Form 26AS can be taken for computing TDS Credit instead of Form 16A: Calcutta HC upholds order of ITAT [Read Order]

A Division Bench of Calcutta High Court has recently upheld the observation of the Income Tax Appellate Tribunal (ITAT) that Form 26AS can be used for the computation of Tax Deducted at Source (TDS) credit instead of Form 16A-TDS Certificate.

The Department, aggrieved by the order of the Income Tax Appellate Tribunal (ITAT), approached the Calcutta High Court, invoking the Special Income Tax Jurisdiction under Section 260A of the Income Tax Act, 1961.

The revenue raised the question as to whether the Income Tax Appellate Tribunal has erred in holding that the amount shown in 26AS only should be taken into consideration even when the TDS certificate indicates a higher receipt.

For the appellant/revenue, Tilak Mitra appeared and  Himangshu Kumar Roy assisted by Paban Kumar Roy and Bhaskar Sengupta represented the respondent/assessee.

Having no substantial question of law to be answered as the Appellate Authority had passed a reasoned order with extensive efforts made for fact-finding.

It was observed from the order of the Appellate Authority that, “Simply because there is difference in the claim of assessee in respect of TDS credit and the corresponding income, the AO has made the addition which cannot be accepted when the Form 26AS gives a different picture, which also assessee has no control”.

It was further observed that, “26AS Forms are generated by the Income-tax department and the figures come close to the assessee’s contention.”

In view of the observations above, the Tribunal had held that “the assessee’s income should be taken as Rs.3,95,030/-, which is shown in Form 26AS (downloaded from the Income tax Department website) and she should be given TDS credit of only Rs.39,569/- as reflected in the Form 26AS.”

The Calcutta High Court Bench of Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya upheld the order of the Income Tax Appellate Tribunal (ITAT) as there were no substantial questions of law to be answered.

To Read the full text of the Order CLICK HERE

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PRINCIPAL COMMISSIONER OF INCOME TAX, SILIGURI Vs NIRMALI BHADRA , 2022 TAXSCAN (HC) 1048 , ITAT/233/2022 GA/2/2022 , 16th December, 2022.