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TMI Blog2016 (8) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt : The subject matter of challenge in the appeal is a judgement and order dated 20th March, 2009 passed by the learned Income Tax Appellate Tribunal, "A" Bench, Kolkata in ITA 104/Kol/2009 pertaining to assessment year 2005-06 by which an appeal preferred by the revenue was dismissed. The aggrieved revenue has come up in appeal. The following question of law has been suggested :- "Whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y ? From the assessment order the following facts and circumstances are discernable. "It is evident from the TDS certificates submitted along with the return of income during the relevant year, the total rent received by the assessee company was Rs. 1,07,69,778/- against whom TDS of Rs. 5,59,807/- was claimed. But in P/L account, Rs. 33,47,351/- only was taken as the rental income by the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wners of the property including the amount deducted on account of tax. There is, as such, no reason why the assessee should not be entitled to the benefit of the tax deducted at source. Mr.Agarwal seeking to counter the submission advanced by Mr.Mazumder, drew our attention to sub-section (1) of Section 199 of the Income Tax Act, 1961, which provides as follows : " 199. Credit for tax deducted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right in the property. The assessee has collected the rent payable with respect to the property in its entirety and thereafter has passed on the rent including the amount deducted on account of the tax to the other co-owners. There is, as such, no reason why the assessee should not be entitled to enjoy the benefit of tax deducted at source. Mr. Agarwal did not dispute that the assessee has paid th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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