ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, LUCKNOW, LUCKNOW vs. SHERVANI INDUSTRIAL SYNDICATE LIMITED, ALLAHABAD

ITA 472/LKW/2024Status: DisposedITAT Lucknow25 May 2026AY 2010-114 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable as the tax effect was below the prescribed limit as per CBDT Circular No. 09/2024. The interest component was not to be considered for calculating the tax effect.

What were the facts?

The Revenue appealed against a CIT(A) order that partly allowed the assessee's appeal regarding TDS liability for AY 2010-11. The AO had held the assessee in default for non-deduction of TDS on payments made for land purchase, creating a demand for tax and interest.

What were the issues?

Whether the Revenue's appeal is maintainable based on the tax effect, and whether TDS was deductible on payments made for land purchase.

Which sections of the Income-tax Act were involved?

Section 201(1),Section 201(1A),Section 195,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW ‘B’ BENCH, LUCKNOW

Hearing: 09.03.2026Pronounced: 25.05.2026

PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the Revenue against the order of the ld. CIT(A), Nodia-2, passed under section 250 of the Income Tax Act dated 31.05.2024, wherein the ld. CIT(A) has partly allowed the appeal of the assessee against the orders of the ld. Assessing Officer passed under section 201(1) & 201(1A) for the A.Y. 2010-11 on 28.03.2018. The grounds of appeal are as under:- “1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in treating the assessee as not in default by holding that the assessment orders in the case of payee/deductees i.e. Mr. Salman Ahmad and Mrs. Humera Ahmad Akbar have been adjudicated as null and void by th

The order continues below.

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