TaxTMI 
TaxTMI 
2010 (12) TMI 641
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....ing substantial questions of law by this Court: " 1- Whether on the facts and in the circumstances of the case the order of the Hon'ble ITAT is perverse having been passed by ignoring the fact that the truck freight payments in question were made to the assessee which are supported by the TDS Certificates issued by the Tax Deductors, credit of which is sought by the assessee? 2- Whether on the facts and in the circumstances of the case the Hon'ble ITAT was right in law in allowing credit for TDS on the amount of receipt which had not been disclosed by the assessee in his income without appreciating the provisions of Section 199 of the Income Tax Act, 1961? 3- Whether on the facts and in the circumstances of the case ....
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....erred appeal challenging the order of the CIT(A) before the Tribunal. The Tribunal dismissed the appeal vide the order impugned herein. We have heard learned counsel for the appellant and perused the record. Learned counsel for the Revenue submitted that the assessee was not entitled to benefit of TDS as claimed by him in view of the provisions of Section 199 of the Act as it did not relate to the income declared by the assessee in his return. The issue that arises for consideration by this Court is, whether the assessee was entitled to the benefit of TDS in respect of gross commission received against the lorry hire booking amounts? The CIT(A) while allowing the appeal of the assessee in paras 3 and 4 of its order had notic....
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....elevant assessment year. Income represents the net of receipts over expenses. The gross commission receipts in respect of 1620 No. Lorry booking/Hire amounts aggregating to Rs. 3,99,85,200/-, corresponding to which the TDS in respect of 1620 No. Booking comes to Rs. 4,19,499/- as below: Sr. No. Gross Lorry hire amount in Rs. TDS amounts to (from 1620 No. Certificates in Rs.) Commission received in Rs. 1 to 16 3,99,85,200/- 4,19,499/- 5,54,649/- Hence, while processing the return under Section 143(1)(a), it cannot be said that whole of TDS is not in respect of commission received shown as income, against the lorry hire booking/amounts. The Assessing Officer is therefore directed to allow full credit of TDS of Rs. 4,19,499/-....