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August 20, 2022

TDS credit allowed in the year in which income is offered by the assessee

by CA Shivam Jaiswal in Income Tax, Legal Court Judgement

TDS credit allowed in the year in which income is offered by the assessee

Facts and Issues of the case

In the instant case  the  tax  has  been deducted by the payer in Financial Year 2014-15 relevant to Assessment Year 2015-16 for which the invoice was drawn by the payee in Financial Year 2015-16 relevant  Assessment Year  2016- 17. The assessee thus has included an income of Rs.57, 05,156/- in the Assessment Year 2016-17, i.e., in the year in which invoice has been raised and income accrued to the assessee.

However, the Assessing Officer had denied the corresponding credit of TDS in the Assessment Year 2016-17. The assessee has  also  not claimed the credit for TDS in Assessment  Year  2015-16  where  the deduction was carried out by the payer and reflected in  the form 26AS of that Assessment Year. This has resulted in double jeopardy leading to paying the taxes twice.

Observations by the Court

As per the law laid down in Section 199 r.w. Rule 37BA (3), the credit for TDS shall be allowed by the Assessing Officer in the year when the income has been offered by the assessee. In the instant case, the income has been offered by the assessee in the year of its accrued in Assessment Year 2016-17 and rightly so, hence the credit for TDS deserves to be allowed in Assessment Year 2016-17 as claimed in terms of Section 199 r.w.  Rule 37BA (3). 

Thus, the position of law being clear, we have no hesitation to accept the plea of the assessee. Denial of TDS credit in contradiction to the plain provisions of  Section 199  r.w. Section Rule 37BA is clearly in the  league  of  apparent  error  and  thus liable to be rectified under Section 154 of the Act.

Hence, the assessee would be  entitled to claim of  credit of TDS corresponding to the income reported in Assessment Year 2016-17 itself, provided the  assessee has  not  claimed  any  credit for TDS in earlier  Assessment Year  2015-16. On being satisfied, the Assessing Officer shall grant the TDS credit in terms of observations made hereinabove.

Conclusion

The credit for TDS shall be allowed in the year when the income has been offered by an individual.

Ujjwal-Singh-Vs-DCIT-ITAT-Delhi

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