448 (Bang); (3) Sahara Airlines Ltd. v. Commissioner of Customs

100 ITD 485Income Tax Appellate Tribunal2006#5399 most cited

What is 448 (Bang); (3) Sahara Airlines Ltd. v. Commissioner of Customs authority for?

When advance tax is paid by depositing cheques with an authorized bank within the due date, the date of presentation of the cheques is considered the date of payment, and no interest is leviable under section 234C if the cheques are encashed after the due date. This is based on CBDT Circular No. 261 dated 8-8-1979 and other relevant rules and judgments.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Also referred to as

Sahara Airlines Ltd. v. Commissioner of Customs · 100 ITD 485 · Section 234C · advance tax · date of payment · cheque presentation · interest under section 234C · CBDT Circular No. 261

Judgments citing 448 (Bang); (3) Sahara Airlines Ltd. v. Commissioner of Customs

SPARROW SECURITY SERVICES ,JAMMU vs. INCOME TAX OFFICER WARD 1(1), JAMMU

In the result, the appeal of the assessee bearing ITA No

ITA 40/ASR/2023[2018-19]Status: DisposedITAT Amritsar24 Apr 2023AY 2018-19

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 139(1)Section 143(1)Section 143(3)Section 250(6)Section 250oSection 36Section 43B

…n the relevant dates and also, the certificate of auditor APB page no. 123is placed. The ld. AR respectfully placed catena of judgment which is reproduced as below: 1. P.L. Haulwel Trailers Ltd.v.Deputy Commissioner of Income-tax, Special Range V. II. [2006] 100 ITD 485 (CHENNAI) “Section 234C of the Income-tax Act, 1961 - Interest chargeable - Assessment year 1996-97 - Whether where assessee-company deposited its cheques with authorized banker within due date for payment of advance tax but same were encashed after due date, date of presentation of those cheques should be taken as date of payment and no interest…

NATMA SECURITIES LTD,NEW DELHI vs. ACIT, CIRCLE-76(1), NEW DELHI

In the result, the appeal filed by the assessee is allowed

ITA 6104/DEL/2019[2012-13]Status: DisposedITAT Delhi30 Nov 2022AY 2012-13

Bench: Dr. B. R. R. Kumar & Sh. Yogesh Kumar U.S.I.T.A. No. 6104/Del/2019 (A.Y 2012-13)

Section 154Section 194ASection 201Section 201(1)

…atma Securities, N. Delhi behalf of the government, payment would be deemed to have been made on the date the cheque was handed over. We find that a coordinate bench of the Tribunal viz. ITAT Chennai in the case of P.L. Haulwel Trailers Ltd. v. Dy. CIT[2006] 100 ITD 485 (Chennai) while deliberating on the levy of interest under Sec. 234C of the Act, had observed that as the assessee had paid 'Advance Tax' by depositing the cheques with the authorized banks within the 'due date', therefore, the date of payment was to be taken as the date of presentation of the cheques by the assessee. The Tribunal had arrived at…

MUNICIAPL CORPORATION OF GREATER MUMBAI,MUMBAI vs. DCIT (TDS) 1(3), MUMBAI

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1031/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…vs. DCIT, 103 taxamann.com 396(Mum); (2) Moody’s Analytics Knowledge Services India Pvt. Ltd. vs. ITO(TDS), 113 taxamman.com 448 (Bang); (3) Sahara Airlines Ltd. vs. Commissioner of Customs, 110 Taxman 378 (GOI); and (4) P L Haulwel Trailers Ltd. vs. DCIT, 100 ITD 485 (Chennai) 3.2. The ld. Authorized Representative of the assessee submitted that in the aforesaid decisions, after considering CBDT Circular No.261 (supra) it has been held that the date of tendering cheque be considered as the deemed date of payment and not the date of realization of cheque. The ld. Authorized Representative of the assessee furt…

MUNICIAPL CORPORATION OF GREATER MUMBAI,MUMBAI vs. DCIT (TDS) 1(3), MUMBAI

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1030/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…vs. DCIT, 103 taxamann.com 396(Mum); (2) Moody’s Analytics Knowledge Services India Pvt. Ltd. vs. ITO(TDS), 113 taxamman.com 448 (Bang); (3) Sahara Airlines Ltd. vs. Commissioner of Customs, 110 Taxman 378 (GOI); and (4) P L Haulwel Trailers Ltd. vs. DCIT, 100 ITD 485 (Chennai) 3.2. The ld. Authorized Representative of the assessee submitted that in the aforesaid decisions, after considering CBDT Circular No.261 (supra) it has been held that the date of tendering cheque be considered as the deemed date of payment and not the date of realization of cheque. The ld. Authorized Representative of the assessee furt…

MUNICIAPL CORPORATION OF GREATER MUMBAI,MUMBAI vs. DCIT (TDS) 1(3), MUMBAI

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1028/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…vs. DCIT, 103 taxamann.com 396(Mum); (2) Moody’s Analytics Knowledge Services India Pvt. Ltd. vs. ITO(TDS), 113 taxamman.com 448 (Bang); (3) Sahara Airlines Ltd. vs. Commissioner of Customs, 110 Taxman 378 (GOI); and (4) P L Haulwel Trailers Ltd. vs. DCIT, 100 ITD 485 (Chennai) 3.2. The ld. Authorized Representative of the assessee submitted that in the aforesaid decisions, after considering CBDT Circular No.261 (supra) it has been held that the date of tendering cheque be considered as the deemed date of payment and not the date of realization of cheque. The ld. Authorized Representative of the assessee furt…

M/S MUNICIPAL CORPORATION OF GREATER MUMBAI,MUMBAI vs. DCIT-1(3), MUMBAI

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1027/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…vs. DCIT, 103 taxamann.com 396(Mum); (2) Moody’s Analytics Knowledge Services India Pvt. Ltd. vs. ITO(TDS), 113 taxamman.com 448 (Bang); (3) Sahara Airlines Ltd. vs. Commissioner of Customs, 110 Taxman 378 (GOI); and (4) P L Haulwel Trailers Ltd. vs. DCIT, 100 ITD 485 (Chennai) 3.2. The ld. Authorized Representative of the assessee submitted that in the aforesaid decisions, after considering CBDT Circular No.261 (supra) it has been held that the date of tendering cheque be considered as the deemed date of payment and not the date of realization of cheque. The ld. Authorized Representative of the assessee furt…

M/S MUNICIPAL CORPORATION OF GREATER MUMBAI,MUMBAI vs. DCIT-1(3), MUMBAI

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1026/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…vs. DCIT, 103 taxamann.com 396(Mum); (2) Moody’s Analytics Knowledge Services India Pvt. Ltd. vs. ITO(TDS), 113 taxamman.com 448 (Bang); (3) Sahara Airlines Ltd. vs. Commissioner of Customs, 110 Taxman 378 (GOI); and (4) P L Haulwel Trailers Ltd. vs. DCIT, 100 ITD 485 (Chennai) 3.2. The ld. Authorized Representative of the assessee submitted that in the aforesaid decisions, after considering CBDT Circular No.261 (supra) it has been held that the date of tendering cheque be considered as the deemed date of payment and not the date of realization of cheque. The ld. Authorized Representative of the assessee furt…

M/S MUNICIPAL CORPORATION OF GREATER MUMBAI,MUMBAI vs. DCIT-1(3), MUMBAI

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1025/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…vs. DCIT, 103 taxamann.com 396(Mum); (2) Moody’s Analytics Knowledge Services India Pvt. Ltd. vs. ITO(TDS), 113 taxamman.com 448 (Bang); (3) Sahara Airlines Ltd. vs. Commissioner of Customs, 110 Taxman 378 (GOI); and (4) P L Haulwel Trailers Ltd. vs. DCIT, 100 ITD 485 (Chennai) 3.2. The ld. Authorized Representative of the assessee submitted that in the aforesaid decisions, after considering CBDT Circular No.261 (supra) it has been held that the date of tendering cheque be considered as the deemed date of payment and not the date of realization of cheque. The ld. Authorized Representative of the assessee furt…

M/S MUNICIPAL CORPORATION OF GREATER MUMBAI,MUMBAI vs. DCIT-3(1), MUMBAI

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1024/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…vs. DCIT, 103 taxamann.com 396(Mum); (2) Moody’s Analytics Knowledge Services India Pvt. Ltd. vs. ITO(TDS), 113 taxamman.com 448 (Bang); (3) Sahara Airlines Ltd. vs. Commissioner of Customs, 110 Taxman 378 (GOI); and (4) P L Haulwel Trailers Ltd. vs. DCIT, 100 ITD 485 (Chennai) 3.2. The ld. Authorized Representative of the assessee submitted that in the aforesaid decisions, after considering CBDT Circular No.261 (supra) it has been held that the date of tendering cheque be considered as the deemed date of payment and not the date of realization of cheque. The ld. Authorized Representative of the assessee furt…

M/S. FORESIGHT AUTOMATION PRODUCTS PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CPC - TDS, GHAZIABAD

In the result, appeal by the assessee is allowed

ITA 2090/BANG/2019[2018-19]Status: DisposedITAT Bangalore11 Sept 2020AY 2018-19

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year : 2018-19

For Appellant: Smt.R.Pratibha, AdvocateFor Respondent: Smt.R.Premi, JCIT (DR) ITAT
Section 138Section 201Section 201(1)Section 234C

…date of payment is regarded as the date on which the cheque is handed over to the government bankers if the cheque is ultimately honoured. Our attention was also drawn to the decision of the ITAT Bench in the case of P L Haulwel Trailers Ltd., Vs. DCIT [2006] 100 ITD 485 (Chennai) wherein the identical issue in the context of the Treasury Rules referred to by the Revenue authorities was considered by the ITAT Chennai Bench in the context of levy of interest under section 234C of the Act. 6. We have given a very careful consideration to the rival submissions. We find that the issue raised in this appeal is no lon…

STANDARD CHARTERED BANK,MUMBAI vs. DCIT (TDS) 2(2), MUMBAI

The appeal stands allowed to the extent indicated in the order

ITA 2156/MUM/2018[2008-09(24Q-FY 2007-08 Q2)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…and not on the date on which it was presented for collection by the bank. Reliance was, inter-alia, placed in the decision of Chennai Tribunal in Standard Chartered Bank ITA Nos.2153 to 2156/Mum/2018 Assessment Year: 2008-09 P.L.Haulwel Trailers Ltd. Vs DCIT (100 ITD 485 20/01/2006) for the said proposition. Reliance was also placed on the decision of Hon’ble Supreme Court in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Education…

STANDARD CHARTERED BANK,MUMBAI vs. DCIT (TDS) 2(2), MUMBAI

The appeal stands allowed to the extent indicated in the order

ITA 2155/MUM/2018[2008-09 (24Q-FY 2007-08 Q1)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…and not on the date on which it was presented for collection by the bank. Reliance was, inter-alia, placed in the decision of Chennai Tribunal in Standard Chartered Bank ITA Nos.2153 to 2156/Mum/2018 Assessment Year: 2008-09 P.L.Haulwel Trailers Ltd. Vs DCIT (100 ITD 485 20/01/2006) for the said proposition. Reliance was also placed on the decision of Hon’ble Supreme Court in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Education…

STANDARD CHARTERED BANK,MUMBAI vs. DCIT (TDS) 2(2), MUMBAI

The appeal stands allowed to the extent indicated in the order

ITA 2154/MUM/2018[2008-09(24Q-FY 2007-08 Q3)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…and not on the date on which it was presented for collection by the bank. Reliance was, inter-alia, placed in the decision of Chennai Tribunal in Standard Chartered Bank ITA Nos.2153 to 2156/Mum/2018 Assessment Year: 2008-09 P.L.Haulwel Trailers Ltd. Vs DCIT (100 ITD 485 20/01/2006) for the said proposition. Reliance was also placed on the decision of Hon’ble Supreme Court in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Education…

STANDARD CHARTERED BANK,MUMBAI vs. DCIT (TDS) 2(2), MUMBAI

The appeal stands allowed to the extent indicated in the order

ITA 2153/MUM/2018[2008-09 (24Q-FY 2007-08 Q4)]Status: DisposedITAT Mumbai21 Aug 2020

Bench: Hon’Ble Shri C.N. Prasad, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकर अपील सं./ I.T.A. No.2153 To 2156/Mum/2018 (िनधा"रण वष" / Assessment Year: 2008-09) Standard Chartered Bank Dcit (Tds)-2(2) Taxation Department, Room No.717 बनाम/ C-38/39, G-Block, Behind Mca Club, Smt. K.G. Mittal Ayurvedic Hospital Bldg. Vs. 7Th Floor, Bandra Kurla Complex, Charni Road Bandra East, Mumbai 400 051. Mumbai 400 002. Pan/Tan: Aabcs-4681-D / Mums30129B (अपीलाथ"/Appellant) (""थ" / Respondent) : Assessee By : Shri Madhur Aggarwal – Ld. Ar Revenue By : Shri V. Vinod Kumar-Ld. Dr सुनवाई की तारीख/ : 18/08/2020 Date Of Hearing घोषणा की तारीख / : 21/08/2020 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Madhur Aggarwal – Ld. ARFor Respondent: Shri V. Vinod Kumar-Ld. DR
Section 154Section 200Section 201Section 220(2)

…and not on the date on which it was presented for collection by the bank. Reliance was, inter-alia, placed in the decision of Chennai Tribunal in Standard Chartered Bank ITA Nos.2153 to 2156/Mum/2018 Assessment Year: 2008-09 P.L.Haulwel Trailers Ltd. Vs DCIT (100 ITD 485 20/01/2006) for the said proposition. Reliance was also placed on the decision of Hon’ble Supreme Court in CIT V/s Ogale Glass Works Ltd. (25 ITR 529 19/04/1954) for the submissions that the payment would relate back to the date of receipt of the cheque. The said decision was stated to be followed by Hon’ble Apex Court in DIT V/s Raunaq Education…

M/S MOODY'S ANALYTICS KNOWLEDGE SERVICES (INDIA) PRIVATE LIMITED ,BANGALORE vs. INCOME TAX OFFICER (TDS) CIRCLE-2(1), BANGALORE

In the result, appeals by the assessee are allowed

ITA 145/BANG/2019[2012-13]Status: DisposedITAT Bangalore13 Dec 2019AY 2012-13

Bench: Shri N. V. Vasudevan & Shri A. K. Garodia

For Appellant: Shri Chavali Narayan, CAFor Respondent: Shri K. R. Narayana,JCIT-DR(ITAT)(Bengaluru)
Section 201Section 201(1)Section 234C

…date of payment is regarded as the date on which the cheque is handed over to the government bankers if the cheque is ultimately honoured. Our attention was also drawn to the decision of the ITAT Bench in the case of P L Haulwel Trailers Ltd., Vs. DCIT [2006] 100 ITD 485 (Chennai) wherein the identical issue in the context of the Treasury Rules referred to by the Revenue authorities was considered by the ITAT Chennai Bench in the context of levy of interest under section 234C of the Act. 6. We have given a very careful consideration to the rival submissions. We find that the issue raised in this appeal is no lon…

M/S MOODY'S ANALYTICS KNOWLEDGE SERVICES (INDIA ) PRIVATE LIMITED ,BANGALORE vs. INCOME TAX OFFICER (TDS) CIRCLE-2(1), BANGALORE

In the result, appeals by the assessee are allowed

ITA 144/BANG/2019[2011-12]Status: DisposedITAT Bangalore13 Dec 2019AY 2011-12

Bench: Shri N. V. Vasudevan & Shri A. K. Garodia

For Appellant: Shri Chavali Narayan, CAFor Respondent: Shri K. R. Narayana,JCIT-DR(ITAT)(Bengaluru)
Section 201Section 201(1)Section 234C

…date of payment is regarded as the date on which the cheque is handed over to the government bankers if the cheque is ultimately honoured. Our attention was also drawn to the decision of the ITAT Bench in the case of P L Haulwel Trailers Ltd., Vs. DCIT [2006] 100 ITD 485 (Chennai) wherein the identical issue in the context of the Treasury Rules referred to by the Revenue authorities was considered by the ITAT Chennai Bench in the context of levy of interest under section 234C of the Act. 6. We have given a very careful consideration to the rival submissions. We find that the issue raised in this appeal is no lon…

M/S MOODY'S ANALYTICS KNOWLEDGE SERVICES (INDIA) PRIVATE LIMITED ,BANGALORE vs. INCOME TAX OFFICER (TDS) CIRCLE-2(1), BANGALORE

In the result, appeals by the assessee are allowed

ITA 143/BANG/2019[2010-11]Status: DisposedITAT Bangalore13 Dec 2019AY 2010-11

Bench: Shri N. V. Vasudevan & Shri A. K. Garodia

For Appellant: Shri Chavali Narayan, CAFor Respondent: Shri K. R. Narayana,JCIT-DR(ITAT)(Bengaluru)
Section 201Section 201(1)Section 234C

…date of payment is regarded as the date on which the cheque is handed over to the government bankers if the cheque is ultimately honoured. Our attention was also drawn to the decision of the ITAT Bench in the case of P L Haulwel Trailers Ltd., Vs. DCIT [2006] 100 ITD 485 (Chennai) wherein the identical issue in the context of the Treasury Rules referred to by the Revenue authorities was considered by the ITAT Chennai Bench in the context of levy of interest under section 234C of the Act. 6. We have given a very careful consideration to the rival submissions. We find that the issue raised in this appeal is no lon…

M/S MOODY'S ANALYTICS KNOWLEDGE SERVICES (INDIA) PRIVATE LIMITED ,BANGALORE vs. INCOME TAX OFFICER (TDS) CIRCLE-2(1), BANGALORE

In the result, appeals by the assessee are allowed

ITA 142/BANG/2019[2009-10]Status: DisposedITAT Bangalore13 Dec 2019AY 2009-10

Bench: Shri N. V. Vasudevan & Shri A. K. Garodia

For Appellant: Shri Chavali Narayan, CAFor Respondent: Shri K. R. Narayana,JCIT-DR(ITAT)(Bengaluru)
Section 201Section 201(1)Section 234C

…date of payment is regarded as the date on which the cheque is handed over to the government bankers if the cheque is ultimately honoured. Our attention was also drawn to the decision of the ITAT Bench in the case of P L Haulwel Trailers Ltd., Vs. DCIT [2006] 100 ITD 485 (Chennai) wherein the identical issue in the context of the Treasury Rules referred to by the Revenue authorities was considered by the ITAT Chennai Bench in the context of levy of interest under section 234C of the Act. 6. We have given a very careful consideration to the rival submissions. We find that the issue raised in this appeal is no lon…

INTEROCEAN SHIPPING (INDIA) PVT. LTD.,NEW DELHI vs. DCIT CPC-TDS, NEW DELHI

ITA 3638/DEL/2016[2015-16 (F.Y. 2014-15)]Status: DisposedITAT Delhi21 Dec 2018

Bench: Shri O.P. Kant & Shri Kuldip Singh

For Appellant: Shri Sanjiv Rai Mehra, FCAFor Respondent: Ms. Ashima Neb, Senior DR
Section 201

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘B’ : NEW DELHI) BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.3637/Del./2016 (ASSESSMENT YEAR : 2008-09) ITA No.3638/Del./2016 (ASSESSMENT YEAR : 2015-16) Interocean Shipping (India) Pvt. Ltd., vs. DCIT, CPC-TDS, 75, Link Road, Lajpat Nagar – III, New Delhi. New Delhi – 110 024. (PAN : AAAPS1392K) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Sanjiv Rai Mehra, FCA REVENUE BY : Ms. Ashima Neb, Senior DR Date of Hearing : 17.12.2018 Date of Order : 21.12.2018 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : Since common quest…

INTEROCEAN SHIPPING (INDIA) PVT. LTD.,NEW DELHI vs. DCIT CPC-TDS, NEW DELHI

ITA 3637/DEL/2016[2008-09 (F.Y. 2007-08)]Status: DisposedITAT Delhi21 Dec 2018

Bench: Shri O.P. Kant & Shri Kuldip Singh

For Appellant: Shri Sanjiv Rai Mehra, FCAFor Respondent: Ms. Ashima Neb, Senior DR
Section 201

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘B’ : NEW DELHI) BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER and SHRI KULDIP SINGH, JUDICIAL MEMBER ITA No.3637/Del./2016 (ASSESSMENT YEAR : 2008-09) ITA No.3638/Del./2016 (ASSESSMENT YEAR : 2015-16) Interocean Shipping (India) Pvt. Ltd., vs. DCIT, CPC-TDS, 75, Link Road, Lajpat Nagar – III, New Delhi. New Delhi – 110 024. (PAN : AAAPS1392K) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Sanjiv Rai Mehra, FCA REVENUE BY : Ms. Ashima Neb, Senior DR Date of Hearing : 17.12.2018 Date of Order : 21.12.2018 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : Since common quest…

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448 (Bang); (3) Sahara Airlines Ltd. v. Commissioner of Customs (100 ITD 485) — Cited in 21 Judgments | BharatTax