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“short deduction of tax”

TDS / TCSSection 201Section 201359 judgments

The decision most relied on for short deduction of tax is CIT v. Punjab State Cooperative Agricultural Development Bank Ltd. (389 ITR 68), cited in 192 judgments on BharatTax.

Leading authorities on short deduction of tax

CIT v. Punjab State Cooperative Agricultural Development Bank Ltd.
389 ITR 68 · 2016 · High Court
192
citing judgments

Income earned by a cooperative society from investing its surplus funds in short-term deposits and securities is not attributable to its core activities and therefore not eligible for deduction under Section 80P(2)(a)(i) of the Income-tax Act.

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.

CIT v. Southern Roadways Ltd.
288 ITR 15 · 2007 · High Court
76
citing judgments

Expenditure on software useful for a short period or requiring regular updates, for which subscription fees are paid, constitutes revenue expenditure, distinguishable from capitalized software purchased on a perpetual license model, based on the test of enduring benefit.

CIT-1, Kochi v. PVS Memorial Hospital Ltd.
60 Taxmann.com 69 · 2015 · High Court
44
citing judgments

Disallowance under Section 40(a)(ia) of the Income Tax Act, 1961, applies even in cases of short deduction of tax at source, including when tax is deducted under an incorrect provision.

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.

Judgments citing short deduction of tax

ITO(TDS)-2(2)(1), Mumbai vs. Sashwat Energy Private Limited, Mumbai

In the result, the CO is allowed for statistical purposes

ITA 4279/MUM/2025[2021-22]Status: DisposedITAT Mumbai13 Jan 2026AY 2021-22

Bench: Shri Sandeep Gosain & Shri Prabhash Shankarincome Tax Officer (Tds) – V/S. Sashwat Energy Private 2(2)(1) बनाम Limited, 3Rd Floor, Mtnl Building, 10Th Floor, Universal Cumballa Hill, Mumbai – Majestic Lokhande Marg, 400 026, Maharashtra Chembur West, Mumbai – 400 043, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Mums95080G Appellant/अपीलार्थी .. Respondent/प्रतिवादी प्रत्याक्षेपसं./C.O. No.273/Mum/2025 (Arising Out Of Ita No. 4279/Mum/2025) (A.Y. 2021-22) Sashwat Energy Private V/S. Income Tax Officer (Tds) – Limited, बनाम 2(2)(1), 3Rd Floor, Mtnl 10Th Floor, Universal Majestic Building, Cumballa Hill, Lokhande Marg, Chembur Mumbai – 400 026, West, Mumbai – 400 043, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Mums95080G Appellant/अपीलाथी .. Respondent/प्रतिवादी

For Appellant: Ms Kinjal Bhuta,ARFor Respondent: Shri Surendra Mohan, (Sr. DR)
Section 133ASection 194ASection 194JSection 200Section 201Section 201(1)Section 40Section 40a

IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER