The CIT, held that  income received from BALIC was never offered to tax, the assessee is not entitled to be accorded credit of the TDS which was deposited. On writ the Court held that the view taken by the CIT  is clearly misconceived since it ignores the fact that the assessee had consistently asserted that the income received from BALIC would not be taxable in India by virtue of S. 90. The CIT also fails to bear in consideration the indubitable fact that the return of the assessee for asst. AY.  2015-16 was duly processed under S. 143(3) with no additions being suggested. The position as taken by the assessee thus appears to have been duly accepted. Therefore, the CIT has clearly erred in holding that the assessee was liable to offer that income to tax before being entitled to claim the benefit of tax deducted at source. (AY.  2015-16)