9911796707
TMI Blog2025 (3) TMI 1362X X X X Extracts X X X X X X X X Extracts X X X X ..... ,18,77,593/-. 2) Interest u/s 244A on refund - not grated by A.O. 3) AO/CPC has erred in not providing any reasons in not allowing TDS claim of Rs. 1,18,77,593/-. 4) The appellant craves leave to add, alter, amend or revise the above ground of appeal at the time of hearing of the above appeal." 3. The facts of the case, in brief, are that the assessee is a trust engaged in the activity of harvesting and transportation of harvested sugarcane and making payments to the labour contractors after receiving the same from the sugarcane factory who deducted TDS u/s 194C of the IT Act. The assessee trust has furnished its revised return of income on 30.03.2019 declaring NIL income, although refund of Tax Deducted at Source (TDS) of Rs. 1, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ideration, the assessee incurred such overheads of Rs. 25,13,520/- against which income of Rs. 25,13,520/- is received by assessee from Mula Sahakari Sakhar Karkhana. It was also submitted by Ld. AR that there is no other activity conducted by the assessee trust and the sole activity is to conduct H&T function on behalf of Mula Sahakari Sakhar Karkhana. It was further clarified by Ld. AR that the assessee trust acts only as a middleman between Mula Sahakari Sakhar Karkhana and the H&T contractors. The gross payment made by assessee to H&T contractors are exactly the same as are claimed by the assessee from Mula Sahakari Sakhar Karkhana. Hence separate receipt and expenditure was not shown by the assessee of this same amount on both sides of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ween Mula Sahakari Sakhar Karkhana and H&T contractors. The assessee trust makes payment to the labour contractors for harvesting and transportation work and the same amount is reimbursed to him by Mula Sahakari Sakhar Karkhana and others. For providing such kind of services, the assessee trust is paid some administrative/supervision charges by Mula Sahakari Sakhar Karkhana and others. We further find that during the period under consideration the assessee trust was reimbursed an amount of Rs. 58,43,91,944/- and also received an amount of Rs. 25,13,520/- as administrative charges. Out of the above amount Rs. 58,43,91,944/- was paid to labour contractors and Rs. 25,13,520/- was also spent on various administrative expenses. Thereby Nil incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the TDS claim of Rs. 1,18,77,593/-. But in this regard, we find that Assessing Officer/CPC in his 143(1) intimation has specifically mentioned that "following are the details of unmatched tax deducted at source" and with this remark the Assessing Officer/CPC has also provided the names of all the four contractors who have reimbursed the amount to the assessee towards harvesting and transportation charges and deducted TDS thereon. From perusal of the above remark, it is very much clear that the Assessing Officer/CPC has specifically mentioned the reason for not allowing the credit of TDS to the assessee and therefore the ground no.3 raised by the assessee in this regard fails and the contention of the assessee that the Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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