, by furnishing the TDS certificate/s bearing the full details of the tax deducted at source, credit for which is being claimed, has in our view discharged the primary onus on it toward claiming credit in its respect. He, accordingly, cannot be burdened any further in the matter. The Revenue is fully entitled to conduct proper verification in the matter and satisfy itself with regard to the veracity of the assessee's claim/s, but cannot deny the assessee credit in respect of TDS without specifying any infirmity in its claim/s. Form 26AS is a statement generated at the end of the Revenue, and the assessee cannot be in any manner held responsible for any discrepancy therein or for the non-matching of TDS reflected therein with the assessee's claim/s. Where so, no doubt a matter of concern, is one which is to be investigated and pursued by the Revenue, which is suitably armed by law therefor. The plea that the deductor may have specified a wrong TAN, so that the TDS may stand reflected in the account of another deductee, is no reason or ground for not allowing credit for the TDS in the hands of the proper deductee. The onus for the purpose lies squarely at the door of the Revenue. - firstly, no infirmity attends the impugned order in-as-much as we subscribe to and endorse the directions by the ld. CIT(A) in the matter, i.e., in principle. However, as explained here-in-above, the Revenue is obliged to grant the assessee credit for the TDS of which he is able to satisfactorily prove to the A.O. the factum of deduction of tax at source and its deposit to the credit of the central government, subject of-course to the conditions of sections 198 and 199. The A.O. is accordingly directed to allow the assessee credit for the impugned shortfall, subject to the said verification/s and condition/s - Decided in favour of assesse.

Summary

Issues involved:
- Short credit of tax deducted at source claimed by the assessee

Analysis:
The judgment involves an appeal by the assessee against the Commissioner of Income Tax (Appeals) order partially allowing the assessee's appeal regarding assessment under section 143(3) of the Income Tax Act, 1961 for the assessment year 2009-10. The main issue in the appeal is the short credit of tax deducted at source claimed by the assessee amounting to Rs. 92,52,162. The CIT(A) directed the Assessing Officer to grant correct TDS credit in accordance with the tax deducted and deposited by the deductors. The assessee emphasized its case by providing details of income, original TDS certificates, and deductor-wise tax deducted details. The Departmental Representative relied on the CIT(A)'s directions to the AO for allowing credit as per the law and procedures. The ITAT considered the evidence and concluded that the credit allowed to the assessee was short by Rs. 24,53,334. The ITAT acknowledged the procedural restrictions and guidelines set by the CBDT for TDS verification and credit. The ITAT highlighted the importance of Form 26AS in verifying TDS credits and mentioned the burden of proof on the assessee to claim credit. The ITAT directed the AO to allow credit for the shortfall amount subject to verification and conditions under sections 198 and 199.

In conclusion, the ITAT allowed the assessee's appeal on the terms mentioned in the judgment, emphasizing the importance of proper verification and compliance with TDS procedures. The judgment clarified the responsibilities of the assessee and the Revenue in claiming and verifying TDS credits, ensuring adherence to legal provisions and guidelines.