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TMI Blog2015 (3) TMI 221X X X X Extracts X X X X X X X X Extracts X X X X ..... ect. 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only issue arising in the instant appeal is the short credit of the tax deducted at source, claimed by the assessee in the sum of ₹ 92,52,162/- per its return of income. The ld. CIT(A), before whom the assessee carried the matter in appeal, claiming the short deduction at ₹ 24,53,334/-, decided the matter thus: '5.1 I have carefully and dispassionately considered the facts and circumstances of the case. As far as ground of appeal no. 1 2 are concerned, the LAO is directed to grant correct TDS credit in accordance with the tax deducted and deposited by the deductors in the name of present appellant during the financial year 2008-09 relevant to assessment year 2009-10 and in accordance with the CBDT's circular/in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perused the material on record. 4.1 The assessee has, as it appears to us from the income tax computation form, forming part of the order u/s.143(3) dated 29.12.2011 (copy on record), been allowed credit in the sum of ₹ 67,98,828/- toward TDS for the relevant year, so that there is apparently a short deduction for a sum of ₹ 24,53,334/-, i.e., as claimed before the ld. CIT(A), even as the amount of short fall has not been specified by the assessee per its grounds of appeal. 4.2 The directions by the ld. CIT(A), under challenge before us, are clear and explicit. If, therefore, the credit is not being able to be allowed to the assessee on account of some procedural restrictions, as for example the circulars or instructions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter. How can credit to be allowed to an assessee in excess of the amount reflected in his account (Form No. 26AS) for the relevant year, so that the same has to be necessarily restricted thereto. 4.3 The issue or the imbroglio, however, has to be resolved. We have given our careful and anxious consideration to the matter. In our view, 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 bear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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