Assessee Wins: Court Rules TDS Credit Denial Unjust Due to Deductor's Failure to Deposit Tax, Orders Further Verification.

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Full Text of the Document

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....Non-grant of credit of TDS due to deductor's failure to deposit tax with the government - HELD: No discrepancy found in assessee's documents. No independent verification done from deductor despite assessee providing complete details. Corresponding income declared by assessee. Denying TDS credit for deductor's failure to deposit tax contravenes Section 205. Once tax deducted, deductee cannot be penalized or demanded for TDS shortfall. Reliance placed on judicial pronouncements. CIT(A) erred in interpreting judgments. Inability to obtain Form 16A due to deductor's mischief cannot be basis to deny TDS credit or refund if assessee otherwise eligible. Issue decided in assessee's favor. Error in computing demand - issue allowed for statistical purposes for AO to verify facts and pass order accordingly.....