SIDDAPURA TALUKA AGRICULTURAL PRODUCES CO-OP MARKETING SOCIETY LIMITED ,SIDDAPUR vs. INCOME TAX OFFICER, WARD-1 & TPS, SIRSI

The solitary issue involved in this appeal with respect to the credit of TDS claim by assessee while filing the return of income. It is the case of the assessee that CPC while processing the return of income of the assessee could not grant the claim of TDS as claimed by the assessee.

Ld. Counsel appearing on behalf of the assessee contended that the CPC has not granted the credit of TDS to the assessee despite Siddapura Taluka Agricultural Produces Co-op. Marketing Society Ltd., Siddapur Page 2 of 3 being presence of TDS credit in the 26AS of the assessee. Ld counsel for the assessee drawn the attention of the Bench towards Form number 26AS annexed in Paper Book. 4. Ld. D.R. appearing on behalf of the revenue contended that there was a mismatch in the income of the assessee and the claim of the credit of TDS and hence, the CPC could not grant the credit of TDS. 5. We have heard the rival submissions and perused the materials available on record. Ld. Counsel for the assessee has drawn the attention of the bench towards page nos.10 to 27, which is the copy of 26AS pertaining to the account of the assessee. Perusal of this 26AS would show that the entire claim of the TDS was there in the 26AS of the assessee. However, the CPC denied the claim on the ground that the gross receipt shown in 26AS are higher than the total of the receipts shown under the head of “income” in the return of income and hence there is a mismatch in the Income offered and earned. It is settled position of law that an assessee is entitled for the credit of TDS when it has offered the corresponding income for taxation. With these observations, we restore the matter to the file of juri ictional assessing officer i.e. JAO for examining the claim of the assessee. We direct the AO to allow the credit of TDS credit to the assessee if the assessee has offered the corresponding income for taxation. Needless to say that the AO would grant sufficient oppurtutinties to the assessee. 6. In the result, appeal of the assessee is allowed as indicated above. Order pronounced in the open court on 9th Jan, 2025 (Waseem Ahmed) Accountant Member (Prakash Chand Yadav) Judicial Member

The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file