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ITAT allowed the appeal and directed grant of TDS credit to the assessee despite absence of Form 16 and non-reflection in Form 26AS. The Tribunal found the deductor/employer had deducted tax but failed to remit it, file returns or issue Form 16, thereby breaching Chapter XVII obligations; however, the assessee produced contemporaneous payslips evidencing deduction and could not procure employer records as an ex-employee. The Tribunal held that the revenue cannot deny credit where the assessee has furnished available documentary evidence showing deduction and where noncompliance lies with the deductor; therefore the TDS claimed in the return must be accepted and the appeal allowed.
ITAT allowed the appeal and directed grant of TDS credit to the assessee despite absence of Form 16 and non-reflection in Form 26AS. The Tribunal found the deductor/employer had deducted tax but failed to remit it, file returns or issue Form 16, thereby breaching Chapter XVII obligations; however, the assessee produced contemporaneous payslips evidencing deduction and could not procure employer records as an ex-employee. The Tribunal held that the revenue cannot deny credit where the assessee has furnished available documentary evidence showing deduction and where noncompliance lies with the deductor; therefore the TDS claimed in the return must be accepted and the appeal allowed.
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