failed to grant the entire TDS credit as
reflected in Form 26AS.
6. The Tribunal in terms of its judgment rendered on 21 February ... source amounting to 2,03,36,66,
125, though reflected in Form 26AS, we direct the Assessing
officer to verify the same and grant correct
figures as
reflected in the Tax Credit Statement being Form 26AS, which
included TDS of INR 5,95,549/- deducted by BALIC ... account of the said amount having by then being
captured in Form 26AS and which amount had remained unclaimed
Authority, however, has chosen to rest its
conclusions based on the Form 26AS statement and other material to
come to render a finding that ... amounts of commission received
by them commission shown in the Form 26AS and that shown in
the balance sheets had, in TABLE E of their
challan and reflected in form no. 26AS and/or Rs. 40,90,620/-
reflected in the revised computation of income issued alongwith the
order passed ... requirement of amending the original order of assessment in case a
Form 26AS comes to be placed before it subsequently. While
examining this aspect
said amount of INR
74,57,997/- duly reflected in the Form 26AS of the petitioner,
however, the same was not claimed in the Return ... either subsequently credited or comes to be reflected
in Form 26AS after a time lag. An assessee may face such a spectre
on account
framed not taking into account the total tax as reflected in Form
26AS.
2. As per the respondents, the refund has been duly computed ... accepted
in terms of the particulars as they appear in the Form 26AS which has
been duly provided to the Assessing Officer
payable on
compensation, the same was not reflected in the Form 26AS of the
petitioner.
5. This constrained him to approach this Court ... impugned order, the aforesaid credit was not
reflected in the Form 26AS. Clearly, therefore, the petitioner cannot
be penalized for the mere reason that
more Tax Deducted at Source ["TDS"] than reflected in
Form 26AS?
2. We note that in so far as question (a) is concerned ... fact that the assessee
has not claimed more TDS than reflected in 26AS statement, had
deleted the addition. The reasoned finding
Foreign Income and Assets)and
Imposition of Tax Act, 2015
39. Form 26AS downloaded from the website of Income Tax
Department for the last five
Bishamber Dayal Chander Mohan vs Income Tax Officer Ward 58(3) on 28 October, 2024
