The Income Tax Appellate Tribunal (ITAT) in Delhi has ruled that a non-resident seller of property is entitled to a TDS credit of ₹20.99 lakh for the assessment year 2022-23, despite the buyer mistakenly depositing the TDS in the following year (2023-24). The case involved a property sold by the seller, who declared a long-term capital gain in his income tax return for AY 2022-23. The Income Tax Department initially denied the full TDS credit, allowing only ₹60,872 instead. The seller appealed to the ITAT after his appeal to the Commissioner (Appeals) was dismissed. The Tribunal emphasized that TDS credit must be allowed in the year when the related income is assessable, as per Section 199 and Rule 37BA. ITAT Delhi clarified that the timing of TDS payment by the buyer should not affect the seller's claim for credit, especially since the seller had filed Form 71 to rectify the situation. The Tribunal directed the Assessing Officer to grant the full TDS credit based on the income declared in the correct assessment year, thereby allowing the seller to recover the denied amount.