SRI LAKSHMI GENERAL STORES,GUNTUR vs. INCOME TAX OFFICER, WARD-1(1), GUNTUR

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ITA 478/VIZ/2025Status: DisposedITAT Visakhapatnam29 October 2025AY 2022-23Bench: SHRI G. MANJUNATHA, HON’BLE (Accountant Member), SHRI RAVISH SOOD, HON’BLE (Judicial Member)12 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the assessee offered its entire commission income for taxation, and the TDS was reported in its Form 26AS, the provisions of Section 199 and Rule 37BA(2) were duly complied with. Relying on identical previous judgments, the Tribunal directed the AO to allow full credit for the TDS claimed by the assessee for both assessment years.

What were the facts?

The assessee, a licensed chillies commission agent, earned commission income, but buyers/traders deducted TDS on the entire sale value under Sections 194Q and 194A. The AO and CIT(A) allowed only proportionate TDS credit, limiting it to the commission income offered for taxation as per Section 199 read with Rule 37BA(2), disallowing the full credit claimed by the assessee based on Form 26AS.

What were the issues?

Whether a commission agent is entitled to full TDS credit on the gross sales value where TDS was deducted on the entire value under Sections 194Q and 194A, but only commission income is offered for taxation.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 194Q,Section 194A,Section 199,Section 37BA(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Visakhapatnam Bench

For Appellant: Dr. Aparna Villuri, Sr.AR

आदेशकी प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:- Sri Lakshmi General Stores, D.No.24-3-82, 1st Floor, 1. निर्धाररती/The Assessee : Opp. Ravi Parcel, Patnam Bazar, Guntur. 2. रधजस्व/ The Revenue : The Income Tax Officer, Ward-1(1), Guntur. 3. The Principal Commissioner of Income Tax, Vijayawada. 4. नवभधगीयप्रनतनिनर्, आयकर अपीलीय अनर्करण, / DR, ITAT, Visakhapatnam. 5. गधर्ाफ़धईल / Guard file

आदेशधिुसधर / BY ORDER

Sr. Private Secretary ITAT, Hyderabad

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