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TMI Blog2015 (9) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... IT(A)-I, Udaipur dated 30.04.2015 all pertaining to A.Y. 2009-10 in the matter of order passed u/s 147/143(3) of the Income-tax Act, 1961 [hereinafter referred to as 'the Act', for short]. 2. Rival contentions have been heard and records perused. Common grounds have been taken in all the appeals of different assessees under consideration. Facts and circumstances in all the cases are same and since the issues involved are common, we are adjudicating upon them by this consolidated order for the sake of convenience and brevity. 3. Facts of the case, in brief, are that the assessee - AOP is a liquor contractor dealing in trading of Country Liquor, IMFL & Beer in the Rajsamand region (HO- Udaipur) for the Financial Year 2008-2009 (A.Y. 2009-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... member's of the AOP are taken in this Main AOP and accordingly credit of these TCS/TDS certificates in respect of this shops has taken by the main AOP in its Income Tax Return. Thus, in the assessee's case, the sale proceeds as well as purchases, TCS thereof & other expenses of the individual shops awarded in the name of AOP members were recorded collectively in the regular books of accounts of the assessee AOP maintained at its head office situated at Udaipur and all the business transactions in this regard was control & managed by the AOP from its head office. The AOP made all the payments of purchases & expenses in respect of the individual shops allotted in the name of AOP members as well as the TCS of these shops has also taken by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erusal of assessment records for the year under consideration it has been observed that assessee was allowed excess credit of TCS/TDS amounting to Rs. 26,68,331/-. Hence, same is required to be disallowed." 5. In the reassessment proceedings, the AO observed that the credit of TCS certificates in the name of individual members was not allowable and wherever the credit of TCS which the assessee-AOP has claimed is not reflected pertaining to the PAN of the assessee-AOP, the TCS credit should not be given to assessee-AOP. Against the above order of the AO, the assessee approached the ld. CIT(A) and raised the ground with regard to validity of reopening u/s 147 of the Act as well as on merits of the addition/disallowance made with respect to T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e through the orders of the authorities below and carefully perused entire material placed on record. In so far as the merits of case is concerned, the issue is squarely covered by the decision of the Hon'ble Andhra Pradesh High Court in the case of CIT Vs. Bhooratnam & Company reported at [2013] 262 CTR 0405 [AP] wherein the Hon'ble High Court has held as under: "Where income shown in the TDS certificate was offered to tax by the assessee then TDS credit is allowable on the basis of TDS mentioned in the TDS certificates irrespective of the fact that TDS certificate was not in assessee's name." 9. The facts and circumstances in the instant cases are exactly identical. Furthermore, the findings recorded by the ld. CIT(A) to the effe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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