2024 (8) TMI 980

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....he assessee is an individual and a licensed chillies commission agent in Agricultural Market Yard Committee [AMYC], Guntur. The assessee filed his return of income for the AY 2023-24 on 20/09/2023 declaring a total income of Rs. 28,94,330/- wherein the assessee claimed TDS credit for Rs. 1,07,543/-. Thereafter, the Ld. AO, CPC while processing the return of income u/s. 143(1) of the Act granted TDS only to the extent of Rs. 8,053/- and disallowed the TDS credit of Rs. 99,490/- [Rs. 1,07,543 - Rs. 8,053 = Rs. 99,490] and passed the Intimation u/s. 143(1) of the Act on 11/12/2023. Aggrieved by the Intimation of the Ld. AO, CPC passed u/s. 143(1) of the Act, the assessee filed an appeal before the Ld. Addl / JCIT (A)-2, Mumbai. On appeal, afte....

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....Taxes [CBDT] the actual turnover of the Kaccha Aarahtias is the commission charged and it does not include the sales affected 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 get credit of the entire amount deducted as tax at source u/s. 194Q of the Act and therefore pleaded that the grounds raised by the assessee may be allowed. The Ld. AR further submitted that on the identical facts and circumstances, the Hon'ble Tribunal has decided the case in favour of the assessee in the case of Yagneswari General Traders vs. ITO in ITA No. 39/Viz/2024 (AY 2022-23, dated 18/03/2024. Therefore, the Ld. AR strongly relied ....

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....gard to paccaarahtias.........." 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 f act that the assessee is only a licensed commission agent in Agricultural Market Committee Yard, Guntur which is formed under the rules and regulation of the Government of Andhra Pradesh. Therefore, the Circular issued by the CBDT (supra) squarely applies to the assessee and hence I am of the view that the assessee is acted only as an agent (kaccha arahtia) and therefore it is eligible to get credit of the entire amount deducted as tax at source and there is no short fall of TDS as concluded by the Ld. Revenue Authorities. Ac....