2025 (5) TMI 1484

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....sidering the submission made during appellate proceeding confirmed the action of the CPC by not providing the credit of entire TDS on sale of property. 3. The relevant facts are that the assessee is an individual. The assessee, after the death of her husband, inherited a house property along with 4 sons and a daughter. As per Muslim religious practice the property was inherited in the following ratio among the legal heirs. S. No. Name of legal heir Relation Ratio 1. Baderunnisa (appellant assessee) Wife 12.50% 2. Mubeen Ahmed Son 19.44% 3. Amin Ahmed Son 19.44% 4. Moin Ahmed Son 19.44% 5. Momin Ahmed Son 19.44% 6. Firdose Ziauddin Daughter 9.74% 4. Dur....

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....Rule 37BA(2) specifically provides for such kind of scenario. As the total deduction has been incorrectly made in the name of the appellant, she was required to file a declaration with the deductor for issuing the certificates in the name of the correct deductees. Furthermore, section 199 read with Rule 37BA specifically provides for giving credit for the tax deducted at source to the extent the corresponding income is offered to tax. As the AO, CPC has restricted the TDS credit in accordance with provisions of section 199 r.w.r. 37BA, I found no infirmity in the order of the AO, CPC. This ground of appeal is therefore, dismissed. 7. Being aggrieved by the order of the learned CIT(A), the assessee is in appeal before the Tribunal. 8. ....

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....ld. DR vehemently supported the order of the authorities below. 11. I have heard the rival contentions of both the parties and perused the materials placed on record. It is an undisputed fact that the entire sale consideration was deposited into the bank account of the assessee, and the TDS was deducted and reflected in her name alone. This arrangement was in consequence of the buyer's condition, and the deduction of TDS was appropriately made under section 194-IA of the Act. The assessee, in turn, discharged the capital gains tax liability in full, not only for herself but also on behalf of the other legal heirs, followed by appropriate distribution of the net proceeds. The advance tax payments were made by the co-owners towards their r....