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2015 (9) TMI 64 - AT - Income TaxCredit of tax deducted at source u/s 199 denied - Held that - TDS Certificate has been issued to the assessee only and as per data base of Income-tax department, the TDS is reflecting against the assessee only, therefore allowing credit in the hands of Shri Kapil Ahluwalia was not possible. Neither party should be made unjust enriched at the cost of the other. We hold that the credit of the ₹ 12,23,608/- is allowable in the hands of the assessee, in view of the clear provisions of sub section(1) of section 199 of the Act and Rules made thereunder. However, we direct the assessing officer to verify whether any credit of the TDS of ₹ 12,23,608/- has been allowed by the Income-tax Department in the hands of Shri Kapil Ahluwalia or not. If it has been not allowed, then the credit of this amount should be given in the hands of the assessee. Decided in favour of assessee.
Issues Involved:
1. Credit of Tax Deducted at Source (TDS) under Section 199 of the Income Tax Act, 1961. 2. Proportionate credit of TDS against the tax liability of another recipient. Issue-wise Detailed Analysis: 1. Credit of Tax Deducted at Source (TDS) under Section 199 of the Income Tax Act, 1961: The assessee, engaged in retail business, filed a return declaring an income of Rs. 1,19,89,080. During the assessment, it was noted that the assessee received a commission of Rs. 2,61,18,048 from M/s. Arvind Mills, but credited only Rs. 1,53,18,478 in the Profit and Loss account. The balance was transferred to Shri Kapil Ahluwalia, the assessee's stepson, following a High Court directive. The Assessing Officer (AO) accepted the income transfer as a diversion of income by overriding title but allowed TDS credit only proportionate to the income declared in the P&L account, denying credit for Rs. 12,23,608. The assessee appealed, arguing entitlement to the entire TDS credit under Section 199. The CIT(A) upheld the AO's decision, stating that the assessee did not meet the conditions of Rule 37BA(2) of the Income Tax Rules, which requires a declaration to be filed with the deductor. The Tribunal examined Section 199 and Rule 37BA, emphasizing that TDS credit should be given to the person from whose income the deduction was made, irrespective of the income declared in the return or P&L account. The Tribunal cited precedents, including *Arvind Murjani Brands (P) Ltd. vs. ITO* and *Escorts Ltd. vs. DCIT*, supporting the assessee's claim for full TDS credit. The Tribunal concluded that the AO's interpretation was incorrect and directed the AO to verify if the TDS credit was allowed to Shri Kapil Ahluwalia. If not, the credit should be given to the assessee. 2. Proportionate Credit of TDS Against the Tax Liability of Another Recipient: The assessee's alternative plea was for the CIT(A) to direct the credit of the unallowed TDS to Shri Kapil Ahluwalia. The Tribunal did not adjudicate this plea since the primary issue was resolved in favor of the assessee, making the alternative plea redundant. Conclusion: The Tribunal allowed the appeal partly, directing the AO to verify and, if necessary, grant the TDS credit to the assessee. The decision ensures that neither the assessee nor the department is unjustly enriched, adhering to the provisions of Section 199 and related rules. The appeal was partly allowed for statistical purposes.
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