2022 (8) TMI 98

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....t by: Ms. Anupama Singla, Sr.DR ORDER PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed by the Assessee against the order of the Commissioner of Income Tax (Appeals)-IV, New Delhi ('CIT(A)' in short) dated 30.05.2019 arising from the assessment order dated 28.12.2018 passed by the Assessing Officer (AO) under Sect ion 143(3) of the Income Tax Act, 1961 (the Act) concerning....

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....fore the CIT(A). The CIT(A) however declined to grant relief in Assessment Year 2016-17 in question but however directed the Assessing Officer to allow such credit in the succeeding assessment year, i .e., Assessment Year 2017-18 on the basis of form 26AS concerning Assessment Year 2017-18. 4. Aggrieved by the postponement of credit of TDS made available to the assessee in Assessment Year 2017-....

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..../2018 order dated 8th June, 2020 to contend that the TDS credit cannot be postponed to a different assessment year on the basis of deduction carried out by the deductor when the accrued income from such transact ion has been reported in the earlier assessment year. 6. A combined reading of Section 199(3) r.w. Rule 37BA(3) makes the position of law clear that credit for TDS is available in the y....

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....e finding of the Revenue Authorities below is available to show as to whether tax credit for TDS reflected in form No. 26AS in Assessment Year 2017-18 has been claimed or otherwise in that assessment year. A verification of factual position is required to shun the possibility of double claim. The assessee shall be entitled to credit of TDS corresponding to the income reported in the Assessment Yea....