Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
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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