2024 (3) TMI 1344

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....Sr. AR ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER: This appeal filed by the assessee is against the order of the Ld. Addl/JCIT (Appeals)-9, Mumbai in DIN & Order No. ITBA/APL/S/250/2023-24/1058682418(1), dated 12/12/2023 arising out of the order passed U/s. 143(1) of the Income Tax Act, 1961 [the Act] for the AY 2022-23. 2. Briefly stated the facts of the case are that the assessee is....

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....ng the following grounds of appeal: "1. The order of the Ld. CIT(A) is contrary to the facts and also the law applicable to the facts of the case. 2. The Ld. CIT(A) ought to have directed the Assessing Officer to grant credit for entire amount Rs. 1,38,128/- that was deducted as tax at source U/s. 194Q of the Act from the commission income. 3. The Ld. CIT(A) ought to hav....

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....at as per the Circular No.452, dated 17th March, 1986 issued by the Central Board of Direct Taxes [CBDT] the actual turnover of the Kaccha Aarahtias is the commission charged and it does not include the sales effected on behalf of the principals. The Ld. AR strongly relied on the Board Circular (supra) and reiterated that since the assessee is only a commission agent, the assessee is eligible to g....

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....cted on behalf of the principals and only the gross commission has to be considered for the purpose of 44AB. But the position is difference with regard to pacca arahtias.........." 6. From the above it is clear that Kaccha Arahtias turnover includes only the gross commission and not the sales effected on behalf of their principals. In the present case, it is a fact that the assessee is only a l....