February 2025

Deduction of tax at source — Self Assessment Tax — Not required where tax deducted at source on payment — Tax deducted at source from amount received by the Assessee — Assessee entitled to benefit u/s. 205 — Assessee need not produce Form 16A.

By Keshav Bhujle | Ritu Punjabi, Advocates

Reading Time 3 mins

77. Incredible Unique Buildcon Pvt. Ltd. vs. ITO:

[2024] 470 ITR 106 (Del)

A. Y. 2011-12

Date of order: 3^rd October, 2023

S. 205 of ITA 1961

Deduction of tax at source — Self Assessment Tax — Not required where tax deducted at source on payment — Tax deducted at source from amount received by the Assessee — Assessee entitled to benefit u/s. 205 — Assessee need not produce Form 16A.

The Assessee provided services to an entity by the name of CAL. The value of the service provided amounted to ₹8,50,26,199. The said entity CAL deducted tax at source amounting to ₹24,96,199. Out of ₹24,96,199 deducted by CAL, only an amount of ₹69,897 was deposited towards TDS and the balance ₹24,26,302 remained to be deposited. As a result, the Department did not give full credit of TDS deducted by CAL and raised a demand.

Therefore, the Assessee filed a writ petition and challenged the non-grant of full credit TDS. The Delhi High Court allowed the writ petition and held as under:

“i) In our view, the petitioner is right inasmuch as neither c

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Deduction of tax at source — Self Assessment Tax — Not required where tax deducted at source on payment — Tax deducted at source from amount received by the Assessee — Assessee entitled to benefit u/s. 205 — Assessee need not produce Form 16A.

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Assessment — Faceless assessment — Intimation u/s. 143 — Procedure — Corrections to returns must be intimated to assessee — Reply by assessee must be considered.

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Brieficles

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About

Reach Us

February 2025

Deduction of tax at source — Self Assessment Tax — Not required where tax deducted at source on payment — Tax deducted at source from amount received by the Assessee — Assessee entitled to benefit u/s. 205 — Assessee need not produce Form 16A.

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Assessment — Faceless assessment — Intimation u/s. 143 — Procedure — Corrections to returns must be intimated to assessee — Reply by assessee must be considered.