TaxTMI 
TaxTMI 
2018 (12) TMI 453
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....icultural land & made TDS thereon and issued TDS certificate to the assessee. The agricultural land in question belongs to HUF of the assessee whereof assessee is Karta and partly of Trimurti Trust whereof assessee is trustee. In the 7/12 extract of the land assessee's name is mentioned without any adjunct as Karta. The entire compensation amount of agricultural land is issued in the name of assessee and the same is exempt u/s 10(37) of I. T. Act and no TDS is required to be made on this amount. However as TDS is made, TDS certificate is issued in the name of assessee and the same reflects in Form 26AS of the assessee. The same is claimed by the assessee in the return & refund was also issued in the individuals hands of the ass....
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....DO, Amravati, for TDS deducted on account of compensation paid for acquisition of agricultural land. The assessee further submitted that the Government of India has acquired agricultural land owned by Shri S.B. Atal (HUF), Shri J.B. Atal (HUF), Shri R.B. Atal (HUF) and Shri M.B. Atal (HUF) of the purpose of development of Airport and TDS has been deducted under section 194LA on compensation paid for compulsory acquisition of agricultural land. While deducting TDS, the SDO has remitted TDS by using the PAN of Shri Ratanlal Biharilal Atal, in his individual capacity. But the land is owned by HUF and compensation has been paid for HUF for compulsory acquisition of agricultural land. The HUFs have filed their income tax return disclosing compen....
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.... the name of the deductee i.e. the appellant. The present AO is accordingly directed to refer the matter to concerned AO of HUF in this regard." 4. The learned Authorised Representative for the assessee submitted that the learned Commissioner (Appeals) having accepted the fact that the credit for TDS has not been claimed in the hands of the HUF failed to give direction to the Assessing Officer to give credit for TDS in the hands of the assessee when the TDS certificates are in the name of the assessee. The learned Authorised Representative further submitted that the learned Commissioner (Appeals) never disputed the fact that the HUFs have disclosed compensation received on account of compulsory acquisition of agricultural land in their r....
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.... base and also the fact that the 6 particular income is not taxable either in the hands of the assessee or in the hands of the HUF credit for TDS cannot be rejected merely on the ground that the corresponding income has not been offered to tax. 7. Having considered the arguments of both the parties, we find merit in the arguments of the assessee for the reason that when a particular income is exempt from tax in view of specific provisions provided under section 10(37) of the Act and also the fact that the HUFs have declared the compensation received on account of compulsory acquisition of agricultural land in their return of income and claimed exemption under section 10(37) of the Act there is no reason for the Assessing Officer to deny ....