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“liable to tax”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(29A)2,645 judgments

The decision most relied on for liable to tax is DIT v. NGC Network Asia LLC (313 ITR 187), cited in 144 judgments on BharatTax.

Leading authorities on liable to tax

DIT v. NGC Network Asia LLC
313 ITR 187 · 2009 · High Court
144
citing judgments

Where a duty is cast on the payer to deduct and pay tax at source under Section 195, the payee-assessee cannot be levied interest under Section 234B for failure to pay advance tax if the payer defaults on its TDS obligation. This principle may also extend to interest under Section 234C.

CIT v. Nestle India Ltd.
14 Taxmann 99 · 1983 · High Court
125
citing judgments

Club entrance fees, if incurred wholly and exclusively for business purposes, are allowable as revenue expenditure under Section 37(1). Furthermore, an order holding a deductor liable for TDS defaults under Section 201 must be preceded by an inquiry into the deductee's actual tax payment.

CIT v. Karnataka Power Corporation
247 ITR 268 · 2001 · Supreme Court
124
citing judgments

Income earned during the project construction stage, which has a direct nexus or is inextricably linked to the project's setting up, constitutes a capital receipt not liable to tax and reduces the project cost.

CIT v. Rasoi Ltd.
335 ITR 438 · 2011 · High Court
107
citing judgments

Sales tax subsidies and Industrial Promotion Assistance received under the West Bengal Incentive Scheme are capital receipts and therefore not liable to tax. The ruling clarifies the inapplicability of the Sahney Steel judgment to such subsidies.

(supra), Rama Bai v. CIT
181 ITR 408 · 1990 · Supreme Court
84
citing judgments

Interest received on delayed payment or enhanced compensation awarded under compulsory acquisition is a revenue receipt and is liable to income tax.

Bank Vs. ACIT (2005) 142 Taxman 98 (Kerala) (v) CIT(TDS) v. Director, DPS
115 ITD 411 · ITAT
81
citing judgments

The case is an authority regarding the conditions under which an assessee can be held liable, and orders confirmed, under Section 201(1) of the Income-tax Act for failure to deduct tax at source (TDS). It clarifies the circumstances for deeming an assessee to be in default for non-deduction or non-payment of TDS.

CIT v. Chaphalkar Brothers
351 ITR 309 · 2013 · High Court
77
citing judgments

A subsidy or incentive provided by the government for meeting capital expenditure, to achieve a national objective or public interest, is a capital receipt and thus not liable to income tax. The nature of the subsidy is determined by applying the 'purpose test'.

CIT v. Wipro Ltd. (
70 Taxmann.com 129 · Reported
77
citing judgments

Payments are liable for deduction of tax at source when they are in the nature of royalty. The withholding tax liability can be worked out by applying a proportion to the total remittance.

Judgments citing liable to tax

Dae Won Kang Up Co Ltd, Tiruvallur vs. DCIT International Taxation - 1(1), Chennai

The appeal stands partly allowed in terms of our above order

ITA 1446/CHNY/2024[2016-17]Status: DisposedITAT Chennai19 Nov 2024AY 2016-17

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1446/Chny/2024 (िनधा9रणवष9 / Assessment Year: 2016-17) Dae Won Kang Up Co Limited Dcit C/O. Daewon India Autoparts Private Ltd. International Taxation-1(1) बनाम/ Survey No.477 & 489, No.99, Chennai. Vs. Papparambakkam Village, Tiruvalluvar Tk.- 602 025. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcd-7280-P (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ" कीओरसे/ Appellant By : Dr. M.S. Vasan (Advocate) & Dr. Divya Abhishek (Ca) - Ld. Ars " थ"कीओरसे/Respondent By : Shri Ashwin D Gowda (Addl. Cit) - Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 22-10-2024 घोषणा की तारीख /Date Of Pronouncement : 19-11-2024

For Appellant: Dr. M.S. Vasan (Advocate) &For Respondent: Shri Ashwin D Gowda (Addl. CIT) - Ld. Sr. DR
Section 143(3)

same was in respect of services utilized in India. Accordingly, it was held that such fees accrued in India only and liable to tax consequently. 6. At the same time, in paras 20 to 22 of the decision, the Hon’ble Court, considering the term ‘interest’ as defined in Article

Shri Devi Jugai Gramin Bigar Shet, Ratnagiri vs. Income Tax Officer, Ratnagiri

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

ITA 1492/PUN/2024[2017-18]Status: DisposedITAT Pune18 Nov 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1492/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Shri Devi Jugai Gramin V The Income Tax Officer, Bigar Shet, S Ratnagiri. 941, Kusumb, Devrukh, Ratnagiri – 415804. Pan: Aanas0063R Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Prakash L Pathade – Dr Date Of Hearing 13/11/2024 Date Of Pronouncement 18/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 26.12.2023 For A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law The Cit(A), Nfac Erred In Confirming The Addition Made By The Income Tax Officer, Ward 2, Ratnagiri (Hereinafter Referred To As The ‘Ito’) Of Rs. 12,13,000/- Representing The Total Of Cash Deposits During Demonetization Period Not Accepting The Claim Of The Appellant Society That The Source Of The Cash Deposit Being Out Of Identified Sources Who Are Members Of The Society, No Addition Is Called For In Respect Of Such Cash Deposits.

Section 250Section 80P(2)(a)

taken as per the audited accounts. b. Its entire income is eligible for deduction u/s 80P(2)(a)(i) and hence no income liable to tax. The appellant prays that the ITO be directed appropriately in the matter. The appellant craves leave to add to, amend, alter, delete or modify

Income Tax Officer, Ward-3(1)(1), Ahmedabad, Vejalpur vs. Nana Layja Power Company Limited, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 1457/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2014-15

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1457/Ahd/2024 िनधा"रण वष" /Assessment Year : 2014-15 The Income Tax Officer Nanalayja Power Company Ltd. बनाम/ Ward-3(1)(1) 301-303, Kaivanna Complex V/S. Ahmedabad Panchwati, Ahmedabad - 380 006 (Gujarat) "थायी लेखा सं./Pan: Aadcn 45111 F अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : -None- Revenue By : Shri Surendra Kumar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 11/11/2024 घोषणा की तारीख /Date Of Pronouncement: 12/11/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Arises From The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) [Hereinafter Referred To As “Cit(A)”], Dated 11/06/2024, For The Assessment Year (Ay) 2014-15, Wherein The Cit(A) Deleted The Addition Of Rs.1,17,75,568/- Made By The Assessing Officer [Hereinafter Referred To As “Ao”] U/S.56 Of The Act In The Assessment Order Passed Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 27/11/2019. Ito Vs. Nana Layja Power Company Ltd. Asst. Year : 2014-15

For Appellant: -None-For Respondent: Shri Surendra Kumar, Sr.DR
Section 143(3)Section 147Section 56

earned on temporarily parked project funds, had escaped assessment. During the reassessment proceedings, the AO concluded that this interest income was liable to tax under the head "Income from Other Sources," relying on the principles laid down in the case of Tuticorin Alkali Chemicals & Fertilizers