TDS deducted in the name of company before amalgamation - how to claim credit

[Ashish Gupta]

In the year of 2006 (A) Pvt. Ltd. company was merged with (B) Ltd. company and after merger (A) amalgamating company was dissolved. Some parties of Amalgamating Company deducted TDS and filed quarterly TDS return mentioning PAN no. of Amalgamating Company and issued TDS Certificate bearing the PAN no. of Amalgamating company and therefore 26AS of Amalgamated company is not showing said tax credit instead of pointed out said fact they straightaway refused our request and not agreeing for filing revise return. Now my question is the TDS deposited in the PAN no. of Amalgamating company can be consider deposited to the account of amalgamated company as the fact of merger has also been informed to the Asst. Comm. of IT having jurisdiction over amalgamating company and after the amalgamation amalgamating company has been dissolved, in case of no then what ELSE remedy for us. Please provide your valuable reply.

AI Summary

Amalgamated Company Denied TDS Credit Post-Merger; Liabilities and Benefits Should Transfer, Despite Lack of Explicit Legal Provisions A private company merged with another company in 2006, leading to the dissolution of the former. Tax Deducted at Source (TDS) was deducted under the former company's PAN, and the credit does not appear in the amalgamated company's records. Despite notifying the Assistant Commissioner of Income Tax about the merger, the request to revise the TDS return was denied. The response suggests that the amalgamated company should be allowed TDS credit, as liabilities and benefits transfer to the amalgamated entity post-merger, although the relevant legal provisions are not explicit on this matter.