2026 (4) TMI 731

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....ed in law and on facts in upholding the non-grant of TDS credit claimed u/s 194Q of Rs. 52,663/- without properly appreciating the facts and submission made by the appellant for granting of said credit. 2. He has further erred in law and on facts in not appreciating the facts of appellant being agent Adatiya registered with APMC engaged in the activity of facilitating sales of agriculture produce of farmers to the traders in the auction held in open market of APMC. 3. He has erred in law and on facts in not properly appreciating circular No. 13 of 2021 dated 30.06.2021 issued CBIC. 4. On the facts of the appellant TDS credit of Rs. 52,663/- u/s 194Q ought to have been allowed and by not allowing TDS credit it is s....

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....it resulted into unjust enrichment and deprive the assessee of its right for claiming the refund. 7. The Ld. DR relied upon the order under Section 143(1) dated 31.05.2023 and the order passed by the CIT(A). 8. I have heard both the parties and perused all the relevant materials available on record. The claim of the assessee / Ld. AR that only 01% commission income should be charged as the assessee is a licensed commission agent of APMC does not have a support as the assessee himself has accepted / admitted that the TDS made by the purchasers are not his sales, that of the agriculturist / farmer. Hence, the TDS had been made wrongly in the PAN of the assessee and the credit thereof ought not have been claimed by the assessee in the re....