9911796707
TMI Blog2024 (11) TMI 388X X X X Extracts X X X X X X X X Extracts X X X X ..... amount deducted as tax at source and there is no short fall of TDS as concluded by the Ld. Revenue Authorities. No hesitation to set-aside the orders of the Ld. Revenue Authorities and direct the Ld. AO - CPC to grant credit of the entire amount deducted as tax at source in the case of the assessee. Appeal of the assessee is allowed. - Shri Duvvuru Rl Reddy, Hon ble Judicial Member And Shri S Balakrishnan, Hon ble Accountant Member For the Appellant : Smt. A. Aruna, AR For the Respondent : Dr. Aparna Villuri, Sr. AR ORDER PER DUVVURU RL REDDY, JUDICIAL MEMBER : This appeal filed by the assessee is against the order of the Ld. Addl.CIT/JCIT(A)-2, Vadodara in DIN Order No. ITBA/APL/S/250/2024-25/1067060634(1), dated 26/07/2024 arising out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. AR also submitted that as per the Circular No.452, dated 17th March, 1986 issued by the Central Board of Direct Taxes [CBDT] the actual turnover of the Kaccha Aarahtias is the commission charged and it does not include the sales affected on behalf of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03/2024. For the sake of reference, the relevant paras 5 6 of the Tribunal s order dated 18/03/2024 (supra) are extracted herein below: 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. For the sake of reference, the relevant portion of paragraph No.4 of the said Circular (supra) is extracted herein below: 4. The Board are advised that so far as kaccha arahtias are concerned, the turnover does not include the sales effected on behalf of the principals and only the gross commission has to be considered for the purpose of 44AB. But the position is difference wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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