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Facts
The assessee filed an appeal against the disallowance of TDS by the CPC amounting to Rs. 8,41,372/-. The disallowance was due to a mismatch between the turnover disclosed in the return and the 26AS form.
Held
The reconciliation statement showed that the difference in turnover was due to GST. The assessee had reduced GST from the turnover in the 26AS form. The AO is directed to grant the benefit of TDS as claimed by the assessee.
Key Issues
Disallowance of TDS due to turnover mismatch on account of GST.
Sections Cited
Section 143(1)
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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR
आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order of the Ld. Addl/JCIT (A)-2, Vadodara dated 29/11/2024 passed in Appeal No. Addl/JCIT(A)-2 Vadodara/10026/2022-23 for the assessment year 2023- 2024. 2. It was submitted by the ld. AR that the only issue in the assessee’s appeal was against the disallowance of TDS by the CPC to an extent of Rs.8,41,372/- on the ground that there is a mismatch between the turnover as disclosed by the assesee and as disclosed in the 26AS form. Ld. AR has filed a reconciliation statement which reads as under :-
The said reconciliation was provided to the ld. Sr. DR, who has examined the same and accepted the fact that the difference in the turnover as disclosed by the assesee in his return and as appearing in the 26AS form is on account of the GST. The assesee has shown net turnover after reducing the GST in the 26AS form. The gross turnover shown which includes the GST of Rs.10,69,41,522/-. If the TDS in respect of said GST is considered then the amount of Rs.8,41,372/- will automatically get adjusted. As it is noticed that the disallowance on the TDS is on account of variation on the turnover on account of GST and the