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“short deduction of TDS”

DisallowancesSection 40(a)(ia)Section 40(a)(ia)177 judgments

The decision most relied on for short deduction of TDS is CIT v. Ansal Landmark Township (P.) Ltd. (61 Taxmann.com 45), cited in 177 judgments on BharatTax.

Leading authorities on short deduction of TDS

CIT v. Ansal Landmark Township (P.) Ltd.
61 Taxmann.com 45 · 2015 · High Court
177
citing judgments

Disallowance under section 40(a)(ia) cannot be made when the assessee has deducted tax at a lesser rate, as opposed to no deduction. The second proviso to section 40(a)(ia) is applicable retrospectively, mitigating disallowance where tax is deposited by the recipient.

CIT v. Nicholas Piramal India Ltd.
292 ITR 636 · 2007 · High Court
153
citing judgments

The deduction of tax at source under section 192 is not to be considered short if the employer makes a bona fide estimate of the taxable salary income of the employee.

CIT v. S.K. Tekriwal
361 ITR 432 · 2014 · High Court
150
citing judgments

Section 40(a)(ia) of the Income Tax Act does not apply to disallow expenses when there is a short deduction of tax at source. This includes situations where TDS is deducted at a lower rate than required or under an incorrect section.

DIT v. Jacabs Civil Incorporated/ Mitsubhishi Corporation
330 ITR 578 · 2011 · High Court
115
citing judgments

Interest under Section 234B is generally not leviable on non-residents whose income is subject to tax deduction at source under Section 195, provided the non-resident assessee did not induce short or non-deduction of TDS by the payer.

Ferro Alloys Corporation Ltd. v. CIT
196 ITR 406 · 1992 · High Court
37
citing judgments

Interest levied for delayed payment or short deduction of TDS is not an allowable business expenditure.

State Bank of India v. Assistant Commissioner of Income-tax
144 Taxmann.com 131 · 2022 · Supreme Court
35
citing judgments

An assessee is required to deduct tax at source on reimbursements, even if the assessee acted under a bona fide belief that such reimbursements were exempt.

DCIT v. Chandabhoy & Jassobhoy
49 SOT 448 · 2012 · ITAT
24
citing judgments

Section 40(a)(ia) is not applicable where tax has been deducted at source, even if at a lower rate than required, due to a difference in opinion regarding the nature of the payment.

(RE: CIT v. SK Tekriwal
90 DTR 26 · 2013 · High Court
20
citing judgments

Disallowance under Section 40(a)(ia) of the Income Tax Act for short deduction of TDS is not permissible if tax has been deducted, even if under a bona fide wrong impression of the correct TDS provision.

Judgments citing short deduction of TDS

Siemens Financial Services Private Limited, Mumbai vs. National Faceless Assessment Centre, Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 849/MUM/2022[2018-19]Status: DisposedITAT Mumbai13 Oct 2022AY 2018-19

Bench: Shri Prashant Maharishi, Accountat Member & Shri Pavan Kumar Gadalesiemens Financial Vs. National Faceless Services Pvt Ltd Assessment Plot No. 2, Sector No.2, Centre(Nfac) Kharghar Node, Navi Delhi. Mumbai – 410210. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aapcs0403H Appellant .. Respondent Appellant By : Shri. Jeet Kamdar.Ar Respondent By : Shri. Suresh Periasamy.Dr Date Of Hearing 11.10.2022 Date Of Pronouncement 14.10.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: This Appeal Is Filed The By The Assessee Against The Order Of The Cit(A)- National Faceless Appeal Centre (Nfac), Delhi Passed U/S 201And 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Jeet Kamdar.ARFor Respondent: Shri. Suresh Periasamy.DR
Section 201Section 201(1)Section 201a

considered as a term of 30 days period and not the calendar month. Appellant held to be an assessee-in-default for short deduction of TDS on payment made to Siemens Technology and Services Private Limited, Transunion Cibil Limited and other parties during FY 2017-18 amounting ... legally erred in upholding the action of the Learned TDS officer who has held the Appellant to be an assessee-in-default for short deduction of TDS on payment made to Siemens Technology and Services Private Limited, Transunion Cibil Limited and other parties during FY 2017-18 amounting

Asst. CIT-1(3)(1), Mumbai vs. M/S. Tilaknagar Industries Ltd., Mumbai

ITA 1355/MUM/2021[2009-10]Status: DisposedITAT Mumbai29 Sept 2022AY 2009-10

Bench: Shri Baskaran B.R & Shri Vikas Awasthyआअसं. 1355/मुं/2021 ("न.व. 2009-10) Acit-1(3)(1), Room No.540, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ" /Appellant बनाम Vs. M/S. Tilaknagar Industries Limited. 3Rd Floor, Indl.Assurance Bldg. Jd Tata Marg, Churchgate, Mumbai 400 020 Pan:Aaact-6047-R ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajesh Damor ""तवाद" "वारा/Respondent By : Dr. K.Shivram, Sr. Advocate With Ms. Neelam Jadhav सुनवाई क" "त"थ/ Date Of Hearing : 04/07/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 29/09/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-47, Mumbai [In Short ‘The Cit(A)] Dated 04/01/2021 For The Assessment Year 2009-10. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Manufacturing & Selling Of Indian Made Foreign Liquor. The 2 Assessee Filed Its Return Of Income For A.Y 2009-10 Declaring Total Income Of Rs.29,19,12,503/- On 30/09/2009. The Assessment Order U/S. 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’) Was Passed On 07/12/2011. Thereafter, The Assessing Officer Issued Notice U/S. 154 Of The Act Dated 18/03/2013 To Rectify The Alleged Mistake In Assessment Order On Two Counts:

For Appellant: Shri Rajesh DamorFor Respondent: Dr. K.Shivram, Sr. Advocate with Ms. Neelam Jadhav
Section 143(3)Section 148Section 154Section 154(7)Section 40

assessment order on two counts: (i) Excess depreciation has been allowed to the assessee in respect of Multiple Effect Evaporator Plant(MEEP) (ii)Short deduction of TDS on payment of rent, hence, payment of rent is to be disallowed under section. 40 (a)(ia) of the Act. The assessee furnished ... mistake apparent from record which the Assessing Officer rectified in proceedings under section 154 of the Act. Similarly, in respect of short deduction of TDS on payment of rent the Assessing Officer found that disallowance under section 40(a)(ia) was required to be made. During assessment proceedings the claim