Even partner can't claim the TDS becase if he claim TDS then question of not offering that part of income will arise in case of partner. So ask your deductor to revice TDS return. One more option is explain the matter to ITO in formal letter saying that mistake commited. Enclos copy of partner return of income saying that he didn't claim that part of TDS. Try this. But i am not sure whether he will accept or not.