2007 (9) TMI 435

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....he assessee joined the company M/s. Ways India Ltd. as CEO on 3-10-2000 and continued in this employment till January 2002. In the assessment year under appeal, i.e., 2002-03, the assessee's employer M/s. Ways India Ltd. deducted the TDS at source on the salary as under : 1.Total receipts by the assessee -Rs. 93,63,954 2.TDS made -Rs. 22,49,401 3.Net receipts by the assessee -Rs. 71,14,553 Similarly, the assessee has received professional fees from the company Enro Discover India Ltd. as under : 1.Total receipts Rs. 81,91,351 2.TDS Rs. 4,16,351 3. Net receipts Rs. 77,75,000 No TDS certificate was issued by the employer to the assessee. He however filed the return of income claiming the TDS deducted ....

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....relief to the assessee. He, however, admitted the additional ground and directed the Assessing Officer to verify from the TDS Wing to establish whether the payers actually deducted the tax and/or filed the TDS return or not. If yes, the Assessing Officer is directed to give full credit of the TDS made on the basis of such verification report from the TDS Wing of the Income-tax Department. CIT(A) in the alternative has directed the Assessing Officer that in case, the credit for TDS cannot be made, at least the corresponding receipts should be reduced so that only the net receipts credited in the bank account be treated as the gross receipts on which the assessee may agree to pay the taxes again, can be considered sympathetically. He, however....

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....nts, the amount credited to the assessee's account can only be proved but these entries could not establish the deduction of TDS by the employer at the time of payment. The Ld. DR further contended that the CIT(A) has no jurisdiction to issue the directions to treat the credited amount in assessee's account as a gross receipts for the purpose of taxation. 8. Having heard the rival submissions and from the careful perusal of the records, we find that assessee has filed few payslips that is for the month of April to July 2001 and from its perusal it appears that TDS was deducted at the time of payment and the net amount shows in the payslip was credited to the bank account of the assessee. We have also examined Form No. 16 filed by the ass....