“lower deduction certificate”

TDS / TCSSection 197Section 19730 judgments

Judgments citing lower deduction certificate

M/S. Isagro (Asia) Agrochemicals Pvt. Ltd. Successor M/S. P I Industries Ltd., Mumbai vs. DCIT, Circle 6(1), Mumbai

In the result, the appeal of the assessee for A

ITA 3585/MUM/2023[2010-11]Status: DisposedITAT Mumbai27 Feb 2024AY 2010-11

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI PRASHANT MAHARISHI (Accountant Member)

show cause notice to assesse. 5. Ld. CIT (A) erred in holding that in case of payments to Foreign Payee in lieu of Lower Deduction Certificate u/s 197, payment is disallowable even income was not liable to tax in India. 6. The Ld. CIT(A) erred in confirming disallowance

M/S. Isagro (Asia) Agrochemicals Pvt. Ltd. Successor M/S. P I Industries Ltd., Mumbai vs. DCIT Circle 6(1)(2), Mumbai

In the result, the appeal of the assessee for A

ITA 3584/MUM/2023[2011-12]Status: DisposedITAT Mumbai27 Feb 2024AY 2011-12

Section 143(3)

M/S. Isagro (Asia) Agrochemicals Pvt. Ltd. Successor M/. P I Industries Ltd., Mumbai vs. DCIT Circle 6(1)(2), Mumbai

In the result, the appeal of the assessee for A

ITA 3583/MUM/2023[2017-18]Status: DisposedITAT Mumbai27 Feb 2024AY 2017-18

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI PRASHANT MAHARISHI (Accountant Member)

Section 143(3)

Canara Bank, Large Corporate Branch, Mumbai vs. ACIT CPC TDS, Ghaziabad

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

ITA 3627/MUM/2023[2020-21]Status: DisposedITAT Mumbai26 Feb 2024AY 2020-21

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI PRASHANT MAHARISHI (Accountant Member)

Section 144Section 194ASection 197Section 200ASection 201

period 22-05-2019 to 31-03-2020 vide Certificate No. 1AF0519EDL dated 22-05-2019. Based on such lower deduction certificate, on 19-10-2019, the Appellant had deducted TDS at the rate of 3% on the interest paid amounting to Rs. 23,56,54,961/- on the prematurely ... after observing as under:- “Here the fact of the matter is that the depositor M/s. Vodafone Idea Ltd had given a lower deduction certificate dated 22nd may 2019 for deducting tax @3% upto Rs 30 crores interest income On 19th Oct 2019 Vodafone Idea Ltd. pre closed the deposit

Bito-Lagertechnik Bittmann Gmbh, Garmany vs. ACIT Circle 1(1)(2), Intl. Taxation, New Delhi

In the result, the appeal of the assessee is allowed

ITA 2440/DEL/2023[2020-21]Status: DisposedITAT Delhi28 Dec 2023AY 2020-21

Bench: Sh. C. N. Prasaddr. B. R. R. Kumar

For Appellant: Sh. S. K. Aggarwal, CAFor Respondent: Sh. Vizay B. Vasanta, CIT-DR

Section 143(3)Section 197Section 234ASection 234BSection 270ASection 48Section 50CSection 56(2)(x)

applicable provision of the Income-tax Act, 1961. 4. For the subject transaction, the Appellant had also obtained a Lower Deduction Certificate dated 22 August 2019. In the relevant assessment year, the Appellant had obtained two valuation reports for determining the FMV of the equity shares - i) Valuation report

M/S Texanlab Laboratories Private Limited, Mumbai vs. DCIT-15(3)(1), Mumbai

In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for In the result, the appeal filed by the assessee is allowed for statisti...

ITA 1614/MUM/2023[2013-2014]Status: DisposedITAT Mumbai31 Jul 2023AY 2013-2014

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2013-14 M/S Texanlab Laboratories Dcit-15(3)(1), Pvt. Ltd., Room No. 451, Aayakar Vs. W-384, Ttc Industrial Area, Bhavan, New Marine Lines Rabale, Navi Mumbai-400701. Mumbai-400020. Pan No. Aabct 4229 Q Appellant Respondent

For Appellant: Mr. Ravikant PathakFor Respondent: Mr. P.D. Chogule (Addl. CIT)

Section 194JSection 40

deducted on testing charges of Rs.162,459/ deducted on testing charges of Rs.162,459/- as the as the parties have obtained lower deduction Certificate or the parties have obtained lower deduction Certificate or the parties have obtained lower deduction Certificate or the amounts paid to parties are withi amounts paid

Saraf Exports, Sardarshahar vs. ACIT, Jhunjhunu

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

ITA 104/JPR/2021[2011-12]Status: DisposedITAT Jaipur20 Feb 2023AY 2011-12

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: None (Written submission)For Respondent: Ms Monisha Choudhary (Addl.CIT)

Section 143(3)Section 40Section 801BSection 80ISection 80L

such should have allowed in the year in which the amount was paid, evidence thereof was before the CIT(A) and lower deduction certificate was admitted by the AO in the order. 5. Ground That the disallowances made by the Assessing Officer and sustain by CIT(A) u/s 801B ... issued to allow the deduction in the year of deduction of tax. The Income Tax Officer himself accepted that the certificate of LOWER DEDUCTION CERTIFICATE WAS ALLOWED. 9 Saraf Export vs. ACIT THIS FACT WAS ADMITTED BY THE AO. I AM ATTACHING A COPY OF CHALLAN, A COPY

Shri Bhanumurthy Venkata Ranga Satya Tirumalasetty, Mumbai vs. DCIT Centralised Processing Cell -TDS, Mumbai

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

ITA 1498/MUM/2021[2019-20]Status: DisposedITAT Mumbai27 Jul 2022AY 2019-20

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2019-20 Shri Bhanu Murthy Venkata Ranga Dcit Centralized Processing Satya Tirumalasetty, Cell-Tds, Flat No. 1504, Valentine Tower, Vs. Cpc, Aayakar Bhavan, Sector-3, Pimpri Pada, Film City Road, Vaishali, Malad (West), Gaziabad, U.P.-201010. Mumbai-400097. Pan No. Abdpt 7966 J Appellant Respondent

For Appellant: Mr. K. Gopal, Adv./For Respondent: Mrs. Smita Nair, DR

Section 195Section 197Section 200A

bound to estimate the income of the Assessing Officer is bound to estimate the income of the deductee before issue of the lower deduction certificate u/s deductee before issue of the lower deduction certificate u/s deductee before issue of the lower deduction certificate

ACIT, New Delhi vs. M/S. Future First Services Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed and appeal of the assessee is partly allowed

ITA 3476/DEL/2017[2009-10]Status: DisposedITAT Delhi16 Jul 2021AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Ajit Kumar Jain, CA & ShriFor Respondent: Shri Dheeraj Singh, Sr.D.R

Section 143(3)Section 197(1)Section 40A(2)(b)Section 40a

Officer on the ground that no TDS exemption certificate was submitted in respect of rental payments made to Annapurna Builders. Secondly, there was lower deduction certificate submitted in respect of Hind Hosiery Mills Ltd. The Ld. CIT(A) has directed the Assessing Officer to verify whether the copies

Future First Info. Servicees Pvt. Ltd, Gurgaon vs. DCIT, Circle- 9(2), New Delhi

In the result, the appeal of the Revenue is dismissed and appeal of the assessee is partly allowed

ITA 3838/DEL/2017[2009-10]Status: DisposedITAT Delhi10 May 2021AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Ajit Kumar Jain, CA & ShriFor Respondent: Shri Dheeraj Singh, Sr.D.R

Section 143(3)Section 197(1)Section 40A(2)(b)Section 40a