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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 ..... ssessee’s name.” The facts and circumstances in the instant cases are exactly identical. Furthermore, the findings recorded by the ld. CIT(A) to the effect that the members of AOP has not claimed any TDS/TCS in their individual returns, therefore, the assessee-AOP is entitled for credit of TCS/TDS in respect of income earned by the AOP. The findings recorded by the ld. CIT(A) has not been controverted by the ld. D.R. by bringing any cogent material on record. Accordingly, we do not find any reason to interfere with the conclusion arrived at by the ld. CIT(A) in directing the AO to allow credit of TCS/TDS issued in the name of individual members in the hands of the assessee-AOP after due verification and satisfaction. Facts and circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orwal Shri Gautam Mutha Respondent by : Shri S.L. Mourya ORDER PER BENCH:- These are a bunch of appeals and cross appeals by the assessee and the Revenue filed against the order of the CIT(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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he individual shops awarded in the name of its AOP members. According to the terms conditions of the AOP, all the purchases, sales expenses in respect of individual s shops awarded in the name of below 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 28-03-2011 on total income of ₹ 14,35,550.00/-. According to the provisions of the IT Act credit of TCS/TDS collected/deducted shall be given to the person from whom the tax has been collected/deducted. But on perusal of assessment records for the year under consideration it has been observed that assessee was allowed excess credit of TCS/TDS amounting to ₹ 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-AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CS/TDS in the hands of the assessee-AOP. However, the assessee has filed cross appeal contending that there was no escapement of income. Therefore, reopening itself was invalid. 8. We have considered the rival submissions, gone 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed to the assessee AOP has escaped the assessment in terms of section 147 of the IT Act, 1961, which was not come within the purview of section 147 of the IT Act, 1961, as the excess credit of TCS/TDS is not the part of income of the assessee. Hence, the essential precondition of section 147 of the IT Act, 1961 has not been fulfilled in the assessee s case. 11. It is clear from the facts on record that there is no variation in the income even after passing of order u/s 143/147 of the Act. Since there is no escapement of income which has been brought within the tax net after reopening, there is no justification for reopening of assessment. 12. In the result, all the appeals of the assessee are allowed. 13. To sum up, all the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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