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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

The Chief Manager (Administration) State Bank of India, Jhansi vs. Additional CIT (TDS), Kanpur

The appeal stands allowed

ITA 288/AGR/2024[2016-17]Status: DisposedITAT Agra28 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.288/Agr/2024 (िनधा"रणवष" / Assessment Year: 2016-17) The Chief Manager (Admin) Addl. Cit (Tds) बनाम/ State Bank Of India (Rbo) Kanpur 327/44, Gwalior Road, Civil Lines Vs. Jhansi – 284 001 "थायीलेखासं./जीआइआरसं./Tan No. Agrs-14799-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 11-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025

For Appellant: NoneFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 10(5)Section 201Section 201(1)Section 271C

pleaded for dismissal of the appeal. 2. From case record, it emerges that impugned penalty has been levied for short deduction of tax at source on payment of Leave Fare Concession (LFC) journey to overseas destination as claimed by various employees. An order was passed ... short deduction of tax at source raising demand of Rs.12.99 Lacs u/s 201. As per express provisions of Sec.10(5), the exemption could be granted only for journey to any place in India and there was no intention to allow the employees to travel abroad under the garb of benefit

The Chief Manager (Administration)State Bank of India, )N, Jhansi vs. Additional CIT (TDS), Kanpur

The appeal stand allowed

ITA 287/AGR/2024[2015-16]Status: DisposedITAT Agra28 Mar 2025AY 2015-16

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No. 287/Agr/2024 (िनधा"रणवष" / Assessment Year: 2015-16) & 2. आयकरअपीलसं./ Ita No. 289/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) The Chief Manager (Administration) Addl. Cit (Tds) State Bank Of India Kanpur बनाम/ Regional Business Office (Rbo), Vs. 372/44, Gwalior Road Civil Lines, Jhansi "थायीलेखासं./जीआइआरसं./Pan/Gir/Tan No.Agrs-14799-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Deepak Maheshwari, Adv.-Ld. Ar ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 11-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Assessee For Assessment Years (Ay) 2015-16 & 2017-18 Arises Out Of Separate Orders Of First Appellate Authority. The Grievance Of The Assessee Is Identical I.E., Confirmation Of Levy Of Penalty U/S 271C. First, We Take Up Appeal For Ay 2015-16 Which Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 10-06-2024 Confirming Levy Of Penalty U/S 271C.

For Appellant: Shri Deepak Maheshwari, Adv.-Ld. ARFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 10(5)Section 201(1)Section 271C

confirming levy of penalty u/s 271C. 2. From the case records, it emerges that impugned penalty has been levied for short deduction of tax at source on payment of Leave Fare Concession (LFC) journey to overseas destination as claimed by various employees. An order was passed ... short deduction of tax at source raising certain demand against the assessee. It was held that as per express provisions of Sec. 10(5), the exemption could be granted only for journey to any place in India and there was no intention to allow the employees to travel abroad under