ASST.COMMISSIONER OF INCOME-TAX (TDS)2(1), MUMBAI, MUMBAI vs. PATEL ENGINEERING LIMITED, MUMBAI

ITA 3068/MUM/2024Status: DisposedITAT Mumbai31 December 2024AY 2017-1872 pages
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What did the Tribunal hold?

The Tribunal held that the CIT(A) was correct in allowing the assessee's appeal. The amendment agreements clarified that the assessee executed the work in its principal capacity and the other JV member received a fixed fee, not profit share.

What were the facts?

The Revenue appealed against the CIT(A)'s order which allowed the assessee's appeal. The assessee had not deducted TDS on interest paid to AGE Patel JV, a joint venture it was part of. The AO held the JV to be a separate entity and the assessee liable for TDS.

What were the issues?

Whether the assessee was liable to deduct TDS on interest paid to a Joint Venture, considering the nature of their agreement and the JV's status as a separate entity.

Which sections of the Income-tax Act were involved?

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

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Cases cited in this judgment(4)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 MUMBAI

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 (6 matters)

ITA No.3068/Mum/2024
ITA No.3063/Mum/2024
ITA No.3061/Mum/2024
ITA No.3065/Mum/2024
ITA No.2801/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

The order continues below.

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