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TDS credit allowed despite missing Form 16 and Form 26AS where payslips prove deduction; even if not deposited by deductor / employer
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....ITAT allowed the appeal and directed grant of TDS credit to the assessee despite absence of Form 16 and non-reflection in Form 26AS. The Tribunal found the deductor/employer had deducted tax but failed to remit it, file returns or issue Form 16, thereby breaching Chapter XVII obligations; however, the assessee produced contemporaneous payslips evidencing deduction and could not procure employer records as an ex-employee. The Tribunal held that the revenue cannot deny credit where the assessee has furnished available documentary evidence showing deduction and where noncompliance lies with the deductor; therefore the TDS claimed in the return must be accepted and the appeal allowed.....