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“Section 199(3)”

Section References (mined)Section 199Section 199(3)40 judgments

The decision most relied on for Section 199(3) is CIT v. Bokaro Steel Ltd. (236 ITR 315), cited in 370 judgments on BharatTax.

Leading authorities on Section 199(3)

CIT v. Bokaro Steel Ltd.
236 ITR 315 · 1999 · Supreme Court
370
citing judgments

Interest earned during the pre-commencement period of a project, on advances made to contractors or on unutilized borrowed funds, if inextricably linked to the setting up of the plant, constitutes a capital receipt. Such interest is not taxable as income but can be reduced from the capital work-in-progress.

288), Pr.CIT v. Best Infrastructure (I) Pvt Ltd (
241 Taxmann 199 · 2016 · High Court
147
citing judgments

Statements recorded under Section 132(4) cannot alone constitute incriminating material to justify additions in unabated assessments. Corroboration is generally required for such statements to form the sole basis of additions.

CIT v. Salora International Ltd.
308 ITR 199 · 2009 · High Court
103
citing judgments

Advertisement and brand promotion expenses are revenue in nature; merely improving brand recognition or deriving an enduring benefit does not automatically convert them into capital expenditure.

CIT v. Calcutta Discount Co. Ltd.
39 ITR 706 · 1960 · High Court
103
citing judgments

The law does not oblige a trader to make maximum profit out of his trading transactions. Profits charged to tax must be in accordance with law and not amount to taxing notional income.

HT Media Ltd. v. Pr. Commissioner of Income Tax
85 Taxmann.com 113 · 2017 · High Court
69
citing judgments

The Assessing Officer must record objective satisfaction, based on objective analysis and cogent reasons, before invoking Section 14A and applying Rule 8D for disallowing expenditure related to exempt income. Furthermore, disallowance under Section 14A applies only to investments that have actually yielded exempt income during the relevant assessment year.

CIT v. Glenmark Pharmaceuticals Ltd.
324 ITR 199 · 2010 · High Court
69
citing judgments

A taxpayer is eligible for deduction under Section 80IA for developing and operating infrastructure facilities, with the decision clarifying the distinction between a contractor and a developer for this purpose.

KeshrichandJaisukhlal v. CIT
199 ITR 702 · 1993 · High Court
62
citing judgments

Notional income, such as notional interest on interest-free loans, cannot be brought to tax without a specific statutory provision in the Income Tax Act. Only real income that has accrued or been received by the assessee is subject to income tax.

Aggarwal: 369 ITR 171 (AP) CIT vs. Harjeev Aggarwal 241 Taxman 199 (Del) Chetnaben J. Shah v. ITO
390 ITR 189 · 2017 · High Court
49
citing judgments

Additions to income cannot be made solely based on a statement recorded under Section 132(4) during a search operation. Corroborative material or documentary evidence is essential to support any adverse decision against the assessee.

Judgments citing Section 199(3)

Glen Morgan D Costa, Mumbai vs. ITO Int Tax Ward 2(1)(1), Mumbai

The appeal are dismissed

ITA 6573/MUM/2025[2022-23]Status: DisposedITAT Mumbai30 Jan 2026AY 2022-23

Bench: The Learned Cit(A), The Assessee Submitted That He, Along With His Wife, Owned A Property, Each Having 50% Ownership. The Said Property Was Sold During The Relevant Financial Year For A Total Consideration Of Rs. 1 Crore & The Amount Was Credited By The Purchaser In The Joint Bank Account Of The Assessee With His Wife. The Assessee Submitted That The Tds Amounting To Rs.22,88,000/- Was Deducted By The Purchaser Under Section 194-Ia Of The Act On The Pan Of The Assessee. However, Both The Assessee & His Wife Computed Their Respective Capital Gains Tax At A 50% Share Of The Sale

Section 143(1)Section 154Section 194Section 195

ITA No. 6573/Mum/2025 (A.Υ. 2022-23) 2 2. The solitary grievance of the assessee, in the present appeal, pertains

Powergrid Rampur Sambhal Transmission Limited, Delhi vs. ITO Ward 20(1), Delhi

The appeal stands dismissed

ITA 5236/DEL/2025[2022-23]Status: DisposedITAT Delhi07 Jan 2026AY 2022-23

Bench: Shri S Rifaur Rahman & Shri Vimal Kumar

For Appellant: Department byFor Respondent: Shri Ved Jain, Adv., Shri Pawan Garg
Section 143(1)Section 143(1)(a)Section 154Section 199Section 244ASection 250

such interest to the assessee is claimed as refund in the income tax return filed by the assessee. As per the provisions of section 199(3) of the Act, credit for TDS shall be given in accordance with the rules framed by CBDT in this regard. 5.2 Provisions of Section

Abdul Rahman Asad, Riyadh, Saudi Arabia vs. Deputy Commissioner of Income Tax, Intl. Tax 1(1)(1), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 2433/DEL/2025[2022-23]Status: DisposedITAT Delhi12 Nov 2025AY 2022-23

Bench: Shris.Rifaur Rahman & Shri Yogesh Kumar U.S.Abdul Rahman Asad, Vs. Dcit, House No.47, Behind Jain Mandi, Circle Int. Tax 1(1)(1), Mohalla Barihat, New Delhi. Bahraich – 271 801 (Uttar Pradesh). (Pan : Aofpa6981F) (Appellant) (Respondent) Assessee By : Shri Alok Vasant, Fca Ms. Poonam Ahuja, Advocate Revenue By : Shri Vikram Singh Sharma, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 12.11.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Delhi - 42 [“Ld. Cit(A)”, For Short] Dated 03.03.2025 For The Assessment Year 2022-23. 2. Brief Facts Of The Case Are, The Assessee Is A Non-Resident & Filed The Original Return Of Income For Ay 2022-23 On 27.07.2022 Declaring Taxable Income Of Rs.4,86,560/- (Income From House Property Rs.4,64,444/-, Income From Other Sources Rs.32,115/- & Loss From Long

For Appellant: Shri Alok Vasant, FCAFor Respondent: Shri Vikram Singh Sharma, Sr. DR
Section 199

grossly erred in suggesting that the transaction ought to have been reflected in the ITR for AY 2023-24. Section 199(3) of the Act read with Rule 37BA(3)(i) mandates that credit of TDS shall be given for the assessment year for which such income is assessable. Consequently

Eastern Shipping Private Limited, Mumbai vs. Deputy Director of Income Tax, CPC, Bengaluru

Accordingly grounds raised by the assessee stands allowed

ITA 2787/MUM/2025[2023-2024]Status: DisposedITAT Mumbai17 Sept 2025AY 2023-2024

Bench: Hon’Ble Shri Sandeep Gosaineastern Shipping Pvt Ltd Vs. Ito – 6(2)(1) Godrej Coliseum, Office No. Aayakar Bhavan 801, 8Th Floor, C Wing, Of Mumbai Somaiya Hospital Road, Sion East, Mumbai – 400022. Pan/Gir No. Aahce1084E (Applicant) (Respondent)

Section 139Section 143Section 143(1)Section 143(1)(a)Section 250

payment made to the assessee, it is entitled to get credit in respect of the same. 8. I have gone through the Section 199(3) of the Act which enables the CBDT to make such rules for the purposes of giving such credit including the rules for grant of such

Milaha Integrated Maritme and Logistics, Mumbai vs. DCIT (It) Circle 3(2)(2), Mumbai

ITA 6701/MUM/2024[2018-19]Status: DisposedITAT Mumbai16 Jun 2025AY 2018-19

Bench: Shri Amit Shukla & Shri Girish Agrawal

Section 143(1)Section 199Section 250

allowed on the payment of tax who has offered the income. Rule 37BA which has been framed by the CBDT in terms of section 199(3) provides credit for tax deducted at source for the purpose of Section 199, which reads as under:- 6 ITA No.6701/MUM/2024 Milaha Integrated Maritime

Dy. Commissioner of Income Tax(Exemptions), Circle-1, Bengaluru vs. Infosys Employee Benefits Trust, Bengaluru

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

ITA 2214/BANG/2024[2021-22]Status: DisposedITAT Bangalore11 Feb 2025AY 2021-22

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.Assessment Year : 2021-22

For Appellant: Shri Sudheendra B R, CAFor Respondent: Smt. Neha Sahay, JCIT-DR
Section 10Section 143(1)Section 154Section 199Section 244A

Anup Rajendra Tapadia Vs DCIT (ITAT Pune)Appeal Number : ITA No. 529/Pun/2022 dated 06/01/2023 it is held that the combined reading of Section 199(3) r.w. Rule 37BA(3) makes the position of law clear that, credit for TDS is available in the year in which the income is reported

Suzlon Energy Ltd., Ahmedabad vs. The ACIT(OSD) Circle-8, Ahmedabad

In the result the appeal filed by the Assessee in ITA No

ITA 1621/AHD/2019[2008-09]Status: DisposedITAT Ahmedabad29 Oct 2024AY 2008-09

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

Section 143(3)Section 90

Provisions of rule 37BA Rule 37BA(1) provides rules relating to have credit for the purpose of section 199 as is provided in section 199(3). Rule 37BA(3)(1) provides that credit for TDS and credited to the account of Central Government, shall be given for the assessment year

The DCIT, Circle-4(1)(1), Ahmedabad vs. Suzlon Energy Ltd., Ahmedabad

In the result the appeal filed by the Assessee in ITA No

ITA 1517/AHD/2019[2008-09]Status: DisposedITAT Ahmedabad29 Oct 2024AY 2008-09

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

Section 143(3)Section 90

Provisions of rule 37BA Rule 37BA(1) provides rules relating to have credit for the purpose of section 199 as is provided in section 199(3). Rule 37BA(3)(1) provides that credit for TDS and credited to the account of Central Government, shall be given for the assessment year

Jyothy Industries, Bangalore vs. Deputy Commissioner of Income Tax, Circle-3(2)(1), Bangalore

ITA 1777/BANG/2024[2016-17]Status: DisposedITAT Bangalore24 Oct 2024AY 2016-17

Bench: Shri George George K

For Appellant: Shri. B. S. Balachandran, AdvocateFor Respondent: Shri. Ganesh R Gale, Standing Counsel for Department
Section 143(3)Section 198Section 199Section 250

income on which tax has been deducted at source shall be treated as payment of tax on behalf of deductee. However, section 199(3) of the Act states that credit can be granted to a person other than deductee. The relevant portion of section 199(3) of the Act reads

ACIT, Circle-10, 1 New Delhi, ITO vs. Interglobe Enterprises Pvt. Ltd., Barakhamba Road, New Delhi

In the result, the appeal of the assessee is allowed and the

ITA 1/DEL/2024[2021-22]Status: DisposedITAT Delhi26 Jul 2024AY 2021-22

Bench: SHRI G.S.PANNU (Vice President), MS. MADHUMITA ROY (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 199

assessee that when the issue of availability of TDS credit in the appropriate Assessment Year is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules, it would be clear that credit for tax deducted at source and paid to the Central Government ... assessee that when the issue of availability of TDS credit in the appropriate Assessment Year is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules, it would be clear that credit for tax deducted at source and paid to the Central Government

Interglobe Enterprises Private Limited, New Delhi vs. ACIT Circle 10(1), New Delhi

In the result, the appeal of the assessee is allowed and the

ITA 3915/DEL/2023[2021-22]Status: DisposedITAT Delhi26 Jul 2024AY 2021-22

Bench: SHRI G.S.PANNU (Vice President), MS. MADHUMITA ROY (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 199

assessee that when the issue of availability of TDS credit in the appropriate Assessment Year is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules, it would be clear that credit for tax deducted at source and paid to the Central Government ... assessee that when the issue of availability of TDS credit in the appropriate Assessment Year is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules, it would be clear that credit for tax deducted at source and paid to the Central Government

Interglobe Technology Quotient Private Limited, New Delhi vs. Assistant Commissioner Circle 10(1), New Delhi

ITA 95/DEL/2024[2020-2021]Status: DisposedITAT Delhi28 May 2024AY 2020-2021

Bench: Shri M. Balaganesh & Shri Anubhav Sharma[Assessment Year: 2020-21

Section 139(1)Section 143(3)Section 144BSection 199Section 250Section 251(2)Section 80G

assessee that when the issue of availability of TDS credit in the appropriate assessment year is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules, it would be clear that credit for tax deducted at source and paid to the Central Government ... deductor when the accrued income from such transaction has been reported in the earlier assessment year. 6. A combined reading of Section 199(3) r.w. Rule 37BA(3) makes the position of law clear that credit for TDS is available in the year in which the income is reported

OSD, Coke (Consortium) Pvt. Ltd., Kolkata vs. A.O., Cir. 5(1), Kolkata

In the result, ITA No. 1442/KOL/2023 is allowed for statistical purposes

ITA 1442/KOL/2023[2014-15]Status: HeardITAT Kolkata05 Mar 2024AY 2014-15

Bench: Sri Anikesh Banerjee & Sri Girish Agrawal

Section 143(3)Section 154Section 199Section 199(3)Section 250Section 37B

आयकर अपीलीय अधिकरण कोलकाता 'सी' पीठ, कोलकाता में IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘C’ BENCH, KOLKATA श्री अधिकेश

DCIT, Circle 2(1)(1), Bangalore vs. Cicon Engineers Private Limited, Bangalore

In the result, appeal of the revenue is partly allowed for statistical purposes

ITA 973/BANG/2023[2017]Status: DisposedITAT Bangalore02 Feb 2024

Bench: SHRI GEORGE GEORGE K. (Vice President), SHRI CHANDRA POOJARI (Accountant Member)

For Appellant: Shri A.C. Raju, A.RFor Respondent: Shri Parithivel, D.R
Section 20Section 250

assessee that when the issue of availability of TDS credit in the appropriate assessment year is examined in the light of Section 199(3) r.w. Rule 37BA(3) of the Income Tax Rules, it would be clear that credit for tax deducted at source and paid to the Central Government ... deductor when the accrued income from such transaction has been reported in the earlier assessment year. 5.1 A combined reading of Section 199(3) r.w. Rule 37BA(3) makes the position of law clear that credit for TDS is available in the year in which the income is reported

Million Traders Bhopal P Ltd, Bhopal vs. The ACIT, CPC, Bengaluru

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

ITA 125/IND/2023[2018-19]Status: DisposedITAT Indore12 Oct 2023AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 143(1)Section 234B

आयकर अपील"य अ"धकरण, इंदौर "यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY

Million Traders Bhopal P Ltd, Bhopal vs. The ACIT, CPC, Bengaluru

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

ITA 124/IND/2023[2017-18]Status: DisposedITAT Indore12 Oct 2023AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 143(1)Section 234B

आयकर अपील"य अ"धकरण, इंदौर "यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY

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

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

ITA 6360/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

135/Del/2018 is as under: “23. We have given thoughtful consideration to the orders of the authorities below. We find that section 199(3) of the Act gives power to the Board to make such rules for the purposes of giving credit in respect of tax deducted or tax paid

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

135/Del/2018 is as under: “23. We have given thoughtful consideration to the orders of the authorities below. We find that section 199(3) of the Act gives power to the Board to make such rules for the purposes of giving credit in respect of tax deducted or tax paid

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

135/Del/2018 is as under: “23. We have given thoughtful consideration to the orders of the authorities below. We find that section 199(3) of the Act gives power to the Board to make such rules for the purposes of giving credit in respect of tax deducted or tax paid

M/S Anant Singhania HUF, Mumbai vs. Income Tax Officer, 17(1)(1), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 28/MUM/2023[2018-2019]Status: DisposedITAT Mumbai07 Jun 2023AY 2018-2019

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm M/S. Anant Singhania Huf Income Tax Officer, 17(1)(1) 1St Floor, New Hind House, 3 Mumbai N. M. Marg, Ballard Estate, Vs. Mumbai-400 001

For Appellant: Shri Dharan GandhiFor Respondent: Shri Manoj Kumar Sinha
Section 143(3)Section 194ISection 234BSection 250Section 37BSection 54

cannot take benefit of the mistake crept in, in the sale deed. It is also pertinent to point out that the provision of section 199(3) mandates that credit may be given to person other than those mentioned in sub-section (1) & (2), which allows deviation in giving credit