ACIT v. Grandprix Fab. (P) Ltd.

128 TTJ 60Income Tax Appellate Tribunal2010#13329 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2017 to 2022.

Judgments citing ACIT v. Grandprix Fab. (P) Ltd.

The Dy. Commr. of Income Tax, Cir.-1(2), Rajkot-Gujarat vs. M/S Ramboo Prolen Pvt. Ltd., Rajkot-Gujarat

In the result, ground number 8 of the Department’s appeal is dismissed

ITA 503/RJT/2015[2005-06]Status: DisposedITAT Rajkot16 Sept 2022AY 2005-06
For Appellant: Shri Samir Bhuptani, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 143(3)Section 28Section 40

…part default (short deduction) and no deduction. In respect of Velji Dosabhai &. Sons Pvt. Ltd the agent has issued separate bills for reimbursement of expenditure and hence in view of the decision of Hon'ble Delhi-ITAT in the case of Grandprix Fab. (P) Ltd (128 TTJ 60) no IDS is deductible on such element. Same way in the cases of Bhanu Clearing Agency and Unispec Logistic Pvt. Ltd it is observed that the amount net of ocean freight comes to less than Rs. 20,000/- and hence no IDS is deductible thereon. In the case of Hindustan Cargo Ltd the appellant has duly deducted the due tax hence no default exists. Thus…

Rheabari Tea Company Pvt. Ltd., Kolkata vs. DCIT, Circle- 4(2), Kolkata

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 2127/KOL/2019[2013-14]Status: DisposedITAT Kolkata18 Feb 2022AY 2013-14

Bench: Shri A. T. Varkey, Jm]

Section 194Section 194CSection 40

…visions. Hence, these expenses are not liable to TDS and the provisions of section 40(a)(ia) of the Act and not applicable. For this, he relied on the decision in the case of 2 Rheabari Tea Company Pvt. Ltd. AY: 2013-14 ACIT V. Grandprix Fab. (P) Ltd,. (2010) 128 TTJ 60 (Del.), wherein the Tribunal vide para 16 has held as under: “16. In respect of the payment towards agency charges amounting to Rs.1,01,219, the assesee has deducted tax amounting to Rs.2,094 at source, and the said payment has not been disallowed by the A.O. The other two payments are towards payment of customs duty, and other expenses paid by th…

Duncans Tea Ltd, Kolkata vs. A.C.I.T., Circle - 4(1), Kolkata

Appeal is dismissed

ITA 803/KOL/2018[2011-12]Status: DisposedITAT Kolkata10 Jan 2020AY 2011-12

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year: 2011-12

Section 143(3)Section 194C

…e assessee cannot be covered under the TDS provisions. Hence, these expenses are not liable to TDS and the provisions of section 40(a)(ia) of the Act and not applicable. For this he relied on the decision in the case of ACIT V. Grandprix Fab. (P) Ltd., (2010) 128 TTJ 60 (del), wherein the Tribunal vide para 16 has held as under:- ’16. In respect of the payment towards agency charges amounting to rs.1,01,219, the assessee has deducted tax amounting to Rs.2,094 at source, and the said payment has not been disallowed by the AO. The other two payments are towards payment of customs duty, and other expenses paid by th…

Bgs Sgs Soma Join Venture, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-14(1), Hyderabad

In the result, appeal of the assessee is partly allowed

ITA 559/HYD/2018[2012-13]Status: DisposedITAT Hyderabad12 Jun 2019AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmanassessment Year: 2012-13 Bgs Sgs Soma Joint Vs. Dy. Commissioner Of Venture, Hyderabad. Income-Tax, Circle – 14(1), Hyderabad Pan – Aaaab 3714F Appellant Respondent Assessee By: Shri V. Raghavendra Rao Revenue By: Shri Dinesh Paduchuri Date Of Hearing: 16/05/2019 Date Of Pronouncement: 12/06/2019 O R D E R

For Appellant: Shri V. Raghavendra RaoFor Respondent: Shri Dinesh Paduchuri
Section 143(1)Section 143(2)Section 40

…u Mehta Vs. DCIT [2016] 48 ITR(Trib) 246 (ITAT[Mum]) Head Note and Page 260 (Relevant extract only enclosed.) (P 22 to 34) iv. ACIT Vs. Modicon Network (P) Ltd [2007] 14 SOT 2014 (ITAT[Del]) Para 14 & 15. (P 35 to 41) v. ACIT Vs. Grandprix Fab. (P) Ltd [2010] 128 TTJ 60 (ITAT[Del]) Para 14 & 15 (P 42 to 46) 11. It is submitted that in terms of the above judgments of the provisions of section 40(a)(ia) are not applicable except to the extent of Rs. 5,56,774/- covered by Al(iii), (iv) & v (P 10) . The case law cited above is applicable. Disallowance of Rs. 64,000/- & commission is not disputed in Grounds of Appeal.…

Duncans Tea Ltd., Kolkata vs. DCIT, Central Circle-4(1), Kolkata

In the result, the appeal of assessee is allowed

ITA 1961/KOL/2016[2012-13]Status: DisposedITAT Kolkata31 Jul 2018AY 2012-13

Bench: Shri Aby. T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri: Subash Agarwal, Advocate, ld.ARFor Respondent: Shri Arindam Bhattacharjee, Addl. CIT, ld.DR
Section 143(3)Section 194CSection 194C(6)Section 40

…assessee cannot be covered under the TDS provisions. Hence, these expenses are not liable to TDS and the provisions of section 40(a)(ia) of the Act and not applicable. For this, he relied on the decision in the case of ACIT V. Grandprix Fab. (P) Ltd,. (2010) 128 TTJ 60 (Del.), wherein the Tribunal vide para 16 has held as under: "16. In respect of the payment towards agency charges amounting to Rs.l,01,219,the assesee has deducted tax amounting to Rs.2,094 at source, and the said payment has not been disallowed by the A. O. The other two payments are towards payment of customs duty, and other expenses paid by t…

ACIT, Cir-29, Kolkata vs. Ans Leather Company, Kolkata

In the result, the appeal filed by the Revenue is dismissed

ITA 1071/KOL/2015[2009-2010]Status: DisposedITAT Kolkata30 May 2018AY 2009-2010

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1071/Kol/2015 ("नधा"रणवष" / Assessment Year: 2009-10) Acit, Circle-29, Kolkata Vs. Ans Leather Company

For Appellant: Shri Soumyajit Dasgupta, Addl. CIT(Sr. DR)For Respondent: Shri Subash Agarwal, Advocate
Section 133(6)Section 143(2)Section 143(3)Section 172Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL “B”, BENCH KOLKATA BEFORE SHRI A. T. VARKEY, JM &DR. A.L.SAINI, AM आयकरअपीलसं./ITA No.1071/Kol/2015 ("नधा"रणवष" / Assessment Year: 2009-10) ACIT, Circle-29, Kolkata Vs. ANS Leather Company 24, Bright Street, Kolkata – 700 017. Aayakar Bhawan Dakhin, 2, Gariahat Road (South), Kol-700 068. "थायीलेखासं./जीआइआरसं./PAN/GIR No. :AAGFA 1002 L (Appellant) .. (Respondent) Appellant by :Shri Soumyajit Dasgupta, Addl. CIT(Sr. DR) Respondent by :Shri Subash Agarwal, Advocate सुनवाईक"तार"ख/ Date of Hearing : 01/05/2018 घोषणाक"तार"ख/Date of Pronouncement : 30/05/2018 आदेश / O R D E R Per…

ITO, WD-58(1), Kolkata vs. M/S Itd-Itd Cem Jv (Consortium of Itd Itd Cementation), Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1462/KOL/2014[2011-12]Status: DisposedITAT Kolkata12 Jul 2017AY 2011-12
For Appellant: Disha Kedia, ACAFor Respondent: Shri Sourabh Kumar, Addl. CIT (DR)
Section 133A(1)Section 194ASection 194CSection 194ISection 201(1)

…between the payment of interest or the reimbursement of interest and it clearly provides that any interest amount is paid the TDS has to be deducted on such interest expenses. The CIT(A) by placing reliance in the case of Grand Prix Fab Pvt. Ltd. reported in 128 TTJ 60 (Delhi) and in the case of Utility Powertech Ltd. of Mumbai Tribunal and held when there is no element of income and the payment of only reimbursement expenses no disallowance can be made under section 40(a)(ia) of the Act. The relevant portion of which is reproduced here-in-below: “The submission of the appellant its rejoinder to the Remand Repor…