HC upheld denial of TDS credit to appellant who filed NIL return ...

TDS Credit Denied Under Section 198 When NIL Return Filed Despite TDS Certificates Showing Income Received

February 20, 2025

Case Laws Income Tax HC

HC upheld denial of TDS credit to appellant who filed NIL return while claiming TDS benefits. The income corresponding to claimed TDS was reported by ISPL, not the appellant. Court determined that TDS credits must align with reported income under Section 198, which treats tax deducted as income received. Filing NIL return while seeking TDS benefit creates incongruence, violating Sections 198 and 199 of Income Tax Act. Since appellant failed to report income related to TDS certificates and provided no evidence regarding ISPL's tax treatment of relevant amounts, TDS credit was rightfully denied. Revenue's position sustained.

View Source

← Previous Next →

HC upheld denial of TDS credit to appellant who filed NIL return ...

TDS Credit Denied Under Section 198 When NIL Return Filed Despite TDS Certificates Showing Income Received

February 20, 2025

Case Laws Income Tax HC

You may also like:

Credit of the TDS was not claimed in return of income because of non-appearance in the Form 26AS at the time of filing return of income, however knowing the correct...

Non-filer assessee had taxable income but failed to file return u/s 139(1), later filed return in response to notice u/s 148 without considering section 50C provisions,...

Assessee's claim for foreign tax credit u/s 90 allowed despite delay in filing Form No. 67 after due date of filing return u/s 139(1). Delay in filing Form 67 cannot...

Tax deducted at source (TDS) credit was denied in the intimation u/s 143(1) to the assessee. The Commissioner of Income Tax (Appeals) upheld the Centralized Processing...

Credit of TDS - Deductor deducted the TDS in the subsequent year - Income was shown in the ITR for the earlier year - since the assessee has shown income, the assessee...

Penalty u/s.271AAB - Belated filing of regular return after search - Penalty cannot be levied u/s.271AAB of the Act, in respect of income disclosed in regular return of...

Penalty u/s 272A(2)(e) - return in this case was filed on 12/07/2017 as late by 2537 days - the assessee has filled its return of income declaring the nil income and...

Foreign Tax Credit (FTC) under Article 24(2) of the India-UK DTAA read with Section 90 - As the assessee has filed original return of income before the due date of...

Validity of SCN - Reversal of Input Tax Credit - In the show-cause notice, the respondents have alleged that the notice i.e. petitioner has willfully filed the return on...

Deduction u/s. 80IB(10) - non filling of return on time - the ITAT held that the return filed beyond the due date cannot claim deduction under section 80IB(10) as per...

Penalty u/s 271(1)(c) - employer issued revised TDS certificate with additional salary u/s 192 - Assessee filed the income tax return based on the old TDS certificate...

Striking off a company from register of ROC - failure to file balance sheet and annual returns since 2011 - If Income Tax Return is Nil it will have to be read as Nil...

Benefit of accumulation of income u/s.11(2) - denial of claim on non-submission of Form No.10 along with return of income - In this case, the assessee claims that...

Maintainability of petition - availability of alternative remedy - transitional credit - no bar for filing return in GST portal of Telangana where petitioner's branch...

Denial of TDS credit - Credit deferred to next year - To rest the adjudication, it suffice to voice that, the combined reading of Section 199(3) r.w. Rule 37BA(3) makes...

Quick Updates: