The Tribunal held that no credit was claimed in Shri Anand Singhania’s return of income and an affidavit to the said extent was filed by Assessee before the first appellate Tribunal. Considering the facts of the case, the Tribunal held that TDS cannot be denied to Assessee by taking benefit of the mistake in the sale deed when the corresponding capital gain was taxed in Assessee’s name. Accordingly, the claim for TDS by the Assessee was allowed. (AY 2018-19)
Anant Singhania HUF v. ITO (2023) 202 ITD 46/ 226 TTJ 430 (Mum)(Trib)
S. 194I : Deduction at source-Rent-TDS credit cannot be denied to assessee HUF as a consequence of wrong PAN mentioned in the sale deed mistakenly, when corresponding capital gain on relevant transaction was taxed in the assessee HUF’s name .[S.199 Rule 37BA(2)]