TaxTMI 
TaxTMI 
2025 (4) TMI 2091
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....d from the mechanism provided under rule 37BA and erred in computing disallowance of TDS credit on proportionate basis whereas the receipts us 194A, 194H and 1941 are already disclosed by the assessee in his ITR also. The mechanism adopted by the Ld. Assessing Officer is arbitrary in nature and therefore, bad in law. Hence the intimation passed u/s 143(1) be quashed. 2. The Ld. Assessing Officer provided the mechanism of computing the reversal of TDS credit in the intimation passed u/s. 143(1) but failed to fill amounts in it, due to which we are not able to verify the exact amount of reversal. Thus, a nonspeaking order was passed by the Ld. Assessing Officer which is against the principle of natural justice and hence be quashed. ....
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.... of Rs. 2,29,420/- (Including interest u/s. 234A, 234B, 234C and 234F amounting to Rs. 48,543/-). The assessee being aggrieved with this action of the CPC, Bengaluru preferred an appeal before the Ld. Addl./JCIT(A), who in turn dismissed the appeal of the assessee. The assessee, being further aggrieved with the same, preferred the present appeal before us. 4. We have observed the contents of the intimation issued u/s. 143(1) of the Act by the CPC, Bengaluru, order of the Ld. Addl./JCIT(A) and submissions of the assessee along with the grounds taken before us. It is observed that the payment received and disclosed by the assessee is not under challenge and the fact of deduction of T.D.S. thereon under the various provisions of the Act. We....
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....40 lakhs in any previous year relevant to the assessment year commencing on 1-4-1985 or any subsequent assessment year. 2. The Board has received representations from various people, trade associations, etc., to clarify whether in cases where an agent affects sales/turnover on behalf of his principal, such sales/turnover must be treated as the sales/turnover of the agent for the purpose of section 44AB. 3. The matter was examined in consultation with the Ministry of Law. There are various trade practices prevalent in the country about agency business and no uniform pattern is followed by the commission agents, consignment agents, brokers, kachha arahtias and pacca arahtias dealing in different commodities in different part....
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....f liable upon the contract not only to the third party but also to his constituent. (3) Though the kachha arahtia does not communicate the name of his constituent to the third party, he does communicate the name of the third party to the constituent. In other words, he is an agent for an unnamed principal. The pacca arahtia, on the other hand, does not inform his constituent as to the third party with whom he has entered a contract on his behalf. (4) The remuneration of a kachha arahtia consists solely of commission and he is not interested in the profits and losses made by his constituent as is not the case with pacca arahtia. (5) The kachha arahtia, unlike the pacca arahtia, does not have any dominion over the g....