How many judgments cite Supreme Renewable Energy Ltd. v. ITO?

35 judgments on BharatTax cite Supreme Renewable Energy Ltd. v. ITO (3 ITR (Trib) 339), spanning 2017 to 2024.

Which sections of the Income Tax Act does Supreme Renewable Energy Ltd. v. ITO come up under?

It is most often cited in judgments turning on Section 143(3), Section 1961, Section 197, Section 199(1).

Supreme Renewable Energy Ltd. v. ITO

3 ITR (Trib) 339Income Tax Appellate Tribunal2010#3431 most cited

What is Supreme Renewable Energy Ltd. v. ITO authority for?

Once Tax Deducted at Source (TDS) is deducted and paid to the Central Government, credit for such tax must be given to the assessee, irrespective of the assessment year to which it relates. This principle applies even to amended provisions of Section 199(1) of the Income Tax Act, 1961.

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2017 to 2024.

Also referred to as

Supreme Renewable Energy Ltd. v. ITO · TDS credit · section 199(1) · irrespective of year · amended provisions

Also reported as

124 ITD 39432 DTR 140

Sections most often in play

Section 143(3)Section 1961 Section 197 Section 199(1)

Issues it is cited on

recognised provident fund section 50b section 43b(f)approved gratuity fund section 40a(9)section 211 wholly and exclusively for business section 35d slump sale section 32(1)(ii)domestic company full value of consideration

Judgments citing Supreme Renewable Energy Ltd. v. ITO

Hcl Comnet Ltd., New Delhi vs. DCIT Circle-11(1), New Delhi

In the result, Appeal filed by the Assess in ITA No

ITA 5968/DEL/2019[2016-17]Status: DisposedITAT Delhi30 Jun 2023AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar U.S.

For Appellant: Sh. Aditya Vohra, Adv & ShFor Respondent: Sh. Sanjay Kumar, Sr. Ld. DR

Section 115J

…, credit of the same should be given to the assessee, irrespective of year to which it relates: HCL Comnet Systems Services Ltd. Vs. DCIT " ACIT vs. Peddu Srinivasa Rao (ITA No. 324/Vizag/2Q09 dated March¬ 03, 2011) " Supreme Renewable Energy Limited vs. ITO 32 DTR 140 (Chennai) " Escort Ltd. vs. ACIT (15 SOT 368 DEL) " Sadbhav Engineering Ltd. vs. DOT 45 taxmann.com 333 (Ahmadabad- Trib.) " Zelan Projects Pvt. Ltd. vs. DOT ITA No. 1361/Hyd./2013¬ (Hyderabad - Trib) " Chander Shekhar Aggarwal vs. ACIT, Circle 37(1), New Delhi (Delhi ITAT) 13. The ld. CIT(A) confirmed the addition based on the order of the…

Hcl Comnet Systems & Services Ltd., New Delhi vs. DCIT, Circle- 11(1), New Delhi

In the result, Appeal filed by the Assess in ITA No

ITA 5967/DEL/2019[2016-17]Status: DisposedITAT Delhi30 Jun 2023AY 2016-17

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar U.S.

For Appellant: Sh. Aditya Vohra, Adv & ShFor Respondent: Sh. Sanjay Kumar, Sr. Ld. DR

Section 115J

Brij Gopal Construction Company P Ltd., Delhi vs. ACIT Special Range-2, Delhi

In the result, the appeal of the assessee stands allowed

ITA 813/DEL/2022[2015-16]Status: DisposedITAT Delhi19 May 2023AY 2015-16

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2015-16 Brij Gopal Construction Company P. Ltd., Vs Acit, A-7/2, Shivaji Apartment, Sector-14, Special Range-2, Rohini, Delhi. New Delhi – 110 085. Pan: Aadcb7702J (Appellant) (Respondent) Assessee By : Ms Monika Aggarwal, Advocate Revenue By : Ms Princy Singhla, Sr. Dr Date Of Hearing : 10.05.2023 Date Of Pronouncement : 19.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.813/Del/2022 For Ay 2015-16 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-24, New [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Appeal No.Cit(A), Delhi-2/10198/2019-20 Dated 07.03.2022 Against The Order Of Assessment Passed U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 09.12.2017 By The Ld. Assessing Officer, Spl. Range-2, New Delhi (Hereinafter Referred To As ‘Ld. Ao’). 2. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: Ms Monika Aggarwal, AdvocateFor Respondent: Ms Princy Singhla, Sr. DR

Section 143(3)Section 154

…The certificate was issued in the year in which this mobilization amount was paid to the assessees. The Ld. Counsel for the assessee further contended that all these aspects were examined by the Tribunal in the case of Supreme Renewable Energy Limited Vs. ITO 32 DTR 140. 8. ….As per amended provisions of section 199, in subsection 1, it has been stated that any deductions made in accordance with the foregoing provisions of this chapter and paid to the Central Government shall be treated as a payment of tax on behalf of the person from whose income the deduction was made. Therefore, as per the amended provisions,…

Neelkanth Developers, Gandhinagar vs. The Asst. Director of Income Tax, CPC, Banglore

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

ITA 350/AHD/2021[2019-20]Status: DisposedITAT Ahmedabad27 Dec 2022AY 2019-20

For Appellant: Shri Hardik Vora, A.RFor Respondent: Shri N.J. Vyas, Sr. D.R

Section 143(1)Section 194Section 234BSection 234C

…uld be offered to tax either in the same year or in any of the earlier years) and the assessee is able to correlate the income offered to tax with the TDS deducted, the assessee is eligible for credit of TDS. In the case of Supreme Renewable Energy Ltd.[2010] 124 ITD 394 (Chennai), ITAT held that when a particular income is received by assessee after deduction of tax at source and said TDS has been duly deposited with Government and assessee has received requisite certificate to this effect, then on production of said certificate assessee becomes entitled to credit of TDS, even if assessee has not directly offere…

Neelkanth Developers, Gandhinagar vs. The Asst. Director of Income Tax, CPC, Banglore

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

ITA 349/AHD/2021[2018-19]Status: DisposedITAT Ahmedabad27 Dec 2022AY 2018-19

For Appellant: Shri Hardik Vora, A.RFor Respondent: Shri N.J. Vyas, Sr. D.R

Section 143(1)Section 194Section 234BSection 234C

Shri Jitendra P. Shah, Ahmedabad vs. The DCIT, CPC, Banglore

In the result, the appeal of the assessee is allowed

ITA 1113/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad30 Nov 2022AY 2016-17

For Appellant: Shri M.J. Shah, A.R. &For Respondent: Shri Atul Pandey, Sr. D.R

Section 145Section 154Section 199(3)

…ceipt basis i.e. by following cash basis of accounting, even though the client/deductor had deducted tax in earlier years by following an “accrual” basis of accounting. Notably, the ITAT Chennai Bench in the case of Supreme Renewable Energy Ltd. v. ITO [2010] 124 ITD 394 held that "when a particular income is received by assessee after deduction of tax at source and said TDS has been duly deposited with the Government and the assessee has received requisite certificate to this effect, then on production of the said certificate the assessee becomes entitled to credit of TDS, even if the assessee has not directly o…

Hampi Expressways Pvt Ltd, Mumbai vs. Dy Commissioner of Income Tax Range-1(1)(2), Mumbai

ITA 895/MUM/2022[2017,-2018]Status: DisposedITAT Mumbai18 Oct 2022

For Appellant: Shri M.M. GolvalaFor Respondent: Shri Tejinder Pal Singh

Section 115JSection 143(3)Section 199Section 234BSection 234D

…d, the Appellant relied upon the following judicial precedents - CIT vs. Bhooratnam & Co. (29 taxmann.com 275) (AP) - CIT vs. Relcom (62 taxmann.com 190) Delhi - IVRCL KBL (JV) vs. ACIT, Hyderabad (67 taxmann.com (A.P) - Supreme Reneable Energy Ltd. vs. ITO (124 ITD 394) Chennai ITAT) - Escorts Ltd. vs. DCIT (15 SOT 368) (Delhi ITAT) As regards, tax deducted at source by SBI amounting to INR.23,016/-, the Ld. Authorised Representative for the Appellant submitted that the corresponding income of INR 2,30,136/- has been offered to tax during the relevant assessment year. The finding returned by the Assessing Offi…

DCIT, Circle- 11(1), New Delhi vs. Hcl Comnet Systems & Services Ltd., New Delhi

In the result, the appeal of the assessee on this ground is allowed for statistical purpose

ITA 447/DEL/2019[2015-16]Status: DisposedITAT Delhi11 May 2022AY 2015-16

Bench: Sh. A.D. Jaindr. B. R. R. Kumar

For Appellant: Sh. Aditya Vohra, AdvFor Respondent: Sh. R. J. Pradip Kumar, Sr. DR

Section 35Section 37

…it has been held that once TDS is deducted, credit of the same should be given to the assessee, irrespective of year to which it relates:  ACIT vs. Peddu Srinivasa Rao (ITA No. 324/Vizag/2Q09 dated March 03, 2011)  Supreme Renewable Energy Limited vs. ITO 32 DTR 140 (Chennai)  Escort Ltd. vs. ACIT (15 SOT 368 DEL)  Sadbhav Engineering Ltd. vs. DOT 45 taxmann.com 333 (Ahmadabad- Trib.)  Zelan Projects Pvt. Ltd. vs. DOT ITA No. 1361/Hyd./2013 (Hyderabad - Trib)  Chander Shekhar Aggarwal vs. ACIT, Circle 37(1), New Delhi (Delhi- ITAT) 13. The ld. CIT(A) confirmed the addition based on the order of the ld. C…

Hcl Comnet Systems & Services Ltd., New Delhi vs. DCIT, Circle- 11(1), New Delhi

In the result, the appeal of the assessee on this ground is allowed for statistical purpose

ITA 8168/DEL/2018[2015-16]Status: DisposedITAT Delhi11 May 2022AY 2015-16

Bench: Sh. A.D. Jaindr. B. R. R. Kumar

For Appellant: Sh. Aditya Vohra, AdvFor Respondent: Sh. R. J. Pradip Kumar, Sr. DR

Section 35Section 37

Transtonmelstroy Afcons Joint Venture, Mumbai vs. DCIT 25 (1), Mumbai

In the result, the assessee appeal is stands allowed for statistical purpose

ITA 6283/MUM/2019[2011-12]Status: DisposedITAT Mumbai01 Jul 2021AY 2011-12

…in his return of income, the credit for taxes deducted should be allowed to the assessee. • Arvind Munjari Brands (P.) Ltd. v. ITO (2012) 21 taxmann.com 131 (Mum.); • Escorts Ltd. v. DCIT (2007) 15 SOT 368 (Del.); • Supreme Renewable Energy Ltd. v. ITO (2010) 124 ITD 394 (Che.); • Toyo Engg.India Ltd. v. Jt.CIT(2006) SOT616 (Mum.) 5. However, AO rejected the submissions and held as under:- 8. I have carefully considered the above submission of the assessee. The above judicial decisions are also considered by my predecessor in the assessment year 2010- 11. After considering the facts of the case and going throug…

M/S Abb Ab, Bangalore vs. Deputy Commissioner of Income Tax (International Taxation) Circle-1(1), Bangalore

In the result, the assessee appeals for A

ITA 464/BANG/2018[2012-13]Status: DisposedITAT Bangalore31 Aug 2020AY 2012-13

Bench: Shri G. Manjunatha & Shri Pavan Kumar Gadaleit(I.T)A Nos.464/Bang/2018 & 2878/Bang/2019 (Assessment Years : 2012-13 & 2013-14) M/S. Abb Ab C/O Abb India Limited, 21St Floor, World Trade Centre, Dr. Rajkumar Road, Malleshwaram (West), Bangalore-560 055 ….Appellant Pan Aafca9560R Vs. Dy. Commissioner Of Income Tax, (International Taxation) Circle 1(1), Bangalore. ……Respondent. Assessee By: Shri Percy Pardiwala, Advocate. Revenue By: Shri S. Sundar Rajan, Addl. Cit (D.R) & Shri K.V. Arvind, Standing Counsel For Department.

For Appellant: Shri Percy Pardiwala, AdvocateFor Respondent: Shri S. Sundar Rajan, Addl. CIT

Section 143(2)Section 143(3)Section 199Section 2Section 250Section 90

…mendments, we have also examined the judgement of this Hyderabad Tribunal in the case of Progressive Constructions Limited Vs. JCIT ITA 482 and 557/Hyd/2001 and the order of the Tribunal of Chennai Bench in the case of Supreme Renewable Energy Limited Vs. ITO 32 DTR 140 and Toyo Engineering Limited 5 SOT 616 in which the Tribunal has taken a consistent view that the credit of TDS should be given in the year of receipt. The facts of the case of M/s. Progressive Constructions Ltd. (supra) and Toyo Engineering India Limited (supra) are almost similar to that of the present case. In the case of Supreme Renewable Ener…

Imago Screens India P.Ltd, Mumbai vs. ITO 5(2)(1), Mumbai

In the result, the appeal is allowed

ITA 1512/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 May 2018AY 2011-12

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2011-12 Imago Screens India Pvt. Income Tax Officer- Ltd. (Now Lumaran Vs. 5(2)(1), Mumbai Room Technologies Pvt. Ltd.) No. 525, 5Th Floor, C/0 Kalyaniwalla & Mistry Aayakar Bhavan, M.K. Llp, Esplanade House, 29, Road, Mumbai-400020. Hazarimal Somani Marg, Fort, Mumbai-400001. Pan No. Aacci0068B Appellant Respondent Assessee By : Mr. Zareer N. Mehta, Ar Revenue By : Mr. Saurabhkumar Rai, Dr Date Of Hearing : 16/05/2018 Date Of Pronouncement : 31/05/2018

For Appellant: Mr. Zareer N. Mehta, ARFor Respondent: Mr. Saurabhkumar Rai, DR

Section 143(3)

…sibly no one will receive credit for the tax already paid into Treasury. 5.1 The Ld. counsel relies on the decision in Escorts Ltd. v. DCIT (2007) 15 SOT 368 (Delhi), CIT v. Relcom (2015) 62 taxmann.com 190 (Delhi), Supreme Renewable Energy Ltd. v. ITO (2010) 3 ITR (Trib) 339 (Chennai) and CIT v. Bhooratnam & Co. (2013) 357 ITR 396 (AP). 6. On the other hand, the Ld. DR supports the order passed by the Ld. CIT(A) stating that ENSO has not made any claim of TDS of Rs.13,54,895/- deducted by KSRDCL on the bill’s raised by it. As ENSO could not fulfil its commitment, a part of the contract was performed by the appel…

DCIT, Circle-48, Kolkata vs. M/S. 3 Guys, Howrah

In the result, Revenue’s appeal stands dismissed

ITA 1670/KOL/2014[2008-2009]Status: DisposedITAT Kolkata15 Sept 2017AY 2008-2009

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2008-09

Section 143(3)

…ral Government Account and has been adjusted against the appellant's receivables amount, this credit must be allowed to the Appellant, it is claimed. Following the decision of Hon'ble ITAT Chennai Bench 'C' in the cases of Supreme Renewable Energy Ltd.[(2010) 124 ITD 394 (Chennai)] the A.O. is directed to allow the credit of the .TDS corresponding to this amount, i.e.Rs.3,42,681. Likewise, the Appellant further claims that Rs.52,56,631/- out of the amounts shown as credit/payment in TDS certificate dated 10.06.2008 relates to PO's/sites where works were never executed and Nokia might have carried out the said wor…

Bikramjit Ahluwalia, New Delhi vs. JCIT, New Delhi

In the result, the appeal of the assessee stands allowed

ITA 5842/DEL/2013[2009-10]Status: DisposedITAT Delhi11 May 2017AY 2009-10

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaassessment Year: 2009-10 Bikramjit Ahluwalia, Vs Jcit, C/O A.L. Sehgal & Co., Ca, Range-38, 1102, Prakash Deep, 7, New Delhi. Tolstoy Marg, New Delhi-110001 (Pan: Aaepa8644E) Appellant By Shri Vishal Sehgal, Ca Respondent By Shri S.K. Jain Dr

Section 199

…The certificate was issued in the year in which this mobilization amount was paid to the assessees. The Ld. Counsel for the assessee further contended that all these aspects were examined by the Tribunal in the case of Supreme Renewable Energy Limited Vs. ITO 32 DTR 140. 5 Assessment Year 2009-10 8. ….As per amended provisions of section 199, in sub- section 1, it has been stated that any deductions made in accordance with the foregoing provisions of this chapter and paid to the Central Government shall be treated as a payment of tax on behalf of the person from whose income the deduction was made. Therefore, as…

Imperial Procurement Services Ltd, Mumbai vs. ITO 5(1)(4), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 6674/MUM/2014[2010-11]Status: DisposedITAT Mumbai10 Feb 2017AY 2010-11

Bench: Shri Rajendra & Shri Cn Prasad: (A.Y : 2010-11) M/S Imperial Procurement Services Ltd. Vs. Ito 5(1)(4) (Formerly Essar Procurement Services Aayakar Bhavan Ltd) Mk Road Mumbai – 400 034 New Marine Lines Pan : Aaace0892R Mumbai – 400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent)

For Appellant: Shri Nitesh S JoshiFor Respondent: Shri KV Vispute

Section 133(6)Section 143(1)Section 143(3)Section 14ASection 194J

…ch tax was deducted at source is not chargeable to tax, the credit for the tax deducted at source should be allowed even if the amount is not offered to tax. He also relied on the decision of Chennai Bench in the case of Supreme Renewable Energy Ltd. Vs. ITO [124 ITD 394] in support of his contentions. 7. The Ld. DR vehemently supported the orders of the authorities below. Referring to the provisions of section 199 of the Act, the Ld. DR submits that unless the income is offered, credit for TDS cannot be granted and since the assessee has not offered any income, he submits that the assessing officer has rightly…