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In our view, though Form 26AS (r/w r.3 1AB
and ss. 203AA and 206C(5)) represents a part of a wholesome procedure designed
by the Revenue for accounting of TDS (and TCS), the burden of proving as to why
the said Form (Statement) does not reflect the details of the entire tax
deducted at source for and on behalf of a deductee cannot be placed on an
assessee-deductee. The assessee, by furnishing the TDS certificate/s bearing
the full details of the tax deducted at source, credit for which is being
claimed, has in our view discharged the primary onus on it toward claiming
credit in its respect. He, accordingly, cannot be burdened any further in the
matter. The Revenue is fully entitled to conduct proper verification in the
matter and satisfy itself with regard to the veracity of the assessee’s
claim/s, but cannot deny the assessee credit in respect of TDS without
specifying any infirmity in its claim/s. Form 26AS is a statement generated at
the end of the Revenue, and the assessee cannot be in any manner held responsible
for any discrepancy therein or for the non-matching of TDS reflected therein
with the assessee’ s claim/s. Where so, no doubt a matter of concern, is one
which is to be investigated and pursued by the Revenue, which is suitably armed
by law therefor. The plea that the deductor may have specified a wrong TAN, so
that the TDS may stand reflected in the account of another deductee, is no
reason or ground for not allowing credit for the TDS in the hands of the proper
deductee. The onus for the purpose lies squarely at the door of the Revenue. In
our considered view, therefore, firstly, no infirmity attends the impugned
order in-as-much as we subscribe to and endorse the directions by the ld.
CIT(A) in the matter, i.e., in principle. However, as explained here-in-above,
the Revenue is obliged to grant the assessee credit for the TDS of which he is
able to satisfactorily prove to the A.O. the factum of deduction of tax at
source and its deposit to the credit of the central government, subject
of-course to the conditions of sections 198 and 199. The A.O. is accordingly
directed to allow the assessee credit for the impugned shortfall, subject to
the said verification/s and condition/s. We decide accordingly.
Source- LSG Sky Chef (India) (P.) Ltd. Vs.
DCIT (ITAT Mumbai), ITA No. 4828 (MUM.) of 2012, Date of Order: 27.03.2012
