Income Tax

TDS credit for wrong PAN mentioned in TDS return by employer – ITAT Order

TDS credit for wrong PAN mentioned in TDS return by employer- ITAT directs Assessing Officer (AO) to give credit of TDS to the assessee after verification

ABCAUS Case Law Citation:
ABCAUS 2782 (2019) (02) ITAT

The sole issue involved in the instant appeal was that the CIT(A) had not allowed credit for TDS which was deducted from the assessee but was not appearing in Form 26AS.

The assessee had filed a rectification request u/s 154 of the Income Tax Act, 1961 (the Act) However, the TDS credit was not allowed.

Though the CIT(A) observed that apparently the deductor had mentioned wrong PAN in the TDS return and hence the TDS in question was not appearing in 26AS. However, the CIT(A) was of the view that this defect had to be rectified by the deductor and unless, this was done, credit of tax could not be given to the correct deductee as credit might have gone to the wrong PAN holder in whose name TDS had been shown by the deductor.

Therefore, the CIT(A) held that there was no infirmity in the order passed u/s 154 of the Act in allowing credit for TDS against which wrong PAN of the assessee had been shown by the deductor.

Before the Tribunal, the assessee filed copy of Form No. 26AS and a screen shot taken from Income Tax website and ITD system showing wrong PAN mentioned in TDS return by employer not in existence. The assessee also filed communication from employer in this regard.

The assessee relied ipon the CBDT Instruction no. 275/29/2014-IT-(B) which instructed the Income Tax Officials not to enforce demands on account of tds credit mismatch and submitted that the AO may be directed to allow credit of the TDS.

The Tribunal restored the issue to the file of the AO for verification of TDS allowable to the assessee from the documents to be furnished by the assessee before him and allow credit if satisfied with the verification of the documents.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Assessee eligible for Chapter VIA deduction u/s 80IE on increased income due to disallownces

Assessee is eligible for claiming deduction under Chapter VIA under Section 80IE of the Income Tax Act 1961 on the…

10 hours ago
  • Income Tax

Assessee filing ITR under presumptive tax can’t be faulted for not giving details not mandated

Assessee could not be faulted for showing only cash in hand and bank balance as capital following presumptive taxation when…

15 hours ago
  • Income Tax

Sale of flats in a real estate project held capital gains considering intention of assessee

Sale of flats in a real estate project held capital gains as intention of the assesee was to hold that…

2 days ago
  • Income Tax

Interest liability recognised by journal entries at the close of year, can’t be termed as fictitious – ITAT

Merely because interest liability was recognised by journal entries at the close of the year, it does not make expenditure…

2 days ago
  • Income Tax

Cash deposits in bank which were immediately transferred to other accounts – addition deleted

Addition for cash deposits in bank account which were immediately transferred to other accounts deleted in absence any enquiry by…

3 days ago
  • Income Tax

ITAT disallows 6% for alleged bogus purchases being appropriate

ITAT disallows 6% for alleged bogus purchases as purchases from unregistered dealers could not be ruled out. In a recent…

3 days ago