TaxTMI 
TaxTMI 
2026 (2) TMI 79
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....arose from the rectification order passed under section 154 of the Act, for the assessment year 2022- 23. 2. The solitary grievance of the assessee, in the present appeal, pertains to the short grant of TDS credit. 3. We have considered the submissions of both sides and perused the material available on record. The brief facts of the case are that the assessee is a Non-Resident Indian and for the year under consideration filed his return of income in India, declaring a total income of Rs. 67,93,833/-, with total tax payable at Rs. 16,32,155/-. Further, after claiming TDS credit of Rs. 27,08,755/-, the assessee claimed a refund of Rs. 10,76,600/- as per his original return of income. The return filed by the assessee was processed vide ....
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....the aforesaid circumstances, since the entire TDS was deducted by the purchaser on his PAN and his wife, despite offering 50% of the consideration in her return of income did not claim the corresponding TDS credit, therefore, the entire TDS credit of Rs. 22,88,000/- is allowable in his hand. 5. The learned CIT(A), vide impugned order, dismissed the appeal filed by the assessee and held that since only 50% of capital gain has been offered by the assessee in his return of income, therefore, he is eligible to claim only 50% of the TDS credit on the transaction value. The relevant findings of the learned CIT(A), vide impugned order, are reproduced as follows: - "5.1 Ground Nos. 1 to 4:- All the grounds of appeal relate to the common....
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....accepted. Accordingly, Ground Nos. 1 to 4 of the appeal are dismissed." 6. During the hearing, the learned Authorised Representative ("learned AR") reiterated the submissions made by the assessee before the learned CIT(A) and submitted that the entire TDS credit of Rs. 22,88,000/- should be allowed in the assessee's hand, as assessee's wife despite offering the capital gain qua her share has not claimed any TDS credit. In support of the submission, the learned AR placed reliance upon the decision of the Coordinate Bench of the Tribunal in Haddock Propbuild Pvt. Ltd. vs. ITO, in ITA No.3348/Del/2025, vide order dated 17.12.2025. During the hearing, the attention of the Bench was also drawn to the rectification application dated 25.11.2025....
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....se may be, shall be given to the other person and not to the deductee provided that the deductee files a declaration with the deductor and the deductor reports the tax deduction in the name of the other person in the information relating to deduction of tax referred to in sub-rule (1) of Rule 37BA of the Rules. 8. In the present case, the assessee could not bring any material on record to show the compliance with the provisions of Rule 37BA of the Rules by the deductee, i.e. the assessee. Further, as noted above, the assessee's wife has now also filed an application for rectification seeking credit of TDS in respect of the sale consideration offered by her, which has been denied in the hands of the assessee. 9. Having considered these....