2026 (1) TMI 610

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....of appeal are as under:- "1. Whether the Ld. CIT(A) was right in upholding the order dated 02.01.2023 passed u/s 143(1) of the Income Tax Act, 1961? 2. Whether the Ld. CIT(A) is right in law and on facts in disallowing the credit of Tax Deducted at Source to the tune of Rs. 9,82,156/- lying to the credit of the Appellant? 3. Whether the Ld. CIT(A) was right in law and on facts in denying the refund of TDS along with interest accrued thereon to the Appellant. 3. The Assessee along with his wife Smt. Vimlaben Jerambhai Patel and his son Shri. Darshanbhai Jerambhai Patel sold immovable property situated at Omkar Complex, Bhavanagar, Gujarat. The said immovable property is 4 stories building which consists of two r....

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....n of Income on 07.12.2022 declaring total income of Rs. 5,40,311/- and claiming the refund amount of Rs. 9,93,710/- after considering TDS Credit of Rs. 9,82,156 pertaining to Unit at Ground Floor and Unit No. 101 at First Floor, in View of Section 199 of the Act read with Rule 37BA of the Act. The same was processed u/s 143(1) of the Act, determining total income at Rs. 5,40,311/- and refund due of Rs. 11,960/-. The Assessee once again filed revised Return of Income on 30.12.2022 without modifying total income and claiming refund amount of Rs. 9,93,710/-. 3.3. The CPC, while processing the return, disallowed the TDS Credit of Rs. 9,82,156/- pertaining to unit at Ground Floor and Unit No. 101 at First Floor in the hands of the Assessee. ....

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....rmitted by the Assessee wife and his son. The agreement for sale was in the name of the assessee's wife and assessee's son and there was no authority given to the assessee being a confirming party in the sale agreement for sale of property. Thus, as per the facts on record, the Assessee's claim that of TDS deduction should be credited in the Assessee's account, will not come into the picture as the family arrangement has not reflected in the final agreement for sale, while the signatory parties are only assessee's wife and assessee's son. The purchaser of the building have deducted TDS in the hands of Smt. Vimlaben Jerambhai Patel and Shri. Darshanbhai Jerambhai Patel. Therefore, we direct the Revenue that the credit for TDS should be given....