2024 (12) TMI 698

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.... "1. That Ld. ADDL/JCIT (A) grossly erred in confirming the short allowance of TDS credit by CPC in the computation u/s 143(1) of the Act, wherein CPC restricted the TDS credit by computing TDS credit in ratios of "Turnover as per P & L" and "Turnover as per 26AS" resulting into short allowance in the amount of Rs. 31,33,777/- of TDS credit -, which is bad in law and on facts of the case. 2. That the said disallowance is further bad in law and on case facts having been confirmed in non-consideration of the submitted case facts, vide a non-speaking order, simply by placing reliance on the judgements, the ratios of which are not at all applicable on facts of the case." 3. Brief facts of the case:- The only dispute in this cas....

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....the Hon'ble Apex Court in the case of Chowringhee Sales Bureau Pvt. Ltd. (1973) 87 ITR 542 (SC), wherein, the Hon'ble Court has held that the indirect tax component should be included while calculating the gross turnover or sales receipts. 3.1. Against the above order, the assessee is in appeal before us. 4. The ld. AR filed a written synopsis, which is reproduced as under:- That the provisions of section 194Q of the Act, obligates a buyer of goods to deduct TDS of the seller @ 0.1% of their sales exclusive of taxes i.e. if sales value, say is Rs. 100/- + GST Rs. 18/-, TDS is deductible @ 0.1% on Rs. 100/-. 2. That the CPC allowed TDS credit in the Intimation issued u/s 143 (1), as computed in the ratios of "Turnover....

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....7,98,067/- 32,43,826/- Maruti Suzuki India Ltd. 537,47,65,861/- 53,82,445/- The above sale is inclusive of GST @18% hence the correct figure of sales net of GST, are as below. Sr. No. Name of purchaser of Goods Net purchase Value excluding GST (Rs.) GST @ 18% Total Purchases including GST as per 26AS (Rs.) (A) Suzuki Motors Gujarat P. Ltd. 274,89,81,412/- 49,48,16,655/- 324,37,98,067/- (B) Maruti Suzuki India Ltd. 455,48,86,322/- 81,98,79,539/- 537,47,65,861   Total 730,38,67,734/- 131,46,96,194 861,85,63,928/- Hence the correct figure of total sales ofRs.2295,94,14,329/-, as per 26AS as in para 2(iii) above, should be reduced by the amount of Rs.....

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....ective bills and as confirmed by the two deductors namely M/s Suzuki Motors Gujarat Pvt. Ltd. and M/s Maruti Suzuki India Ltd. (as per documents placed on page no.27-30 of the paper book), that they had deducted TDS on purchase values inclusive of GST and since total receipts in P & L Account i.e. Rs. 21,85,42,34,910/- being more than corrected amount in Form 26AS i.e. Rs. 2164,47,18,135/- (as per the details mentioned by the assessee in its written submissions as above) pleaded that the short credit of TDS amounting to Rs. 31,33,777/- was not justified and the same should be allowed in full i.e. Rs. 6,5102,050/- as against Rs. 6,19,68,273/- allowed by the CPC. 5. The ld. DR supported the orders of the authorities below. 6. We have co....