Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
Tax deducted at source credit cannot be denied merely because the deduction is not reflected on the departmental portal or in Form 26AS; once tax is deducted, the statutory bar against calling on the deductee to pay the same tax applies, and the deductor bears the obligation to furnish statements and deposit the tax. Where Form 16A and deductor certificates carry challan particulars, the Department must verify those particulars and may refuse credit only if they are found incorrect. On the facts noted, the Department was directed to verify the certificates, allow TDS credit if genuine, and grant consequential refund with statutory interest, subject to adjustment of prior dues.
Tax deducted at source credit cannot be denied merely because the deduction is not reflected on the departmental portal or in Form 26AS; once tax is deducted, the statutory bar against calling on the deductee to pay the same tax applies, and the deductor bears the obligation to furnish statements and deposit the tax. Where Form 16A and deductor certificates carry challan particulars, the Department must verify those particulars and may refuse credit only if they are found incorrect. On the facts noted, the Department was directed to verify the certificates, allow TDS credit if genuine, and grant consequential refund with statutory interest, subject to adjustment of prior dues.
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