TaxTMI 
TaxTMI 
2025 (6) TMI 1931
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....asons for such delay in filing the appeal. After considering the explanation of the assessee, we condone the delay of 29 days in filing the present appeal and admit the appeal for adjudication. 3. The brief facts of the case are that, the assessee is an individual carrying on the business of retail trading of electronic appliances in the trade name of M/s. Keerti Electron is through e-commerce platform operators i.e. Amazon Seller Service (P) Ltd and Reliance Retail Ltd, etc. The assessee has filed his return of income for the A.Y 2023-24 on 28/07/2023 by declaring total income of Rs. 8,43,290/-. The assessee has reported his turnover at Rs. 1,15,55,700 and declared profit from the business at Rs. 6,94,235.83. The assessee has claimed cr....
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....duct income-tax at the rate of one per cent of the gross amount of such sales or services or both. Further, there is a sales returns of Rs. 23,87,202/- on which the e-commerce platform operators have already deducted TDS and reported in Form No.26AS. Therefore, he submitted that the provisions of Rule 37BA of the I.T. Rules is not applicable and therefore, the Assessing Officer should have allowed TDS as per From-26AS. 5. The learned CIT (A) after considering the relevant provisions of Rule 37BA, rejected the argument of the Assessing Officer and upheld the reasons given by the assessee to allow the proportionate credit for TDS by holding that although TDS has been deducted before the sales return happened, but the fact remains that agai....
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....is earlier deduct income tax @ 1% of the gross amount of such sales of serve or goods. The learned Counsel for the assessee, further referring to the provisions of section 52 of the GST Act submitted that as per the GST Act, every electronic commerce operation, not being an agent shall collect an amount calculated at such rate not exceeding 1% as may be notified by the Govt, of the net value of taxable sale made through it by other suppliers where the consideration with respect to such supply is to be collected by the operator. The learned Counsel for the assessee referring to the above provisions submitted that as per Income Tax, TDS has to be collected on gross sales, whereas as per GST, TDS has to be collected on net sales. The E-commerc....
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....erused the relevant material available on record and gone through the orders of the authorities below. Provisions of section 194 O of the Act deals with payment of certain sums by e-commerce operators to e-commerce participants. As per the said provision, where sale of goods or provision of service of an e-commerce participant is facilitated by e-commerce operator, such e-commerce operator at the time of credit of amount or at the time of payment whichever is earlier deduct income tax @ 1% of the gross amount of such sale or service of goods. In the present case, the appellant is an e-commerce participant and selling goods through Amazon Seller Services (P) Ltd and Reliance Retail Ltd etc., The appellant has made a turnover of Rs. 1,39,42,9....
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....s erred in allowing credit for TDS on proportionate basis, even though the assessee has offered the income in total for the year under consideration. The reasons for the Assessing Officer to allow proportionate TDS is difference in turnover as per Form 26AS and turnover reported in the books. The assessee has explained the said difference with the sales return. If we consider sale return, then the turnover declared by the assessee tallies with the turnover reported in Form 26AS with reference to TDS credit as per section 194 O of the Act. Although, these facts has been explained to the learned CIT (A), but the learned CIT (A) based on assumption and presumption rejected the explanation of the assessee on the ground that if at all sales turn....