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2023 (8) TMI 83 - ITAT VISAKHAPATNAMComputation of income from transport business on the basis of the gross transport charges in Form No.26AS - appellant admitted sum in the return towards income from transport business u/s 44AE of the Act and the gross receipts were wrongly reported as agricultural income in the return of income but it is contract charges as per Form 26AS - HELD THAT:- Assessee is not having any agricultural income, but, the assessee is having transport business and thereby earned income of Rs. 4,96,177/- and also deducted TDS u/s 194C of the Act. The assessee is having only one lorry, therefore, the provision of section 44AE is applicable. Considering the TDS deduction, no hesitation to come to the conclusion, that the assessee earned this income only from his transport business, therefore, section 44AE is applicable and the assessee has already admitted Rs. 90,000/- as income from transport business, therefore, the AO is not justified to ignore the statutory provision of section 44AE and treat this income as business income of the assessee, just based on the mistake committed by the assessee, i.e. showing the receipt as agricultural income. Hence direct the AO to treat the income of the assessee u/s 44AE of the Act. Appeal of assessee allowed.
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