PRATHAM LOGISTICS PRIVATE LIMITED,POWAI, MUMBAI vs. COMMISSIONER OF INCOME TAX APPEAL, DELHI
IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C’ BENCH
MUMBAI
BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER
&
SMT RENU JAUHRI, ACCOUNTANT MEMBER
Pratham
Logistics
Private Limited
1704, Eternia
Hiranandani Garden
Powai- 400 076
Vs. Commissioner of Income
Tax
(Appeal),
Addl./JCIT(A)-3, Delhi
PAN/GIR No.AAFC9028D
(Appellant)
..
(Respondent)
Assessee by None
Revenue by Shri Mahesh Pamnani
Date of Hearing
13/01/2025
Date of Pronouncement
29/01/2025
आदेश / O R D E R
PER AMIT SHUKLA (J.M):
The aforesaid appeal has been filed by the assessee against order dated 24/07/2024 passed by Addl. JCIT-3, Delhi in relation to the adjustment made u/s. 143(1) for the A.Y.2023-24. 2. In various grounds of appeal assessee has only raised one issue, i.e., proportionate disallowance of income tax TDS deducted at Rs.3,41,497/-. It has been stated that the ld. AO has allowed proportionate TDS credit of Rs.62,01,227/- instead
Pratham Logistics Pvt. Ltd.
2
of Rs.65,42,724/- on the ground that one of its client had shown excess receipts in Form 26AS. It was stated that during the relevant year Apollo Tyres Ltd., has wrongly shown excess amount in TDS in its returns that TDS deduction u/s.194C,
194Q and 194JV due to which the assessee’s gross receipts as of 26AS appeared at Rs.49.26 Crores instead of Rs.29.93 Crores.
Later on Apollo Tyres Ltd has partly corrected the TDS returns and reduced the excess amounts shown by them. After that ld.
AO has also allowed TDS credit proportionately in the rectification order u/s.154 of the Act.
3. Before us ld. Counsel submitted that the assessee has requested Apollo Tyres Ltd., for the entire correction of their TDS return after which there would not be any difference in the gross receipts of the assessee as per the profit and loss account and as per 26AS for the year 2023-24. The ld. AR has given the following summary:-
Amt.(Rs) a) Gross receipts in 26AS after correction done by Apollo Tyres Ltd
72 crore b) Gross receipts as per Profit and Loss 29.92 crore c) Correction pending by Apollo Tyres Ltd
80 lakh
On these facts the matter is restored back to the file of the ld. AO and if Apollo Tyres carries out the correction as claimed by the assessee and if there is any reduction of the receipts after reconciliation then ld. AO should grant proportionate TDS credit. Pratham Logistics Pvt. Ltd.
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5. In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced on 29th January, 2025. (RENU JAUHRI) (AMIT SHUKLA)
ACCOUNTANT MEMBER
JUDICIAL MEMBER
Mumbai; Dated 29/01/2025
KARUNA, sr.ps
Copy of the Order forwarded to :
BY ORDER,
(Asstt.