9911796707
TMI Blog2024 (11) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... riefly stated the facts of the case are that the assessee is an individual and a licensed chillies commission agent in Agricultural Market Yard Committee [AMYC], Guntur. The assessee filed its return of income for the AY 2022-23 on 07/09/2022 declaring a total income of Rs. 3,38,520/- wherein the assessee claimed TDS credit for Rs. 60,652/-. Thereafter, the Ld. AO, CPC while processing the return of income u/s. 143(1) of the Act granted TDS only to the extent of Rs. 3,974/- and disallowed the TDS credit of Rs. 56,678/- [Rs. 60,652 - Rs. 3,974] and passed the Intimation u/s. 143(1) of the Act on 17/02/2023. Aggrieved by the Intimation of the Ld. AO, CPC passed u/s. 143(1) of the Act, the assessee filed an appeal before the Ld. Addl / JCIT (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat since the assessee is only a commission agent, the assessee is eligible to get credit of the entire amount deducted as tax at source u/s. 194Q & 194A of the Act and therefore pleaded that the grounds raised by the assessee may be allowed. The Ld. AR further submitted that on identical facts and circumstances, the Hon'ble Tribunal has decided the case in favour of the assessee in the case of Thota Venkateswarlu vs. ITO in ITA No. 290/Viz/2024 (AY 2023-24), dated 27/08/2024. Therefore, the Ld. AR strongly relied on the decision of this Bench (supra) and pleaded that considering the similar facts and circumstances, the decision taken by the Bench in the case of Thota Venkateswarlu vs. ITO (supra) may be applied to the case of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat Kaccha Arahtias turnover includes only the gross commission and not the sales effected on behalf of their principals. In the present case, it is a f act that the assessee is only a licensed commission agent in Agricultural Market Committee Yard, Guntur which is formed under the rules and regulation of the Government of Andhra Pradesh. Therefore, the Circular issued by the CBDT (supra) squarely applies to the assessee and hence I am of the view that the assessee is acted only as an agent (kaccha arahtia) and therefore it is eligible to get credit of the entire amount deducted as tax at source and there is no short fall of TDS as concluded by the Ld. Revenue Authorities. Accordingly, I hereby set-aside the orders of the Ld. Revenue Author ..... X X X X Extracts X X X X X X X X Extracts X X X X
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