ITO v. Shri Anupallavi Finance & Investment

131 ITD 205Income Tax Appellate Tribunal2011#22377 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2018.

Judgments citing ITO v. Shri Anupallavi Finance & Investment

Express Global Logistics P.Ltd, Mumbai vs. Asst CIT 2(1)(2), Mumbai

In the result appeal of the assessee is allowed as indicated above

ITA 1194/MUM/2017[2008-09]Status: DisposedITAT Mumbai11 Jul 2018AY 2008-09

Bench: Shri Saktijit Dey & Shri Ramit Kochar

For Appellant: Shri Tanmay PhadkeFor Respondent: Shri. Ram Tiwari

Section 143(1)Section 154

…s & Morgans Kolkata, vs. ACIT Circle 54, Kolkata (ITAT Kolkata) - (ITA No.1520/Kol/2009 AY 2004-05 dt 23rd September, 2015. 3. High Court of Delhi on Its Own Motion vs. Union of India [2013] 31 taxmann.com 31 4. ITO vs. Anupallavi Finance & Investments [2011] 131 ITD 205 (Chennai Trib.) 5. Pardeep Kumar Dhir v. ACIT[2007] 109 TTJ 445 (Chandigarh Trib.) 6. Smt. Varsha G. Salunke v. DCIT[2006] 98 ITD 147 (Mumbai Trib,) 7. Yashpal Sawhney v. ACIT[2007]293ITR 539 (Bom) 6.5 Section 155 (14) reads as under:- Where in the assessment for any previous year or in any intimation or deemed intimation under sub-section (1) of…

Diu Resorts P.Ltd, Mumbai vs. ITO 8(1)(3), Mumbai

The appeal of the assessee is allowed

ITA 4797/MUM/2015[2011-12]Status: DisposedITAT Mumbai05 Jan 2016AY 2011-12

Bench: Shri Joginder Singh, Assessment Year: 2011-12 M/S Diu Resorts Pvt. Ltd, Ito-8(1)(3), Flat No.1404, B-29, Shastri Mumbai, बनाम/ Nagar, Opp. J.P. Road, Vs. Andheri(W), Mumbai-400029 "नधा"रती / Assessee राज"व / Revenue P.A. No.Aabcd2843A

Section 143(1)

…t advanced by Shri Bhupendra Shah, ld. counsel for the assessee, is identical to the ground raised by placing reliance upon the decision in Toyo Engineering India Ltd. vs JCIT(2006) 100 TTJ (Mum.) 373, ITO vs Shri Anupallavi Finance and Investment Ltd. (2011) 131 ITD 205 (Chennai) and ITO vs Amee Hosang Mistry (2014) 29 ITR (Trib.) 397 (Mumbai). On the other hand, the ld. DR, Shri A.K.Dhondial, defended the conclusion arrived at in the impugned order by contending that the assessee was to deduct TDS which has not been deducted. In reply, the ld. counsel for the assessee, explained that the assessee is following p…

Finmechanics India P.Ltd, Mumbai vs. ITO 8(1)(4), Mumbai

In the result, the assessee’s appeal is partly allowed

ITA 4847/MUM/2015[2011-12]Status: DisposedITAT Mumbai04 Dec 2015AY 2011-12

Bench: Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. No. 4847/Mum/2015 ("नधा"रण वष" / Assessment Year: 2011-12) Fin Mechanics India P. Ltd. Ito-8(1)(4), बनाम/ A-406, The Capital, Aaykar Bhawan, M. K. Road, Bandra Kurla Complex, Bandra (E), Mumbai-400 020 Vs. Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aabcf 3599 D (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Rajesh Kothari ""यथ" क" ओर से/Respondent By : Shri B. S. Bist सुनवाई क" तार"ख / : 01.12.2015 Date Of Hearing : 04.12.2015 Date Of Order आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-16, Mumbai (‘Cit(A)’ For Short) Dated 07.1.2015, Dismissing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2011- 12 Vide Order Dated 26.12.2013. 2. The Appeal Raises Two Grounds, Which We Shall Take Up In Seriatim. The Brief Facts In Relation To The First Ground Are That The Assessing Officer (A.O.) Observed The 2 Fin Mechanics India P. Ltd. Vs. Ito Assessee, A Company In The Business Of Information Technology Services, To Have Not Deducted Tax At Source (Tds) On Professional Fees Properly (I.E., To The Extent Of Rs.4,136/-), Even As Reflected In The Tax Audit Report (Tar) Itself. While The Tax Deduction For Rs.3,861/- Was In The Following Year, I.E., The Previous Year Relevant To A.Y. 2012-13, That For Rs.275/- Was Not Deducted At All. The Same Being Deductible U/S.194J, Prescribing The Rate Of Deduction Of Tax At Source At 10%, He Accordingly Effected Disallowance U/S. 40(A)(Ia) At Rs.41,360/-. The Same Came To Be Confirmed For The Same Reasons, So That, Aggrieved, The Assessee Is In Second Appeal.

For Appellant: Shri Rajesh KothariFor Respondent: Shri B. S. Bist

Section 143(3)Section 194JSection 40

…e, is no conformity with the basic postulate that TDS is toward charge of tax on income (section 4), and being in fact only a mode of recovery of tax. The matter stands explained at length by the Tribunal in ITO vs. Shri Anupallavi Finance & Investment [2011] 131 ITD 205 (Chennai). Referring to the relevant provisions, being sections 190, 191, 198 and 199 - which stands amended by Finance Act, 2008 w.e.f. 01.4.2008, so that it has now to be read along with rule (37BA), it explains the same to represent a justifiable, commonsense and purposive view, relying on the decision by the Hon’ble Apex Court in CIT vs. J. H…