ITO v. Parag Mahasukhlal Shah

46 SOT 302Income Tax Appellate Tribunal2011#9832 most cited
11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 194ASection 194HSection 2(28A)Section 201(1)Section 201(1A)Section 250Section 133A(2A)Section 40(a)(i)

Issues it is cited on

section 2(28a)section 133a(2a)section 80hsection 194hinterest under section 201(1a)section 80hhcsection 80hhinterest on securitiessection 194asection 201(1a)section 57survey under section 133a

Judgments citing ITO v. Parag Mahasukhlal Shah

DCIT(OSD)(TDS) - 2(3), MUMBAI vs. WOCKHARDT LTD., MUMBAI

Appeal of the revenue is partly allowed

ITA 2636/MUM/2025[2017-18]Status: DisposedITAT Mumbai19 Jun 2025AY 2017-18

Bench: Ms Padmavathy S, Am & Shri Sandeep Singh Karhail, Jm

For Appellant: Shri Ayush Chhajed, ARFor Respondent: Shri Arun Kanti Datta, CIT-DR
Section 133ASection 194ASection 194HSection 201(1)Section 250Section 40

…for purchases effected from company. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 taxmann.com 37 the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with the delayed purchase payments will not fall within the category of interest as defined in section 2(28A). The payment made by the assessee in the present appeal being of similar nature also cannot be te…

DCIT(OSD)(TDS)-2(3), MUMBAI, MUMBAI vs. WOCKHARDT LTD., MUMBAI

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

ITA 2633/MUM/2024[2015-16]Status: DisposedITAT Mumbai01 Aug 2024AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh

Section 194ASection 194HSection 2Section 201Section 201(1)Section 222Section 271C

…for purchases effected from company. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 taxmann.com 37 the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with the delayed purchase payments will not fall within the category of interest as defined in section 2(28A). The payment made by the assessee in the present appeal being of similar nature also cannot be te…

M/S STANDARD FINANCIAL CONSULTANTS PVT. LTD. ,KOLKATA vs. DCIT, CIR.7(2), KOLKATA

In the result, assessee’s appeal stands allowed

ITA 178/KOL/2021[2015-16]Status: HeardITAT Kolkata08 Jan 2024AY 2015-16

Bench: Sri Rajesh Kumar & Sonjoy Sarma

Section 194ASection 2Section 40

…payment of the bills for the purchases does not fall under the provisions of section 194A of the Act. In this connection, we find the guidance and support from the order of Hon’ble ITAT Ahmadabad Benches in the case of ITO vs Parag Mahasukhal Shah reported in 46 SOT 302 wherein it was held as under: “The true character of the term interest has been defined, but the definition appears to be wide, inter alia, covers interest payable in any manner in respect of loans, debts, deposits, claims and other similar rights or obligations. This definition further includes service charges but those charges should be in respe…

DCIT (TDS)(OSD) - 2(3), MUMBAI vs. M/S. WOCKHARDT LTD., MUMBAI

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

ITA 2131/MUM/2022[2014-15]Status: DisposedITAT Mumbai30 Dec 2022AY 2014-15

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2014-15 Dcit (Tds) (Osd)-2(3), M/S Wockhardt Ltd., Room No. 310, 3Rd Floor, Mtnl Wockhardt Towers, Bandra Building, Cumballa Hill, Vs. Kurla Complex, Mumbai-400026. Mumbai-400051. Pan No. Aaacw 2472 M Appellant Respondent : Assessee By Mr. Pranay Gandhi, Ar : Revenue By Mr. Byomakesh Pradipta Kumar Panda, Cit-Dr : Date Of Hearing 20/12/2022 : Date Of Pronouncement 30/12/2022

For Respondent: Assessee by Mr. Pranay Gandhi, AR
Section 194H

…from the as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. order of the ITAT Ahmedabad Bench in the case of ITO v. order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 taxmann.com 37 the Tribunal has held that a payment which taxmann.com 37 the Tribunal has held that a payment which taxmann.com 37 the Tribunal has held that a payment which has direct link and immediate nexus with the has direct link and immediate nex…

DCIT (TDS)-2(3), MUMBAI vs. WOCKHARDT LIMITED, MUMBAI

Appeal is dismissed

ITA 2314/MUM/2022[2013-14]Status: DisposedITAT Mumbai20 Dec 2022AY 2013-14

Bench: Shri Kuldip Singh & Shri S. Rifaur Rahmanassessment Year: 2013-14

For Appellant: Shri Vallabh Gokhale, A.RFor Respondent: Shri Byomakesh Pradipta Kumar Panda, D.R
Section 133ASection 194ASection 194HSection 201Section 201(1)

…for purchases effected from company. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 taxmann.com 37 the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with 14 M/s. Wockhardt Ltd. the delayed purchase payments will not fall within the category of interest as defined in section 2(28A). The payment made by the assessee in the present appeal being of similar…

JCIT (OSD) (TDS)-2(3). MUMBAI, MUMBAI vs. M/S WOCKHARDT LTD, MUMBAI

In the result, the appeal by the Revenue for the assessment year 2012–

ITA 894/MUM/2022[2011-12]Status: DisposedITAT Mumbai21 Nov 2022AY 2011-12

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Pranay GandhiFor Respondent: Shri A.B. Koli
Section 133ASection 194ASection 194HSection 201Section 201(1)Section 250

…for purchases effected from company. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 taxmann.com 37 the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with the delayed purchase payments will not fall within the category of interest as defined in section 2(28A). The payment made by the assessee in the present appeal being of similar nature also cannot be te…

JCIT (OSD) (TDS)-2(3), MUMBAI., MUMBAI. vs. M/S WOCKHARDT LTD , MUMBAI

In the result, the appeal by the Revenue for the assessment year 2012–

ITA 893/MUM/2022[2012-13]Status: DisposedITAT Mumbai21 Nov 2022AY 2012-13

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Pranay GandhiFor Respondent: Shri A.B. Koli
Section 133ASection 194ASection 194HSection 201Section 201(1)Section 250

…for purchases effected from company. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 taxmann.com 37 the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with the delayed purchase payments will not fall within the category of interest as defined in section 2(28A). The payment made by the assessee in the present appeal being of similar nature also cannot be te…

DCIT (TDS)-2(3), MUMBAI vs. WOCKHARDT LIMITED, MUMBAI

Accordingly, the grounds (c) raised by the revenue are dismissed

ITA 6803/MUM/2018[2010-11]Status: DisposedITAT Mumbai11 Dec 2020AY 2010-11

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 6803/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2010-11) Dcit (Tds)-2(3), M/S Wockhardt Ltd. 6Th Floor, Wockhardt Smt. K. G. Mittal बिधम/ Ayurvedic Hospital Bldg. Tower, G Block, Bandra Vs. Room No. 718, 7Th Floor, Kurla Complex, Bandra, Charni Road (W), Mumbai-400 051 Mumbai-400 002 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaacw2472M (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & C.O. No. 51/Mum/2020 (निर्धारणवर्ा / Assessment Year: 2010-11) M/S Wockhardt Ltd. Dcit (Tds)-2(3), 6Th Floor, Wockhardt Smt. K. G. Mittal बिधम/ Tower, G Block, Bandra Ayurvedic Hospital Bldg. Vs. Room No. 718, 7Th Floor, Kurla Complex, Bandra, Charni Road (W), Mumbai-400 051 Mumbai-400 002 (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Anand Mohan, Dr प्रत्यथीकीओरसे/Respondentby : Shri Kirit Kamdar, Ar सुनवाईकीतारीख/ : 02.11.2020 Date Of Hearing घोषणाकीतारीख / : 11.12.2020 Date Of Pronouncement

For Appellant: Shri Anand Mohan, DRFor Respondent: Shri Kirit Kamdar, AR
Section 133ASection 194ASection 194HSection 201(1)

…for purchases effected from company. Therefore, it has to be seen as to whether such payment is in the nature of interest as envisaged under section 2(28A). As seen from the order of the ITAT Ahmedabad Bench in the case of ITO v. Parag Mahasukhlal Shah [2011] 46 SOT 302 / 12 taxmann.com 37 the Tribunal has held that a payment which has direct link and immediate nexus with the trading liability being connected with the delayed purchase payments will not fall within the category of interest as defined in section 2(28A). The payment made by the assessee in the present appeal being of similar nature also cannot be te…

KAKHANI METAL PRIVATE LIMITED,,AHMEDABAD vs. ACIT, CIRCLE-2(1)(2),, AHMEDABAD

The appeals of the assessee are allowed

ITA 512/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad16 Oct 2019AY 2013-14
For Appellant: Shri Suresh R. Shah, A.RFor Respondent: Shri S.K. Dev, Sr.DR
Section 143(3)Section 194Section 194ASection 2Section 40

…available on record. The issue in the instant case relates to the interest on the delayed payment to the trade creditors which partakes the character of purchase expenses as held by the ITAT Ahmedabad in the case of ITO Vs. Parag Mahasukhlal Shah reported in 46 SOT 302 wherein it was held as under: In the light of aforesaid, it was opined that the impugned payment had a direct link and immediate nexus with the trade liability being connected with the delayed purchase payment, hence, it did not fall within the category of 'interest' as defined in section 2(28A) for the purpose of deduction of tax at source as pr…

KUNDU BROTHERS,SILIGURI vs. DCIT, CIRCLE - 2, SILIGURI, SILIGURI

In the result, the appeal of the assessee is allowed

ITA 1569/KOL/2017[2012-13]Status: DisposedITAT Kolkata30 May 2018AY 2012-13

Bench: Shri P.M. Jagtap

Section 194ASection 2Section 40Section 68

…I.T.A. No 1569/KOL/2017 Assessment year: 2012-2013 Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘SMC’ BENCH, KOLKATA Before Shri P.M. Jagtap, Accountant Member I.T.A. No. 1569/KOL/2017 Assessment Year: 2012-2013 Kundu Brothers,.........................................................................Appellant C/o. S.N. Ghosh & Associates, Advocates, ‘Seven Brothers’ Lodge”, P.O. Buroshibtala, P.S. Chinsurah, Dist. Hooghly-712 105 [PAN: AAEFK 0628 G] -Vs.- Deputy Commissioner of Income Tax,.....................................Respondent Circle-2, Siliguri, Aayakar Bhawan, Paribavan Nagar, P.O. M…

HARBHAJAN SINGH,BURDWAN vs. I.T.O WD - 1(4),KOLKATA, ASANSOL

In the result, assessee’s appeal stands allowed

ITA 1076/KOL/2013[2008-09]Status: DisposedITAT Kolkata18 Jan 2017AY 2008-09

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2008-09

Section 143(3)Section 269S

…Vs. ITO Wd-1(4), Asl. Page 6 purchases does not fall under the provisions of section 194A of the Act. In this connection, we find the guidance and support from the order of Hon’ble ITAT Ahmadabad Benches in the case of ITO vs Parag Mahasukhal Shah reported in 46 SOT 302 wherein it was held as under : “The true character of the term interest has been defined, but the definition appears to be wide, inter alia, covers interest payable in any manner in respect of loans, debts, deposits, claims and other similar rights or obligations. This definition further includes service charges but those charges should be in resp…

ITO v. Parag Mahasukhlal Shah (46 SOT 302) — Cited in 11 Judgments | BharatTax