TDS v. Jet Air Ways (India) Ltd.

DCIT RG 10(1)(1), Mumbai vs. Home Solutions Retail India Ltd, Mumbai

In the result, both the appeals of the Revenue as well as the cross-objections filed by the assessee are dismissed

Bench: Shri G.S. Pannu & Shri Ram Lal Negi

…. 194H of the Act. In coming to such a conclusion, the CIT(A) relied upon the following decisions of the Tribunal :- 5 M/s. Home Solutions Retail India Ltd. ITA Nos. 3517 & 3518/Mum/2015 & CO Nos. 89 & 90/Mum/2017 i) ITO vs. Jet Airways (India) Ltd. (2014) 147 ITD 133 (Mumbai); ii) Gems Paradise, ITA No. 746/JP/2011 dated 2.2.2012 of Jaipur Bench of Tribunal; iii) Bhandari Jewellers, ITA No. 745/JP/2011 dated 2.2.2012 of Jaipur Bench of Tribunal; and, iv) Dy. CIT vs. Vah Magna Retail (P.) Ltd., ITA No. 905/Hyd/2011 dated 10.4.2012 (Hyderabad Bench of Tribunal). Apart from the aforesaid decisions of the Tribun…

DCIT RG 10(1)(1), Mumbai vs. Home Solutions Retail India Ltd, Mumbai

In the result, both the appeals of the Revenue as well as the cross-objections filed by the assessee are dismissed

Bench: Shri G.S. Pannu & Shri Ram Lal Negi

…. 194H of the Act. In coming to such a conclusion, the CIT(A) relied upon the following decisions of the Tribunal :- 5 M/s. Home Solutions Retail India Ltd. ITA Nos. 3517 & 3518/Mum/2015 & CO Nos. 89 & 90/Mum/2017 i) ITO vs. Jet Airways (India) Ltd. (2014) 147 ITD 133 (Mumbai); ii) Gems Paradise, ITA No. 746/JP/2011 dated 2.2.2012 of Jaipur Bench of Tribunal; iii) Bhandari Jewellers, ITA No. 745/JP/2011 dated 2.2.2012 of Jaipur Bench of Tribunal; and, iv) Dy. CIT vs. Vah Magna Retail (P.) Ltd., ITA No. 905/Hyd/2011 dated 10.4.2012 (Hyderabad Bench of Tribunal). Apart from the aforesaid decisions of the Tribun…

ITO (TDS) 2(3), Mumbai vs. Maharashtra Tourism Developement Corporation Ltd, Mumbai

The appeal of the Revenue is dismissed

Bench: Shri Joginder Singh & Shri D. Karunakar Raoassessment Year: 2011-12 Income Tax Officer(Tds)- M/S Maharashtra Tourism 2(3), Development Corporation Ltd. बनाम/ R. No.708, 7Th Floor, Express Tower, 9Th Floor, Vs. Smt. K.G. Mittal Ayurvedic Madam Cama Road, Hospital Building, Nariman Point, Charni Road, Mumbai-400021 Mumbai-400002 (राज"व /Revenue) ("नधा"रती /Assessee) Pan. No.Aaacm0712G

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, ‘बी’,मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, ‘B’ MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी डी. क"णाकर राव, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri D. Karunakar Rao, Accountant Member Assessment Year: 2011-12 Income Tax Officer(TDS)- M/s Maharashtra Tourism 2(3), Development Corporation Ltd. बनाम/ R. No.708, 7th Floor, Express Tower, 9th Floor, Vs. Smt. K.G. Mittal Ayurvedic Madam Cama Road, Hospital Building, Nariman Point, Charni Road, Mumbai-400021 Mumbai-400002 (राज"व /Revenue) ("नधा"रती /Assessee) PAN. No.AAACM0712G S…

ITO (TDS) 3(4), Mumbai vs. The Mobile Store Ltd, Mumbai

In the result, both the appeals of the Revenue are dismissed

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…n our view the amount retained by the banks cannot be termed as commission so as to attract the provision of section 194H of the Act. 6. The reliance placed by the learned Counsel for the assessee in the case of ITO – TDS Vs. Jet Air Ways (India) Ltd. [2014] 147 ITD 133 (Mumbai Tribunal) wherein similar issue was decided as under:- We have carefully considered the submissions of the ld. Representatives of the parties and the orders of the authorities below. We have also carefully considered the provisions of section 194H of the Act. We observe that the similar issue has been considered by the Jaipur Bench of the…

ITO (TDS) 3(4), Mumbai vs. The Mobile Store Ltd, Mumbai

In the result, both the appeals of the Revenue are dismissed

Bench: Sri Mahavir Singh, Jm & Sri B. R. Baskaran, Am

…n our view the amount retained by the banks cannot be termed as commission so as to attract the provision of section 194H of the Act. 6. The reliance placed by the learned Counsel for the assessee in the case of ITO – TDS Vs. Jet Air Ways (India) Ltd. [2014] 147 ITD 133 (Mumbai Tribunal) wherein similar issue was decided as under:- We have carefully considered the submissions of the ld. Representatives of the parties and the orders of the authorities below. We have also carefully considered the provisions of section 194H of the Act. We observe that the similar issue has been considered by the Jaipur Bench of the…

DCIT Cir 6(1), Mumbai vs. Jsm Corporation P.Ltd, Mumbai

Bench: Shri G.S. Pannu & Shri Sanjay Garg

…t subsequently also, Mumbai Tribunal has followed the aforementioned decisions in the case of ACIT vs. Jet Airways India Ltd., vide decision dated 23/10/2013 reported as 146 ITD 682(Mum) (Mum) and also in the case of ITO vs. Jet Airways India Ltd. reported in 147 ITD 133. In the aforementioned case it has been held that no TDS is required to be deducted on the fees charged by the bank on credit card transactions. It may further be mentioned that recently, Hon’ble Delhi High Court in the case of CIT vs. JDS Apparels (P) Ltd. vide their decision dated 18/11/2014, 53 taxamann.com 139(Del) have upheld such conclusion…

DCIT8(3), Mumbai vs. Wah Restaurants P.Ltd ( Formerly Known As M/S. Mars Restauratns P.Ltd), Mumbai

In the result, appeal stands allowed for statistical purposes

Bench: Shri Saktijit Dey & Shri Ashwani Taneja

…ly covered in favour of the assessee by a series of decisions of different benches of the Tribunal as under:– i) CIT v/s JDS Apparels, [2015] 53 Taxmann.com 139 (Del.) ii) ACIT V/s Jet Airways India Ltd., 146 ITD 682; and iii) ITO v/s Jet Airways India Ltd., 147 ITD 133. In view of the aforesaid, we do not find any infirmity in the order of the learned Commissioner (Appeals) which is accordingly upheld. Ground no.2, is dismissed. M/s. Wah Restaurants Pvt. Ltd. 11 12. In the result, Revenue’s appeal in ITA no.1664/Mum./2013, stands dismissed. ITA no.2012/Mum./2013 13. The solitary issue raised by the assessee…