IDBI v. Income Tax Officer

293 ITR 267High Court#10474 most cited

What is IDBI v. Income Tax Officer authority for?

Tax Deducted at Source (TDS) provisions cannot be applied when the identity of the ultimate recipient of the amount is not known. TDS cannot be made when there is no reasonable certainty on the amount of income accruing in the hands of a Non-Resident, or when the recipient has already offered the income to tax.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2018.

Also referred to as

IDBI v. Income Tax Officer · 293 ITR 267 · TDS · Tax Deducted at Source · unknown recipient · non-resident income · section 194A · section 40(a)(i) · section 40(a)(ia)

Judgments citing IDBI v. Income Tax Officer

The Principal Officer, Sarda Mines Pvt. Ltd., Keonjhar vs. ACIT(TDS)-II, Bhubaneswar

In the result, appeals filed by the assessee are allowed

ITA 298/CTK/2017[2009-10]Status: DisposedITAT Cuttack31 Aug 2018AY 2009-10

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri Bhagban Panda/D.K.Mohanty, ARFor Respondent: Shri Subhendu Datta, DR
Section 194Section 201(1)

…Income Tax Return of SL & ML Sarda without adducing any evidence that SL & ML Sarda has offered the income from the sale of such capital assets to taxation does not cut any ice and therefore, ratio of the case in Hindustan Coca Cola Beverage (P), Ltd Vs. CIT 293 ITR 267 is not applicable to the case of the appellant. In that view of the matter, it is held that the appellant deductor is liable for TDS u/s 194-1 of the I.T.Act for use of assets of SL & ML Sarda. As stated above, “there is no mention of any consideration paid by the appellant deductor to SL & ML Sarda for transfer of Mining Lease evident from the…

The Principal Officer, Sarda Mines Pvt. Ltd., Keonjhar vs. ACIT(TDS)-II, Bhubaneswar

In the result, appeals filed by the assessee are allowed

ITA 297/CTK/2017[2008-09]Status: DisposedITAT Cuttack31 Aug 2018AY 2008-09

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri Bhagban Panda/D.K.Mohanty, ARFor Respondent: Shri Subhendu Datta, DR
Section 194Section 201(1)

…Income Tax Return of SL & ML Sarda without adducing any evidence that SL & ML Sarda has offered the income from the sale of such capital assets to taxation does not cut any ice and therefore, ratio of the case in Hindustan Coca Cola Beverage (P), Ltd Vs. CIT 293 ITR 267 is not applicable to the case of the appellant. In that view of the matter, it is held that the appellant deductor is liable for TDS u/s 194-1 of the I.T.Act for use of assets of SL & ML Sarda. As stated above, “there is no mention of any consideration paid by the appellant deductor to SL & ML Sarda for transfer of Mining Lease evident from the…

Jm Financial Services Ltd., Mumbai vs. DCIT (TDS) - 2(1), Mumbai

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

ITA 3041/MUM/2016[2012-13]Status: DisposedITAT Mumbai23 May 2018AY 2012-13

Bench: Shri Saktijit Dey & Shri Manoj Kumar Aggarwaljm Financial Services Ltd. 1St Floor, “B” Wing, Suashish I.T. Park Plot No.68E, Off Dattapada Road ……………. Appellant Opp. Tata Steel, Borivali (East) Mumbai 400 066 Pan – Aaacj5977A V/S Dy. Commissioner Of Income Tax (Tds) ……………. Respondent Circle–2(1), Mumbai

For Appellant: ShriFarrokh V. Irani, Sr. CounselFor Respondent: Smt. ArjuGarodia
Section 133ASection 194ASection 197(1)Section 201Section 201(1)

…he persons to whom the amount is ultimately paid or credited is not known, TDS provisions cannot be applied. In this context, the assessee relied upon a decision of the Hon'ble Jurisdictional High Court in case of Industrial Development Bank of India v/s ITO, 293 ITR 267 (Bom). Without prejudice, it was also submitted that the borrowing fee paid not being in the nature of interest, the provisions of section 194A of the Act are not applicable. The Assessing Officer, however, did not find merit in the submissions of the assessee. He observed, NSCCL is neither exempt from provisions of TDS under section 197(1) of th…

ITO 33(1)(1), Mumbai vs. Arun Damji Gada, Mumbai

In the result appeal of the Revenue is allowed in part in terms indicated hereinabove

ITA 902/MUM/2015[2010-11]Status: DisposedITAT Mumbai19 Mar 2018AY 2010-11

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm Ito 33(1)(1), Vs. Shri Arun Damji Gada R.No.304, 3Rd Floor 403, God Gift, A Wing Bldg No.C-11, Adarsh Nagar Pratyakshakar Bhawan Adarsh Dugdhalya Lane Bkc, Bandra (E) Malad (E) Mumbai - 400051 Mumbai – 400 064 Pan/Gir No. Aabpg3923F Appellant) Respondent) ..

Section 143(3)Section 40

…erate in the absence of identification of the person in whose hands the said expenditure is taxable as income, These facts are squarely covered by the decisions of Hon. ITAT Mumbai in the case of Industrial Bank of India vs Income Tax Officer 2007(107 ITD 45)/293 ITR 267. However from the details or these expenses filed by the AR, it is observed that the entire provisions are not all liable for the tax deductions at source for the various reasons like below the prescribed limits and in the nature of purchase of Raw materials and in some case the required TDS has been deducted but at different point in time i.e ei…

DCIT, Chennai vs. Sical Logistics Ltd., Chennai

ITA 1697/CHNY/2014[2010-11]Status: DisposedITAT Chennai18 Aug 2017AY 2010-11

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

…hen there is no reasonable certainty on the amount of income accruing in the hands of Non Resident, then TDS cannot be made. To reach the above conclusion, the appellant placed reliance on the decision of ITAT Mumbai in the case of IDBI V. Income Tax Officer (293 ITR 267). iv. There cannot be any disallowance if the recipient had offered the same to tax. Since in the case of the appellant, the recipients have offered the premium for tax in India as per their method of accounting, no disallowance can be made u/s.40(a)(i) of IT Act 1961. v. The whole scheme of TDS proceeds on the assumption that the person whose l…

DCIT, Chennai vs. Sical Logistics Ltd., Chennai

ITA 1696/CHNY/2014[2009-10]Status: DisposedITAT Chennai18 Aug 2017AY 2009-10

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

…hen there is no reasonable certainty on the amount of income accruing in the hands of Non Resident, then TDS cannot be made. To reach the above conclusion, the appellant placed reliance on the decision of ITAT Mumbai in the case of IDBI V. Income Tax Officer (293 ITR 267). iv. There cannot be any disallowance if the recipient had offered the same to tax. Since in the case of the appellant, the recipients have offered the premium for tax in India as per their method of accounting, no disallowance can be made u/s.40(a)(i) of IT Act 1961. v. The whole scheme of TDS proceeds on the assumption that the person whose l…

DCIT, Chennai vs. Sical Logistics Ltd., Chennai

ITA 1695/CHNY/2014[2008-09]Status: DisposedITAT Chennai18 Aug 2017AY 2008-09

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

…hen there is no reasonable certainty on the amount of income accruing in the hands of Non Resident, then TDS cannot be made. To reach the above conclusion, the appellant placed reliance on the decision of ITAT Mumbai in the case of IDBI V. Income Tax Officer (293 ITR 267). iv. There cannot be any disallowance if the recipient had offered the same to tax. Since in the case of the appellant, the recipients have offered the premium for tax in India as per their method of accounting, no disallowance can be made u/s.40(a)(i) of IT Act 1961. v. The whole scheme of TDS proceeds on the assumption that the person whose l…

DCIT, Circle - 8, Kolkata vs. M/S. Tata Steel Processing & Distribution Limited, Kolkata

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

ITA 379/KOL/2012[2008-09]Status: DisposedITAT Kolkata21 Sept 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 143(2)Section 143(3)Section 40

…s. The disallowance has been made under Sec. 40a (ia) on the ground that no TDS on the said amount has been made. The appellant's submission on this issue is a matter of record. It has relied on the decision of the Hon'ble Mumbai Tribunal in the case of IDBI [293 ITR 267 (T Mumbai)J. In my opinion. this liability of the appellant comes about only at the end of the previous year which is the financial year. In that event. the appellant's case would seem to have been covered by the Clause (A) of Section 40a(ia). The appellant would therefore be liable to deduct and pay taxes before the statutory date of filing the…

Tata Steel Processing and Distribution Ltd., Kolkata vs. DCIT, Circle - 8, Kolkata

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

ITA 303/KOL/2012[2008-09]Status: DisposedITAT Kolkata21 Sept 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 143(2)Section 143(3)Section 40

…s. The disallowance has been made under Sec. 40a (ia) on the ground that no TDS on the said amount has been made. The appellant's submission on this issue is a matter of record. It has relied on the decision of the Hon'ble Mumbai Tribunal in the case of IDBI [293 ITR 267 (T Mumbai)J. In my opinion. this liability of the appellant comes about only at the end of the previous year which is the financial year. In that event. the appellant's case would seem to have been covered by the Clause (A) of Section 40a(ia). The appellant would therefore be liable to deduct and pay taxes before the statutory date of filing the…

DCIT, Circle - 8, Kolkata vs. M/S. Tata Ryerson Limited, Kolkata

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

ITA 1124/KOL/2010[2006-07]Status: DisposedITAT Kolkata21 Sept 2016AY 2006-07

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 143(2)Section 143(3)Section 40

…s. The disallowance has been made under Sec. 40a (ia) on the ground that no TDS on the said amount has been made. The appellant's submission on this issue is a matter of record. It has relied on the decision of the Hon'ble Mumbai Tribunal in the case of IDBI [293 ITR 267 (T Mumbai)J. In my opinion. this liability of the appellant comes about only at the end of the previous year which is the financial year. In that event. the appellant's case would seem to have been covered by the Clause (A) of Section 40a(ia). The appellant would therefore be liable to deduct and pay taxes before the statutory date of filing the…