9911796707
TMI Blog2024 (10) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... e been dishonored and the Assessee has filed the case for recovery before the High Court. The Ld. CIT(A) in the case of co-owner, in similar circumstances, allowed TDS credit by following Judgment of Hon ble Bombay High Court in the case of Yashpal Sahni [ 2007 (7) TMI 7 - HIGH COURT , BOMBAY ] The case of the present Assessee being identical, the Department of Revenue cannot have different view and deny the benefit. We set aside the order of the CIT(A) and direct the Department to allow the TDS credit to the Assessee and consequential benefits. Appeal filed by the Assessee is allowed. - Sh. Pradip Kumar Kedia, Accountant Member And Shri Yogesh Kumar U.S., Judicial Member For the Assessee : Sh. R. K. Kapoor, CA For the Department : Ms. Sm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uce the confirmation from tax deductor regarding deduction and non-deposit of TDS. Further submitted that the Appeal of the Assessee has been erroneously dismissed by the Ld. CIT(A) for the reason that the Assessee failed to prove that any TDS was deducted by the tenant and not deposited. The Assessee's Representative also drawn our attention to the case of the co-owner namely Sh. Krishna Saran Dass who is none other than son of the Assessee and on an identical facts for the identical period, the Ld. CIT(A) -8 New Delhi vide order dated 31/10/2019, allowed the TDS Credit. The Ld. CIT(A)in the case of co-owner held that once the TDS has been deducted by the buyer, then u/s 205 of the Act recovery to such an extent could not be made from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he name of Krishna Benefit Trust was included in the taxable income of the Assessee. However, such credit given by the AO should be in accordance with the procedure laid down under the provisions of Section 199 of the Act read with Rule 37BA of the Income Tax Rules (given that in this case much time has not passed since the event arose) and after thorough verification. The appeal of the Assessee thus stands allowed. 6. It is found that the rental cheques issued by the tenant to the Assessee have been dishonored and the Assessee has filed the case for recovery before the High Court. The Ld. CIT(A) in the case of co-owner, in similar circumstances, allowed TDS credit by following Judgment of Hon ble Bombay High Court in the case of Yashpal Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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