9911796707
TMI Blog2024 (3) TMI 1344X X X X Extracts X X X X X X X X Extracts X X X X ..... at 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 No. 452, dated 17th March, 1986squarely applies to the assessee and hence 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, hereby set-aside the orders of Revenue Authorities and direct the Ld. AO to grant credit of the entire amount deducted as tax at source in the case of the assessee. The grounds raised by the assessee are allowed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer to grant credit for entire amount Rs. 1,38,128/- that was deducted as tax at source U/s. 194Q of the Act from the commission income. 3. The Ld. CIT(A) ought to have appreciated that the appellant is only a commission agent and therefore the CPC is not justified in applying Rule 37BA by treating the gross sale proceeds as the income of the appellant. 4. Any other grounds may be urged at the time of hearing. 3. At the outset, the Ld. Authorized Representative [AR] submitted that the assessee is only a commission agent and therefore the total gross sale proceeds cannot be treated as the income of the assessee and thereby the Ld. Revenue Authorities have erred in applying the Rule-37BA of the Income Tax Rules, 1962. The Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose of 44AB. But the position is difference with regard to pacca arahtias . 6. From the above it is clear that 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 fact 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 conc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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