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Bombay High Court

MEENAKSHISUNDARAM SANKARNARAYANversusDEPUTY COMMISSIONER OF INCOME TAX CIRCLE AND ORS

Decided
Disposal
Disposed Off

Holding

TDS credit cannot be denied merely because it is not reflected in Form 26AS; credit must be allowed if satisfactory evidence of deduction is produced.

Summary

The petitioner, an employee, sought credit for TDS deducted by his employer, arguing that the denial of credit by the Assessing Officer was based solely on the amount not appearing in Form 26AS. The High Court examined the direction of the CIT(A) that no credit could be given without Form 26AS reflection and considered the recent Supreme Court decision in Manohar Jhunjhunwala, which enumerated documents that can serve as satisfactory evidence of TDS deduction. The Court held that the CIT(A)'s direction was contrary to law and set aside both the CIT(A)'s order and the Respondent's order refusing credit. It directed the Assessing Officer to re‑examine the petitioner’s documents within six weeks and grant credit if the deduction is substantiated. The writ petition was disposed of without costs, and the matter was placed on board for compliance reporting.

Issues considered

  • Whether TDS credit can be denied solely because it is not reflected in Form 26AS.
  • Whether documents such as salary slips, appointment letters, payroll workings, and related communications constitute satisfactory evidence of TDS deduction.
  • Whether the Assessing Officer must reassess the claim in light of the Manohar Jhunjhunwala judgment.

Subjects

  • TDS
  • Form 26AS
  • tax credit
  • salary
  • Income Tax Act
  • High Court of Bombay
  • writ petition
  • assessment
  • CIT
  • evidence

Judgment

                                                                                      12.wp.6662.26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO. 6662 OF 2026

                              Meenakshisundaram Sankarnarayanan                         .. Petitioner

                                       Versus

                              Deputy Commissioner of Income Tax
                              Circle-1 & Ors                                            .. Respondents

                                   Mr. Nageshwar Rao (through VC) with Radha Halbe, Advocates
                                   for the Petitioner.

                                   Mr. Akhileshwar Sharma, Advocates for the Respondents /
                                   Revenue.


ANJALI by
           Digitally signed
          ANJALI
       TUSHAR
TUSHAR ASWALE
                                            CORAM: B. P. COLABAWALLA &
ASWALE Date: 2026.09.21
       12:58:53 +0530

                                                         FARHAN P. DUBASH, JJ.
                                            DATE:        SEPTEMBER 16, 2026

                              P. C.

                              1.            The above Writ Petition is filed seeking a writ, order or direction

                              to Respondent No.1 to grant credit for taxes deducted by Respondent No.3

                              (the employer of the Petitioner) for the salary paid to the Petitioner. A further

                              relief is sought seeking to quashing the impugned intimation dated 12 th

                              October 2023 passed by the Centralized Processing Center (CPC) as well as

                              impugned order dated 7th October 2025 passed by the learned CIT(A) and the

                              order dated 17th February 2026 passed by Respondent No.1 to the directions

                              of the learned CIT(A), as being illegal and unsustainable in law.

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2.           The learned counsel for the Petitioner brought to our attention

the order dated 17th February 2026 passed by the 1st Respondent pursuant to

the directions given by the CIT(A). The aforesaid order can be found at page

59 of the paper book. The learned counsel for the Petitioner brought to our

attention paragraph 4 of the said order which reads thus:-

         4. The submissions filed by the assessee have been
            carefully examined and duly considered. However, the
            same are found to be not acceptable. Reference is
            invited to Para 5.3 of the order dated 07.10.2025
            passed by the Ld. Addl./JCIT (A), Gwalior, wherein it
            has been clearly observed that “If the Form 26AS
            does not reflect the said TDS credit, the credit for the
            same may not be given.” The said direction is explicit
            and leaves no ambiguity regarding the allowability of
            TDS credit strictly on the basis of reflection in Form
            26AS. In the present case, as per the reply furnished
            by the assessee and on verification of Form 26AS
            submitted, the total TDS available for credit is
            reflected at Rs.13,500/-. However, the assessee has
            claimed a total TDS of Rs.38,18,358/- in the return of
            income filed on 31.08.2023. Thus, there is a difference
            of Rs.38,04,858/- between the TDS claimed in the
            return of income and the TDS appearing in Form
            26AS. Since the TDS credit can only be allowed to the
            extent reflected in Form 26AS, and in view of the
            specific direction of the Ld. Addl./JCIT (A), Gwalior,
            the assessee is eligible for TDS credit amounting to
            Rs.13,500/- only. The excess claim of Rs.38,04,858/- is
            therefore not allowable and stands disallowed.
            Accordingly, the total TDS credit granted to the
            assessee is restricted to Rs.13,500/- as appearing in
            Form 26AS.”


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3.             The learned counsel for the Petitioner pointed out that from the

reproduction of the aforesaid paragraph, it is clear that credit of TDS has

been denied to the Petitioner only because the same is not reflected in Form

26AS. The learned counsel submitted that this issue is now no longer res

integra and has been decided by this Court in the case of Manohar

Ramabtar Jhunjhunwala v/s Principal Commissioner of Income

Tax-17, Mumbai & Ors [Writ Petition No.2063 of 2025 along with

other Writ Petitions decided on 5th August 2026].



4.             The learned counsel submitted that this Court in the aforesaid

decision has clearly stated certain illustrations which may constitute

satisfactory evidence of TDS being deducted and hence credit ought to be

given. In this regard, he placed reliance on paragraph 68 of this decision

which reads thus:-



         “68. In salary cases, where Form 16 may not be available,
            the following illustrations may constitute satisfactory
            evidence, singly or cumulatively:

         i. salary slips showing gross salary, tax deductions and net
            salary. The salary slips are now a days computer
            generated and need not contain signature and therefore,
            the same may not be considered as the sole reason to
            reject the slips;


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         ii. appointment / offer letter or employment contract
            showing salary structure, together with bank statement
            showing receipt of the corresponding net amount;

         iii. employer’s payroll workings of the concerned
            employee, year-end tax workings by the employer of the
            concerned employee, email communications, internal
            cost-to-company break-up, and any tax computation
            sheet generated by the employer and shared with the
            employee;

         iv. communications, if any, by the employee to the
            employer pointing out that tax has been deducted but
            not deposited or that Form 16 has not been issued or
            incorrectly issued.”




5.            In fact, the learned counsel also pointed out paragraph 66 of this

judgment which clearly states that in case where TDS credit is claimed

though the amount is not reflected in Form 26AS, the claim cannot be

rejected solely on that basis. The learned counsel, therefore, submitted that

the directions given by the CIT(A) in his order dated 7 th October 2025

directing that no TDS credit can be given because the Petitioner’s Form 26AS

does not reflect the deduction of the TDS is contrary to the law laid down by

this Court, and which has been followed by Respondent No.1 in the order

passed by him on 17th February 2026.



6.            Mr. Sharma, the learned counsel appearing on behalf of the

Revenue fairly stated that in light of the law laid down by this Court in
                                   Page 4 of 6
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Manohar Jhunjhunwala (supra), the matter can be remanded to the 1 st

Respondent to conduct a fresh enquiry as to whether in fact TDS has been

deducted from the salary paid to the Petitioner. Once that enquiry is done

and the Assessing Officer is satisfied that in fact TDS is deducted as per the

directions of this Court in Manohar Jhunjhunwala (supra), necessary credit

would be given to the Petitioner.



7.          Considering the fair stand taken by the Revenue, and also the law

laid down by this Court in Manohar Jhunjhunwala (supra), we hereby set

aside the impugned order dated 7th October 2025 passed by the learned

CIT(A) insofar as it gives a direction to the Assessing Officer not to give

credit of the TDS deducted merely because it is not reflected in the

Petitioner’s Form 26AS. We also set aside the order dated 17 th February 2026

passed by Respondent No.1 refusing to give credit to the Petitioner of the

TDS deducted because of the directions issued by the CIT(A).



8.          We now direct the Assessing Officer, namely, the 1st Respondent

to re-examine the documents submitted by the Petitioner to substantiate his

claim that TDS has been deducted from the salary paid to him by Respondent

No.3. If the Assessing Officer is satisfied with the explanations given by the

Petitioner that TDS has been deducted from his salary, then naturally credit

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for the same will have to be given to the Petitioner as per the directions of

this Court in Manohar Jhunjhunwala (supra).



9.           We direct that this entire exercise shall be done by the Assessing

Officer within a period of six weeks from the date of this order being brought

to the notice of the Assessing Officer (1st Respondent).



10.          The Writ Petition is disposed of in the aforesaid terms. However,

there shall be no order as to costs.



11.          Though we have disposed of the above Writ Petition, we place it

on Board for reporting compliance on 4th November 2026.



12.          This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by fax

or email of a digitally signed copy of this order.



[FARHAN P. DUBASH, J.]                        [B. P. COLABAWALLA, J.]




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