TMI BlogProblems faced by assessees in getting due credit for tax deducted at source under section 199X X X X Extracts X X X X X X X X Extracts X X X X ..... ng faced by the assessees in getting due credit for tax deducted at source under the provisions of section 199 of the Income-tax Act, 1961 in respect of tax deducted in terms of section 194-I of the Act. Such problems in getting due credit for tax deducted at source mainly relate to the following situations : ( a ) Tax is deducted at source under the provisions of section 194-I of the Act on adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty is taxed on the basis of annual letting value whereas the tax is deducted at source on the entire amount of advance rent pertaining to more than one financial year. Therefore, credit for entire amount of tax deducted at source is not allowed in terms of section 199 of the Act because the credit is to be given for the assessment year for which such income is assessable. Thus, the assessees do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cial years. The credit is not given in the hands of the assessees in whose names Certificate for tax deduction at source stands because there is no relatable rental income and, further credit for tax is not allowed to any person other than the person in whose name Certificate for tax deducted at source has been issued. Thus, in such cases, even though tax has been deducted at source and paid to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of tax deducted at source, which has not been given credit so far, shall be allowed in the assessment year relevant to the financial year during which the rent agreement gets terminated/cancelled or rented property is transferred and balance of advance rent is refunded to the transferee or the tenant, as the case may be. Circular : No. 5/2001, dated 2-3-2001 . - Circular - Trade Not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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