Income by way of compensation was exempted in view of provision of S 10(37), assessee claimed refund of TDS credit stating that benefit of TDS certificate was mistakenly issued in his PAN name. AO denied claim of assessee holding that credit for TDS could be given to person in whose hand income was assessed, i.e., HUF. Tribunal held that since income by way of compensation was exempt in view of specific provisions of S. 10(37) and also fact that HUF had declared compensation in its return of income and claimed exemption under S. 10(37), the AO was not justified to deny credit for TDS merely on ground that no income was offered to tax in hands of assessee.( AY. 2013-14)
Ratanlal Biharilal Atal v. ITO (2018) 173 ITD 569/ ( 2019) 175 DTR 156 / 198 TTJ 1019(Nagpur)(Trib.)
S. 199 : Deduction at source-Credit for tax deducted-TDS related to HUF was credited to assessee’s TDS account-HUF had not availed benefit of such TDS certificate- Denial of refund is held to be not justified. [ S. 10(37), 194LA]