9911796707
TMI Blog2024 (8) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... . AR and perused the decision of this Tribunal in the case of Yagneswari General Traders [ 2024 (3) TMI 1344 - ITAT VISAKHAPATNAM] as held Kaccha Arahtias turnover includes only the gross commission and not the sales effected on behalf of their principals. 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 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. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed the Intimation u/s. 143(1) of the Act on 09/01/2024. 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)-2, Mumbai. On appeal, after considering the submissions of the assessee, the Ld. Addl/ JCIT (A), partly allowed the appeal of the assessee. On being aggrieved, the assessee filed the present appeal before the Tribunal by raising the following grounds of appeal: 1. The order of the Ld. CIT(A) is contrary to the facts and also the law applicable to the facts of the case. 2. The Ld. CIT(A) ought to have directed the Assessing Officer to grant credit for entire amount Rs. 2,21,038/- that was deducted as tax at source u/s. 194Q of the Act from the commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch (supra) and pleaded that considering the similar facts and circumstances, the decision taken by the Bench in the case of Yagneswari General Traders vs. ITO (supra) may be applied to the case of the assessee also. 4. On the other hand, Ld. Departmental Representative [DR] strongly relied on the orders of the Ld. Revenue Authorities and argued in support of the same. 5. I have heard both the sides and perused the material available on record as well the orders of the Ld. Revenue Authorities. I have also gone through the CBDT Circular No. 452, dated 17th March, 1986 (supra) relied on by the Ld. AR. Further I have perused the decision of this Tribunal in the case of Yagneswari General Traders vs. ITO (supra). For the sake of reference, the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. 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. 6. Considering the identical facts and circumstances of the assessee s case with that of the appeal decided by the Tribunal in the case of Yagneswari General Traders vs. ITO (supra), following the principle of consistency, I have no hesitation to set-aside the orders of the Ld. 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. Thus, the grounds raised by the assessee are allowed. 7. In the result, appeal of the assessee is allowed. Pronounced in the open Court on 23rd August ..... X X X X Extracts X X X X X X X X Extracts X X X X
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