HASMUKH DAVE DISC FAMILY TRUST,AHMEDABAD V. THE ITO, WARD-1(2)(3), AHMEDABAD

ITA 13/AHD/2025

AI Insights

The case involves the Hasmukh Dave Disc Family Trust appealing against the denial of TDS credit amounting to Rs. 30,490 by the Assessing Officer. The TDS was deducted in the name of the trustee, Husmukhbhai, rather than the trust itself. The trust argued that although the fixed deposits were initially in the name of the trustee, they were transferred to the trust, and the interest income was declared under the trust's name. The Departmental Representative supported the lower authorities' decision, emphasizing the TDS was in the name of an individual, not the trust. The Tribunal considered the arguments and directed a verification of the income declaration under the trust's name to potentially allow the TDS credit accordingly.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 35047 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2022-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK KUMAR SUTHAR
• Assessee Lawyers: HEMANSHU SHAH
• Keywords: TDS
• Section: 143(1)

Judgement Text

"THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “SMC” BENCH Before Shri Sanjay Garg, Judicial Member Hasmukh Dave Disc Family Trust, G 79 Ratilal Park Suci, Darpan Panch Rasia, Navrangpura, Ahmedabad-380009 PAN: AABTH6679R (Appellant) Vs The Income Tax Officer, Ward-1(2)(3), Ahmedabad (Respondent) Assessee by: Shri Hemanshu Shah, A.R. Revenue by: Shri Ashok Kumar Suthar, Sr. D.R. Date of hearing : 06-03-2025 Date of pronouncement : 20-03-2025 आदेश/ORDER The present appeal has been filed by the Assessee against the order passed by the Learned Commissioner of Income Tax, Appeal/Additional/Joint Commissioner of Income Tax, Appeal [hereinafter referred to as “CIT(A)’] dated 07.11.2024 arising out of the assessment order passed u/s. 143(1) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Year 2022-23. ITA No. 13/Ahd/2025 Assessment Year 2022-23 I.T.A No. 13/Ahd/2025 Hasmukh Dave Disc Family Trust., A.Y. 2022-23 2 2. The sole issue involved in this appeal is relating to the denial of credit of TDS amounting to Rs. 30,490/-. 3. The Assessing Officer (in short “A.O.”) denied the credit of TDS observing that the TDS was deducted in the name of the trustee namely Husmukhbhai and not in the name of the trust. The ld. counsel for the assessee has submitted that the assessee trust is a family trust. The fixed deposits in the bank were made in the name of trustee namely Hasmukhbhai. However, the same was transferred to the trust and even the interest income has also been offered in the name of the trust. He therefore has submitted that the TDS credits may also be allowed in the name of the trust. 4. The ld. Departmental Representative, on the other hand, has supported the findings of the lower authorities stating that since the TDS is in the name of individual, the same cannot be allowed in the name of trust. 5. I have considered the rival contentions. It is the case of the assessee that the FDR interest income amount was transferred by the trustee to the trust and the income has also been offered in the name of the trust. If the income has been offered in the name of the trust, then the corresponding credit of TDS should also be allowed in the name of the trust. The I.T.A No. 13/Ahd/2025 Hasmukh Dave Disc Family Trust., A.Y. 2022-23 3 Assessing Officer is directed to verify the aforesaid contention. If the FDR interest income has been offered in the name of the trust then he will accordingly allow the credit of the corresponding TDS in the name of the trust. 4. With the above observations, the appeal of the assessee is treated to be allowed for statistical purposes Order pronounced in the open court on 20-03-2025 Sd/- (SANJAY GARG) JUDICIAL MEMBER Ahmedabad : Dated 20/03/2025 आदेश क\u0006 \u0007\bत ल\fप अ\u000fे\fषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील\u0012य अ\u0013धकरण, अहमदाबाद "