TMI Blog2021 (9) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... harashtra. Therefore, the payments received by the assessee is not belongs to the assessee. Therefore, the TDS deducted on amount which is not the income of the assessee then whatever tax deducted as to be refunded to the assessee and which is belongs to the Government of Maharashtra. DR raised the issue that this refund will be income of the assessee or how this amount will be handled by the assessee is not known. This apprehension may not be proper as the assessee received only commission income as their service charges and all other income or money belong to the Government of Maharashtra and the payments never intended for the assessee - Decided against revenue. - ITA No. 7201/MUM/2019 - - - Dated:- 3-9-2021 - SHRI S. RIFAUR RAHMA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticed that the company had received rent, professional fees, contractual receipt and interest free income, in all aggregating to ₹ 509,32,42,297/- for TDS deducted of ₹ 15,38,15,311/-. The assessee had claimed credit for TDS amounting to ₹ 509,32,42,297/- was not included in the total income. When the assesseewas asked to explain above said income should not be added back to the total income. In response, the assessee vide letter dated 21.12.2018 submitted that as the tax was deducted using the PAN No. of the assessee and the same was reflected as paid against the assessee and the corresponding income not being chargeable to tax in the hands of the assessee. The refund of the same was claimed by the assessee. Accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment of Maharashtra and the appellant was not liable to pay any taxes on the same. 2.5.5 I have perused the facts of the case and the impugned assessment order. There is no dispute as regards the fact that the appellant has not offered the income to tax as it was merely acting as the collecting agent for the Government of Maharashtra. However, the appellant has offered the commission income to tax. As the taxes have been deducted on the payments made to the appellant, though the same are not taxable in the hands of the appellant, the appellant has to be granted TDS credit of the same as TDS has been deducted using the PAN of the appellant. Moreover, if the TDS credit is not granted to the appellant, the collection of The tax by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich is belongs to the Government of Maharashtra. The Ld. DR raised the issue that this refund will be income of the assessee or how this amount will be handled by the assessee is not known. This apprehension may not be proper as the assessee received only commission income as their service charges and all other income or money belong to the Government of Maharashtra and the payments never intended for the assessee. Therefore, we are inclined to accept the findings of Ld. CIT(A) and no reason to interfere with the conclusion arrived by Ld. CIT(A). Accordingly, grounds raised by the Revenue is dismissed. 9. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 03/09/2021. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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