Tribunal held that as per s. 143(1)(a)(vi), the total income of the assessee can be disturbed by making adjustment by making addition of income appearing in Form No. 26AS which has not been included in the computation of income in the return of income. CPC has no right to reduce the refund claimed by the assessee on the ground of income not offered by the assessee according to Form No. 26AS. In the case of Kachha Artiya, only the commission income is required to be shown; gross sales cannot be the income of the assessee. Accordingly, the AO is directed to grant full credit of the TDS.
Manju Mithal v. CIT (A) (2024) 232 TTJ 804 / 243 DTR 145 / 38 NYPTTJ 1208 (Jodhpur)(Trib)
S. 143(1) : Assessment-Intimation-Credit for tax deducted at source-Kachha Artiya-Mismatch in turnover stated in Form No. 26AS and gross total income (commission income) disclosed in the return-CPC has no right to reduce the credit of TDS on the ground that the assessee has not offered the entire income in her return as per Form No. 26AS-the AO is directed to grant full credit of the TDS.[S.143(1)(a)(v), 194Q, 26AS]
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