PATEL ENGINEERING LIMITED ,MUMBAI vs. DCIT CC-3(4), MUMBAI

ITA 2801/MUM/2024Status: DisposedITAT Mumbai31 December 2024AY 2017-18Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)1 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision that the JV's status as a separate entity for tax purposes had ceased due to amendments in the JV agreement. Consequently, the assessee was not liable to deduct TDS on interest payments made to the JV.

What were the facts?

The Revenue appealed against the CIT(A)'s order regarding the assessee's liability to deduct TDS on interest paid to a Joint Venture (JV). The AO held that the JV was a separate entity and TDS was deductible, while the CIT(A) ruled otherwise, citing amendments to the JV agreement and CBDT circulars.

What were the issues?

Whether the assessee was liable to deduct TDS on interest paid to a Joint Venture, and if the JV was considered a separate taxable entity during the relevant period.

Which sections of the Income-tax Act were involved?

Section 194A,Section 201(1),Section 201(1A)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(22)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, ‘C’ BENCH

Before: SHRI AMIT SHUKLA & SHRI GIRISH AGRAWAL

For Appellant: Shri Madhur Agarwal & Shri
For Respondent: Shri Amol Kirtane
Hearing: 23/10/2024Pronounced: 31/12/2024

Heard together (2 matters)

ITA No.3063/Mum/2024
ITA No.2802/Mum/2024

Read from the judgment's own cause title. This page is filed under one of them.

PER AMIT SHUKLA (J.M): ITA NOs. 3068/Mum/2024 & 3065/Mum/2024 The aforesaid appeals have been filed by the Revenue against order dated 18/03/2024 passed by CIT (A)-51 in relation to the order passed u/s.201 / 201A for the A.Y.2017-18 & 2018-19. 2. Since issues involved in both the appeals are common arising out of identical set of facts, t

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 194A

All 1,500 judgments and leading authorities on Section 194A →

Recent GST High Court judgments

Search GST case law →