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The ITAT held that the assessee is entitled to credit for TDS deducted on the sale consideration of property registered in the name of the assessee's wife, as the income from the sale was declared and accepted in the assessee's return. The tribunal emphasized that Section 199 read with Rule 37BA(2) treats TDS paid as tax payment on behalf of the owner whose income is charged to tax. Non-compliance with procedural aspects under Rule 37BA by the wife does not preclude the assessee from claiming TDS credit. Additionally, since the wife did not claim the TDS credit in her return, the credit rightfully belongs to the assessee. The AO was directed to grant the TDS credit to the assessee, allowing the appeal.
The ITAT held that the assessee is entitled to credit for TDS deducted on the sale consideration of property registered in the name of the assessee's wife, as the income from the sale was declared and accepted in the assessee's return. The tribunal emphasized that Section 199 read with Rule 37BA(2) treats TDS paid as tax payment on behalf of the owner whose income is charged to tax. Non-compliance with procedural aspects under Rule 37BA by the wife does not preclude the assessee from claiming TDS credit. Additionally, since the wife did not claim the TDS credit in her return, the credit rightfully belongs to the assessee. The AO was directed to grant the TDS credit to the assessee, allowing the appeal.
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