Tribunal Grants Full TDS Credit to Licensed Chillies Commission Agent, Excludes Principal Sales from Turnover Calculation.

The Tribunal allowed the appeal of the assessee, a licensed chillies commission agent, against the order of the Ld. Addl.CIT/JCIT(A)-2, Vadodara, regarding TDS credit for AY 2022-23. It directed the Ld. AO to grant full TDS credit, recognizing the assessee's role as a "kaccha arahtia," where turnover includes only gross commission, not sales on behalf of principals. The decision was consistent with previous Tribunal rulings and CBDT Circular No. 452, which supports the exclusion of sales on behalf of principals from the commission agent's turnover.

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Issues:
Appeal against order of Ld. Addl.CIT/JCIT(A)-2, Vadodara regarding TDS credit for AY 2022-23.

Analysis:
The appeal was filed by the assessee against the order of the Ld. Addl.CIT/JCIT(A)-2, Vadodara, pertaining to the TDS credit for the Assessment Year (AY) 2022-23. The assessee, an individual and licensed chillies commission agent, had filed a return of income declaring a total income of Rs. 3,38,520/- with a TDS credit claim of Rs. 60,652/-. However, the Ld. AO, CPC granted TDS credit only for Rs. 3,974/- and disallowed the remaining amount of Rs. 56,678/-. The appeal was dismissed by the Ld. Addl/JCIT (A), leading to the present appeal before the Tribunal.

The primary contention raised by the assessee was that since they were solely a commission agent, the total gross sale proceeds should not be considered as their income. The assessee argued that as per Circular No. 452 issued by CBDT, the turnover of commission agents does not include sales on behalf of principals. The assessee relied on a previous Tribunal decision in a similar case to support their claim for TDS credit for the entire amount deducted under sections 194Q and 194A of the Income Tax Act.

The Departmental Representative, on the other hand, supported the orders of the Revenue Authorities. After hearing both sides and examining the relevant material, including the CBDT Circular and previous Tribunal decisions, the Tribunal found merit in the assessee's argument. The Tribunal noted that as a licensed commission agent, the assessee fell under the category of "kaccha arahtia," where turnover includes only gross commission and not sales on behalf of principals. Therefore, the Tribunal set aside the orders of the Revenue Authorities and directed the Ld. AO to grant credit for the entire amount deducted as tax at source to the assessee.

In conclusion, the Tribunal allowed the appeal of the assessee, citing consistency with previous decisions and the specific nature of the assessee's role as a commission agent. The judgment was pronounced on 5th November 2024.

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