Pursuant to
the judgement of the Delhi High Court in Court on Its
Own Motion vs. UOI 352 ITR 273, the CBDT has issued Instruction
No. 5/2013 F.No.275/03/2013-IT(B), dated 8.07.2013 stating that when an
assessee approaches the AO with requisite details and particulars in the form
of TDS certificate as evidence against any mismatched amount, the AO will grant
credit of TDS to the assessee after ascertaining whether the deductor has made
payment of the TDS to the Government.
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