How many judgments cite CIT v. Kotak Securities Ltd.?

161 judgments on BharatTax cite CIT v. Kotak Securities Ltd. (340 ITR 333), spanning 2015 to 2026.

Which sections of the Income Tax Act does CIT v. Kotak Securities Ltd. come up under?

It is most often cited in judgments turning on Section 195, Section 201(1), Section 201(1A), Section 40(a)(i), Section 194J, Section 40(a)(ia).

CIT v. Kotak Securities Ltd.

340 ITR 333High Court2012#613 most cited

What is CIT v. Kotak Securities Ltd. authority for?

A deductor's bonafide belief or reliance on a Tax Residency Certificate (TRC) can influence whether they are deemed an 'assessee in default' under Section 195 for failing to deduct tax at source on payments to non-residents. The decision clarifies the due diligence required when interpreting tax treaties and TRCs for TDS compliance.

161

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Kotak Securities Ltd. · Section 195 · Section 201(1) · Section 201(1A) · Section 40(a)(i) · bonafide belief · Tax Residency Certificate · TRC · withholding tax · TDS on non-residents · tax treaty interpretation · assessee in default

Also reported as

15 Taxmann.com 77245 CTR 3

Sections most often in play

Section 195 Section 201(1)Section 201(1A)Section 40(a)(i)Section 194J Section 40(a)(ia)

Issues it is cited on

place of effective management tax residency certificate section 195(2)section 194h trc section 194j withholding tax beneficial owner section 40(a)(i)tax treaty permanent establishment section 195

Judgments citing CIT v. Kotak Securities Ltd.

Four Dimensions Securities (India) Ltd, Mumbai vs. Addl CIT RG 4(1), Mumbai

Appeals are disposed off in terms indicated hereinabove

ITA 322/MUM/2009[2005-2006]Status: DisposedITAT Mumbai28 Oct 2015AY 2005-2006

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2005-06 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F Assessment Year: 2005-06 Addl. Commissioner Of M/S Four Dimensions Income Tax, Range-4(1), Securities (India) Ltd. बनाम/ 6Th Floor,Aayakar Bhavan, 29, Bank Street, 1St Floor, Vs. Mumbai-400020 Fort, Mumbai (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacf1734F Assessment Year: 2006-07 M/S Four Dimensions Addl. Commissioner Of Securities (India) Ltd. Income Tax, Range-4(1), बनाम/ 29, Bank Street, 1St Floor, 6Th Floor, Aayakar Bhavan, Vs. Fort, Mumbai Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacf1734F

Section 143(1)Section 143(3)Section 94(7)

…cision from Hon’ble High Court, we decide the issue of leaseline charges in favour of the assessee. 6.2. So far as transaction charges are concerned, the issue has been settled against the assessee by Hon’ble High Court in CIT vs Kotak Securities Ltd. (2012) 340 ITR 333 (Bom.) order dated 21/10/2011. Our attention was invited to order of the Tribunal in ITO vs M/s Grishma Securities Pvt. Ltd. (ITA No.6162/Mum/2010) order dated 30/11/2011, wherein, in view of the guidelines laid down by Hon’ble High Court, the Assessing Officer was directed to verify the stand of the assessee from the relevant record and decide a…