Denial of TDS credit post amalgamation and merger proceedings - ...

Demerger/transfer: Resulting/transferee company eligible for TDS credit, even if TDS certificates in demerged/transferor's name. Verify relevant income & allow TDS credit.

Case Laws     Income Tax

July 8, 2024

Denial of TDS credit post amalgamation and merger proceedings - scheme of arrangement approved by NCLT - assessee contended that due to the scheme of arrangement, the operations and income of the amalgamated and merged company continued until the date of the NCLT order, while processing the return, the CPC considered the income but did not grant the corresponding TDS credit - HELD THAT:- The resulting company in a demerger and the transferee company in a transfer are eligible to claim TDS credit even if the TDS certificates are in the name of the demerged/transferor company. As noted that the assessee itself is Deductor and Deductee company is a merged entity. Therefore, the Ld.CIT(A) should have decided on the facts and merits of the case. Thus, we set aside the order of the Ld.CIT(A) and direct the AO to allow the TDS credit to the assessee, after verifying that the relevant income has been assessed in this year. Assessee appeal allowed.

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