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

ITA 2335/BANG/2024

AI Insights

The case involves the Siddapura Taluka Agricultural Produces Co-op. Marketing Society Ltd., which appealed against the decision of the CPC that denied them the credit of TDS as claimed in their return of income for the assessment year 2022-23. The primary issue was the alleged mismatch between the income reported by the assessee and the TDS credit claimed, as noted in their Form 26AS. The assessee argued that the TDS credit was rightfully theirs, supported by the entries in their 26AS, while the revenue contended that the reported income did not match the TDS credit claimed. The tribunal found that the assessee was entitled to the TDS credit if they had reported the corresponding income, and thus restored the matter to the assessing officer for a detailed examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 34175 (ITAT-BANGALORE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2022-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GANESH R GALE; STANDING COUNSEL
• Assessee Lawyers: PRANAY SHARMA
• Keywords: TDS

Judgement Text

"ITA No.2335/Bang/2024 Siddapura Taluka Agricultural Produces Co-op. Marketing Society Ltd., Siddapur IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER ITA No.2335/Bang/2024 Assessment Year: 2022-23 Siddapura Taluka Agricultural Produces Co-op. Marketing Society Ltd. No.1, Market Yard Siddapur 581 355 PAN NO : AADAS8652G Vs. ITO Ward-1 Sirsi APPELLANT RESPONDENT Appellant by : Sri Pranay Sharma, A.R. Respondent by : Sri Ganesh R Gale, Standing counsel for department Date of Hearing : 08.01.2025 Date of Pronouncement : 09.01.2025 O R D E R PER PRAKASH CHAND YADAV, JUDICIAL MEMBER: Present appeal is arising from the order of ld. CIT(A) dated 18.10.2024 and relates to assessment year 2022-23 having DIN & Order No. ITBA/APL/S/250/2024-25/1069778953(1). 2. 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. 3. Ld. Counsel appearing on behalf of the assessee contended that the CPC has not granted the credit of TDS to the assessee despite ITA No.2335/Bang/2024 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 jurisdictional 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 Sd/- (Waseem Ahmed) Accountant Member Sd/- (Prakash Chand Yadav) Judicial Member Bangalore, Dated 9th Jan, 2025. VG/SPS ITA No.2335/Bang/2024 Siddapura Taluka Agricultural Produces Co-op. Marketing Society Ltd., Siddapur Page 3 of 3 Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file By order Asst. Registrar, ITAT, Bangalore. "