TaxTMI 
TaxTMI 
2025 (3) TMI 2006
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....was processed by the CPC Bengaluru vide orders dated 17.02.2023 and 29.12.2023. The assessee has made a claim of TDS credit amounting to Rs. 5,75,461/- in assessment year 2022-23 and Rs. 5,06,487/- in assessment year 2023-24. This claim of the assessee was restricted by the CPC, Bengaluru at Rs. 1,18,423/- in assessment year 2022-23 and in assessment year 2023-24 he has allowed the claim at Rs. 2,70,024/- as against the claim of Rs. 5,06,487/-. 3. Dissatisfied with this adjustment, assessee carried the matter in appeal before the CIT(A), however, appeals to the CIT(A) did not bring any relief to the assessee. 4. Before me, assessee has contended that he is a 'Kacha Arhatiya' and major claim of TDS represent the TDS deducted under Sect....
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....e principal buyer. So, the invoice of same amount is issued to the principal buyer and the corresponding Vikray parchi' is issued in the Mandi to the respective farmers. So, admittedly, the amount invoiced by the assessee to the principal buyer and the value of goods transferred to assessee from the farmer is same and purely on behalf of its principal. Now, for carrying out such transaction assessee receives commission on which tax is deducted u/s. 194H of the Act. Such commission income is shown as a turnover. To this extent, there is no dispute and the credit of TDS u/s. 194H has been allowed. 7. The point of dispute is for the TDS deducted u/s. 194Q i.e. deduction of tax at source on payment of certain sum for purchase of go....
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.... turnover does not include the sales effected on behalf of principals and only commission (gross) has to be considered by for the purpose of income tax u/s. 44AB of the Act. 9. Under these given facts and circumstances, we find that on of the new amendment brought in section 194Q of the Act the 1 of the assessee agent has deducted TDS u/s. 194Q of the Act in addition to section 194H for the commission paid to the assessee and, therefore, the assessee is entitled to credit of tax deducted u/s. 194H as well as sec. 194Q and we further hold that assessee is not required to disclose the turnover appearing in the tax deduction details u/s. 194Q because he is acting as the Kachcha Arhtia i.e. an agent and the turnover appearing in the sa....
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....deducted under Section 194H is also in order, no defects have either been pointed out by the CIT(A) nor the CPC Bengaluru. Therefore, no disallowance deserves to be made in the case of the assessee on account of TDS deducted under other heads also. 8. As far as assessment year 2023-24 is concerned, I find that assessee has made TDS claim of Rs. 78,063/- deducted under Section 194H and Rs. 81,128/- under Section 194A. The ld. CIT(A) has simply observed that corresponding income has not been offered by the assessee, however, in the submissions of the assessee, assessee has reconciled each and every figure and apprised me as to how he has included all these amounts. Both the parties have not pin pointed any discrepancy. At page No.7 of PB, ....