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Facts
The assessee, a Kachha Arhtia (commission agent), appealed against a partial allowance of TDS credit by CPC and CIT(A), who cited discrepancies between receipts offered for tax and Form 26AS under Rule 37BA. The assessee contended that TDS was deducted under Section 194Q by traders on gross receipts belonging to farmers, not his own revenue, despite him being the intermediary. The CIT(A) rejected the assessee's claim, upholding CPC's action.
Held
The Tribunal ruled that as the assessee acted solely as a commission agent, the gross receipts on which TDS was deducted were not his income. Therefore, the TDS deducted, being the assessee's money, should be fully credited to him. The Ld. AO was directed to grant full TDS credit to the assessee.
Key Issues
Whether a commission agent (Kachha Arhtia) is entitled to full TDS credit deducted on gross receipts belonging to farmers, when those receipts are not the assessee's own revenue.
Sections Cited
Section 154, Rule 37BA, Section 194Q
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Income Tax Appellate Tribunal, “SMC” BENCH, CHANDIGARH
O R D E R
Aforesaid appeal by assessee for Assessment Year (AY) 2022- 23 arises out of an order of learned Addl. / Joint Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 14-07-2025 in the matter of a rectification intimation issued by CPC u/s 154 of the Act on 26-09- 2024. The sole grievance of the assessee is allowance of TDS credit. Having heard rival submissions and upon perusal of case records, the appeal is disposed-off as under.
Upon perusal of rectification order dated 26-09-2024, it could be seen that CPC allowed TDS credit of Rs.52,162/- as against Rs.5,34,892/- as claimed by the assessee. The same was on the ground that in terms of Rule 37BA, total receipts as offered by the assessee to tax was less than receipts as reflected in Form 26AS by various deductor while deducting TDS on various transactions with the assessee. During first appeal, it was explained by the assessee that it acted as Kachha Arhtia (Commission agent) in his proprietorship concern and the assessee was providing services to farmers for sale of their crops to traders etc. The payment so received is transferred to farmers against commission. The assessee is not the owner of the goods but merely acted as commission agent on behalf of the farmers. As per CBDT Circular No.452 dated 17-03-1986, only commission income would constitute business receipts of the assessee. However, Ld. CIT(A) rejected the said claim and upheld the action of CPC in terms of Rule 37BA (2). Aggrieved, the assessee is in further appeal before us.
From assessee’s pleadings, it could be seen that the assessee has acted as Kaccha Arhtia only. The assessee receives payment from traders on behalf of the farmers against commission income. The commission receipts become the income of the assessee. However, few of the traders have deducted TDS u/s 194Q against gross receipts which are not the receipts for the assessee. These receipts would never be offered as revenue receipts. Nevertheless, TDS has been deducted against assessee’s payment and it is the assessee’s money which has been deducted by the traders. Therefore, the credit of the same would certainly be available to the assessee. The turnover or other financial results are not in dispute. The provisions under which TDS has been deducted would not hold much relevance in such a case. Therefore, I direct Ld. AO to grant full TDS credit to the assessee as available.
The appeal stands allowed. Order pronounced on 07th January, 2026.