2025 (12) TMI 28

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....ssment Years 2022-23 and 2023-24 respectively. 2. The solitary grievance of the Assessee in both the Appeals are on the action of the Ld. CIT(A) in confirming the order of the CPC by restricting the TDS credit based on turnover discrepancies between return income and Form 26AS, even though the Assessee has claimed TDS correctly as per Form 26AS. The Ld. Counsel vehemently submitted that the above issue involved in the present Appeal is squarely covered by the order of the Tribunal Hyderabad Bench dated 25/06/2025 in ITA No. 568/Hyd/2025, in the case of Shri Gopikishan Pallod Hyderabad Vs. Income Tax Officer Ward 7(1), Hyderabad. Further submitted that in the said case, the Assessee therein is similarly placed to the Appellant herein afte....

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....t 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 ecommerce participant and selling goods through Amazon Seller Services (P) Ltd and Reliance Retail Ltd etc., The appellant has made a turnover of Rs. 1,39,42,905.95 through e-commerce operators on which TDS @ 1% has been deducted by the ecommerce platform operators. Out of the above sale, the assessee has shown sales return of Rs. 23,87,202.48 and the net sales turnover declared by the assessee for the year under consideration was at Rs. 1,15,55,703.47. The assessee has claimed TDS credit of Rs. 1,62,412/- on the basis of Form No.26AS. The Assessing Officer CPC, allowed the proportionate credit for TDS....

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....turnover reported in Form 26AS with reference to TDS credit as per section 194O 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 turnover is there, then the assessee must have replaced with other goods or refund gross amount including TDS amount. In our considered view, the TDS has been deducted by the e-platform operators at the time of sales whereas the money is returned to the buyer after e-platform operators deducted TDS. Therefore, in our considered view, the reasons given by the learned CIT(A) to reject the explanation of the assessee is on assumption and presumption, but not....