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“credit for TDS”

TDS / TCSSection 199Section 199603 judgments

The decision most relied on for credit for TDS is Dy. CIT v. Rohini Builders (127 Taxmann 523), cited in 162 judgments on BharatTax.

Leading authorities on credit for TDS

Dy. CIT v. Rohini Builders
127 Taxmann 523 · 2003 · High Court
162
citing judgments

An assessee is required to prove the identity, creditworthiness, and genuineness of a cash credit in their books of accounts, such as an unsecured loan, but is generally not required to prove the source of the source for such credits. Additions under Section 68 are deleted if sufficient proof of creditors, repayment, and TDS on interest is provided.

Trib.), and Noida Commercial Co-op. Bank Ltd. v. ITO(TDS)
64 Taxmann.com 158 · 2015 · Reported
66
citing judgments

A multi-state cooperative bank is obligated to deduct tax at source on interest paid or credited on fixed deposits placed by cooperative societies, as per Section 194A(1) read with Section 194A(3) of the Act, unless an exemption applies.

CIT v. JDS Apparels (P.) Ltd.
370 ITR 454 · 2015 · High Court
54
citing judgments

Payments to banks for credit card transaction processing are considered bank charges or fees for services rendered, not commission or brokerage, and therefore are not subject to TDS under Section 194H of the Income Tax Act.

CIT v. Bhooratnam & Co.
357 ITR 396 · 2013 · High Court
48
citing judgments

An assessee is entitled to credit for TDS even if the certificate is issued in the name of a joint venture or related party, provided the income to which the TDS relates is offered by the assessee. This principle emphasizes looking at the substance of the transaction over strict adherence to the name on the TDS certificate.

Escorts Ltd. v. DCIT
15 SOT 368 · 2007 · ITAT
39
citing judgments

An assessee is entitled to credit for Tax Deducted at Source (TDS) even if the income in respect of which TDS was deducted is not disclosed in the return. The Income-tax Department cannot deny TDS credit solely on the grounds that the income was not offered to tax.

Yashpal Sahni v. ACIT
293 ITR 539 · 2007 · High Court
38
citing judgments

Once tax has been deducted at source (TDS), the bar of section 205 applies, preventing the deductee from being asked to pay the tax again, even if the deductor fails to deposit the tax or issue TDS certificates.

Supreme Renewable Energy Ltd. v. ITO
3 ITR (Trib) 339 · 2010 · ITAT
35
citing judgments

Once Tax Deducted at Source (TDS) is deducted and paid to the Central Government, credit for such tax must be given to the assessee, irrespective of the assessment year to which it relates. This principle applies even to amended provisions of Section 199(1) of the Income Tax Act, 1961.

PCIT v. Shree Aradhana Urban Co-operative Credit Society Ltd.
172 Taxmann.com 537 · 2025 · High Court
31
citing judgments

A co-operative society is primarily a co-operative society, and therefore, it is not required to deduct tax at source on interest payments made on time deposits to other co-operative societies, by virtue of Section 194A(3)(v).

Judgments citing credit for TDS

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Hindustan Shipyard Limited, Visakhapatnam

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

ITA 202/VIZ/2022[2009-10]Status: DisposedITAT Visakhapatnam25 Jun 2024AY 2009-10

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos.202, 198, 199, 188, 200/Viz/2022 (धनधाारणिर्ा/ Assessment Year : 2009-10, 2011-12, 2012-13, 2013-14 & 2014-15) Asst. Commissioner Of Income Vs. M/S. Hindustan Shipyard Tax, Circle-3(1), Limited, Visakhapatnam. Visakhapatnam. Pan: Aach 4275 P (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(2)Section 143(3)Section 194ISection 40

applicable to the facts of the case. 2. The Ld. CIT(A) ought to have directed the assessing officer to grant credit for TDS of Rs. 9,08,06,937/- on the basis of tax deduction certificate issued by the diductors. 3. (a) The Ld. CIT(A) is not justified ... issued Form-16A as available in page 18 to 21 of the paper book submitted by the assessee. He therefore pleaded that the credit for TDS may be granted based on the original Form-16A available and produced before the Ld. Revenue Authorities. 38. Per contra, the Ld. DR relied

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Hindustan Shipyard Limited, Visakhapatnam

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

ITA 200/VIZ/2022[2014-15]Status: DisposedITAT Visakhapatnam25 Jun 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos.202, 198, 199, 188, 200/Viz/2022 (धनधाारणिर्ा/ Assessment Year : 2009-10, 2011-12, 2012-13, 2013-14 & 2014-15) Asst. Commissioner Of Income Vs. M/S. Hindustan Shipyard Tax, Circle-3(1), Limited, Visakhapatnam. Visakhapatnam. Pan: Aach 4275 P (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(2)Section 143(3)Section 194ISection 40

applicable to the facts of the case. 2. The Ld. CIT(A) ought to have directed the assessing officer to grant credit for TDS of Rs. 9,08,06,937/- on the basis of tax deduction certificate issued by the diductors. 3. (a) The Ld. CIT(A) is not justified ... issued Form-16A as available in page 18 to 21 of the paper book submitted by the assessee. He therefore pleaded that the credit for TDS may be granted based on the original Form-16A available and produced before the Ld. Revenue Authorities. 38. Per contra, the Ld. DR relied

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Hindustan Shipyard Limited, Visakhapatnam

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

ITA 199/VIZ/2022[2012-13]Status: DisposedITAT Visakhapatnam25 Jun 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos.202, 198, 199, 188, 200/Viz/2022 (धनधाारणिर्ा/ Assessment Year : 2009-10, 2011-12, 2012-13, 2013-14 & 2014-15) Asst. Commissioner Of Income Vs. M/S. Hindustan Shipyard Tax, Circle-3(1), Limited, Visakhapatnam. Visakhapatnam. Pan: Aach 4275 P (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(2)Section 143(3)Section 194ISection 40

applicable to the facts of the case. 2. The Ld. CIT(A) ought to have directed the assessing officer to grant credit for TDS of Rs. 9,08,06,937/- on the basis of tax deduction certificate issued by the diductors. 3. (a) The Ld. CIT(A) is not justified ... issued Form-16A as available in page 18 to 21 of the paper book submitted by the assessee. He therefore pleaded that the credit for TDS may be granted based on the original Form-16A available and produced before the Ld. Revenue Authorities. 38. Per contra, the Ld. DR relied

Assistant Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. Hindustan Shipyard Limited, Visakhapatnam

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

ITA 198/VIZ/2022[2011-12]Status: DisposedITAT Visakhapatnam25 Jun 2024AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. Nos.202, 198, 199, 188, 200/Viz/2022 (धनधाारणिर्ा/ Assessment Year : 2009-10, 2011-12, 2012-13, 2013-14 & 2014-15) Asst. Commissioner Of Income Vs. M/S. Hindustan Shipyard Tax, Circle-3(1), Limited, Visakhapatnam. Visakhapatnam. Pan: Aach 4275 P (अपीलाथी/ Appellant) (प्रत्यथी/ Respondent)

For Appellant: Sri GVN Hari, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(2)Section 143(3)Section 194ISection 40

applicable to the facts of the case. 2. The Ld. CIT(A) ought to have directed the assessing officer to grant credit for TDS of Rs. 9,08,06,937/- on the basis of tax deduction certificate issued by the diductors. 3. (a) The Ld. CIT(A) is not justified ... issued Form-16A as available in page 18 to 21 of the paper book submitted by the assessee. He therefore pleaded that the credit for TDS may be granted based on the original Form-16A available and produced before the Ld. Revenue Authorities. 38. Per contra, the Ld. DR relied

Surya Motors, Abohar vs. DCIT, CC-3, Ludhiana

In the result, the appeal of the Assessee is dismissed

ITA 302/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh24 Jun 2024AY 2018-19

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 302/Chd/2023 "नधा"रण वष" / Assessment Year : 2018-19 Surya Motors, Vs. The Dcit, Near Dav Campus, बनाम Central Circle-3, Hanuman Road, Ludhiana Abohar "थायी लेखा सं./Pan No: Aadfs2727B अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : None ( Written Submissions ) राज"व क" ओर से/ Revenue By : Shri Dharam Vir, Jcit, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 27.05.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 24.06.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.: Appeal In This Case Has Been Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-5, Ludhiana (Herein Referred To As ‘Cit(A)’ ) Dated 10.03.2023. 2. Grounds Of Appeal Are As Under:- 1. That On The Facts & In The Circumstances Of The Case, Ld. Cit (A) Erred In Rejecting The Claim Of Tds Of Rs. 41157/- Relating To National Insurance Co. Ltd.

For Appellant: None ( written submissions )For Respondent: Shri Dharam Vir, JCIT, Sr.DR
Section 115BSection 143(3)

relating to Shri Ram City Union Finance Ltd. 4. That without prejudice to ground No 1 to 3 disallowance of credit of TDS is excessive & unreasonable. 5. That the humble appellant prays for permission to add or amend any grounds of appeal before disposal of the appeal. 3. During proceedings ... income of Rs. 70,29,160/- and dividend income of Rs. 10,40,000/- taxable u/s 115BBDA vide acknowledgement No. 320880041041018, claiming therein credit for TDS at Rs. 3,21,355/- and TCS at Rs.13,764/- besides Advance-Tax paid at Rs. 13,00,000/- and self-assessment

Allied Computers Intl. Asia Ltd, Mumbai vs. ACIT, CC-2(2), Mumbai

In the result appeal is partly allowed

ITA 1198/MUM/2024[2016-17]Status: DisposedITAT Mumbai24 Jun 2024AY 2016-17

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 1198/Mum/2024 (A.Y. 2016-17) M/S. Allied Computers Vs. Acit, Cc-2(2) Intl. Asia Limited 8Th Floor, Pratishtha Bhavan Office No. 8, 5 Th Floor M. K. Road Block A, Aidun Building. Mumbai-400 020. 1St Dhobi Talao Lane Mumbai-400 002. Pan : Aadca4412E (Appellant) (Respondent) Assessee By None Department By Shri R.R. Makwana Date Of Hearing 13.06.2024 Date Of Pronouncement 24.06.2024 O R D E R

Section 115JSection 132Section 142(1)Section 143(2)Section 143(3)

deducted at source. We find that as the TDS certificates are issued in the name of the assessee it should generally be granted credit for TDS claimed. During the course of assessment proceedings, it is submitted that assessee is providing manpower services and cost of sales is back to back

V K A Constructions, Hyderabad vs. DCIT., Circle-9(1), Hyderabad

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

ITA 364/HYD/2024[2019-20]Status: DisposedITAT Hyderabad11 Jun 2024AY 2019-20

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.364/Hyd/2024 (िनधा"रण वष"/Assessment Year: 201 ) Vka Constructions Vs. Dy. C. I. T. Hyderabad Circle 9(1) Pan:Aabfv3644E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Kaushal Karan, Assessee राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 11/06/2024 घोषणा की तारीख/Pronouncement: 11/06/2024 आदेश/Order

For Appellant: Shri Kaushal Karan, AssesseeFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(1)Section 199

Page 1 of 5 ITA No 364 of 2024 VKA Constructions declaring income of Rs.3,79,11,481/- and claimed credit for TDS of Rs.1,00,76,431/- and TCS credit of Rs.1,04,370/- respectively. The return of income has been processed and intimation ... appellate order dated 12.02.2024 dismissed the appeal filed by the assessee and upheld the action of the Assessing Officer in not giving credit for TDS in absence of necessary TDS certificate and credit in Form 16. 4. The assessee submitted that the learned CIT (A) erred in not appreciating

Piramal Finance Pvt. Ltd., Mumbai vs. The ACIT, Circle-2(1)(2), Vadodara

In the result, appeal preferred by the assessee is partly allowed

ITA 1273/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad07 Jun 2024AY 2014-15

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

For Respondent: Shri Prathvi Raj Meena, CIT. DR
Section 143(3)Section 251Section 35ASection 80G

earlier year. 3. The Appellant prays that the disallowance of 50% of the guarantee commission paid be deleted GROUND VI GRANT OF SHORT CREDIT OF TDS TO THE EXTENT OF RS.1,57,78.615-: 1 On the facts and circumstances of the case and in law, the AO erred in granting ... short credit to the of Rs. 1,57,78,615/- 2 The Appellant prays that the AO be directed to grant full credit of TDS as claimed by the Appellant and as also reflected in Form 26AS. GROUND VII: LEVY OF INTEREST U/S 234A

Joint Commissioner of Income Tax (OSD), Nungambakkam Chennai vs. Aircel Cellular Ltd, Anna Salai, Chennai

In the result, appeals filed by the Revenue are allowed for statistical purposes

ITA 16/CHNY/2024[2017-18]Status: DisposedITAT Chennai05 Jun 2024AY 2017-18

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.15 & 16/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 V. The Joint Commissioner Of Income M/S.Aircel Cellular Ltd., No.769, 5Th Floor, Tax (Osd), Chennai. Spencer Plaza, Anna Salai, Chennai. [Pan: Aaacr 5136 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: NoneFor Respondent: Shri P. Sajit Kumar, JCIT
Section 14Section 14(1)(a)Section 143(2)Section 143(3)Section 147

ground per se but has directed the AO to verify if the relevant income is offered for taxation and then give due credit for TDS. 5. For these and other grounds that may be adduced at the time of hearing, it is prayed that the order of the learned ... ground per se but has directed the AO to verify if the relevant income is offered for taxation and then give due credit for TDS. 5. For these and other grounds that may be adduced at the time of hearing, it is prayed that the order of the learned

Joint Commissioner of Income Tax (OSD), Nungambakkam Chennai vs. Aircel Cellular Ltd, Anna Salai, Chennai

In the result, appeals filed by the Revenue are allowed for statistical purposes

ITA 15/CHNY/2024[2017-18]Status: DisposedITAT Chennai05 Jun 2024AY 2017-18

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.15 & 16/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 V. The Joint Commissioner Of Income M/S.Aircel Cellular Ltd., No.769, 5Th Floor, Tax (Osd), Chennai. Spencer Plaza, Anna Salai, Chennai. [Pan: Aaacr 5136 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: NoneFor Respondent: Shri P. Sajit Kumar, JCIT
Section 14Section 14(1)(a)Section 143(2)Section 143(3)Section 147

ground per se but has directed the AO to verify if the relevant income is offered for taxation and then give due credit for TDS. 5. For these and other grounds that may be adduced at the time of hearing, it is prayed that the order of the learned ... ground per se but has directed the AO to verify if the relevant income is offered for taxation and then give due credit for TDS. 5. For these and other grounds that may be adduced at the time of hearing, it is prayed that the order of the learned

Hapag-Llyod Aktiengesellschaft, Mumbai vs. DCIT-International Taxation-2(2)(2), Mumbai

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

ITA 4535/MUM/2023[2021-22]Status: DisposedITAT Mumbai04 Jun 2024AY 2021-22

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Niranjan GovindekarFor Respondent: Shri Anil Sant
Section 143(3)Section 144C(13)Section 144C(5)Section 44B

facts and circumstances of the case and in law, the learned Assessing Officer / DRP has erred in not granting credit for TDS to the extent of Rs. 16,87,726. The Appellant submits that considering the facts and circumstances of its case and the law prevailing on the subject ... Appellant submits that the learned Assessing Officer be directed to grant full credit for TDS and to re-compute its tax liability accordingly. 4. Levy of Interest under section 234A & 234B of the Act 4.1 On the facts and circumstances of the case and in law, the learned Assessing Officer

M/S Kantar Gdc India Pvt. Ltd. (Formerly Tns India Pvt Ltd), Hyderabad vs. Dy. Commissioner of Income Tax, Circle-2(2), Hyderabad

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

ITA 2261/HYD/2017[2013-14]Status: HeardITAT Hyderabad03 Jun 2024AY 2013-14

Bench: Shri Mahavir Singh & Shri Manjunatha, G.आ.अपी.सं /Ita No.2261/Hyd/2017 (िनधा"रण वष"/Assessment Year: 2013-14) M/S. Kantar Gdc India (P) Vs. Dy. C. I. T. Ltd (Formerly Tns India (P) Circle 2(2) Ltd, Hyderabad Hyderabad Pan:Aabcn2278F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate Harpreet Singh Ajmani राज" व "ारा/Revenue By:: Shri Shiva Sewak, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 15/05/2024 घोषणा की तारीख/Pronouncement: 03/06/2024 आदेश/Order

For Appellant: Advocate Harpreet Singh AjmaniFor Respondent: : Shri Shiva Sewak, CIT(DR)
Section 143(3)Section 144C(5)Section 271(1)(c)

appreciating the requirement to incur the management fees and trademark license fees disregarding the principles of commercial expediency. TDS Credit 6. Allowing credit of TDS of Rs. 12,24,29,606 instead of Rs. 12,25,25,224 as claimed in the Return of income Penalty: 7. Initiating penalty proceedings ... next issue that came up for our consideration from Ground No.6 of the assessee’s appeal is allowing short credit for TDS. The learned Counsel for the assessee submitted that the assessee has claimed TDS of Rs.12,25,25,224/- whereas the Assessing Officer has allowed TDS credit of Rs.12

Asstt. Commissioner of Income Tax, Central Circle-1(4), Ahmedabad vs. Mahalaxmi Infracontract Private Limited, Ahmedabad

ITA 486/AHD/2023[2018-19]Status: DisposedITAT Ahmedabad31 May 2024AY 2018-19

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

For Appellant: Shri S. N. Divatia & Shri B. K. Patel
Section 143(2)Section 143(3)

allowable business expenditure TDS/TCS are part of sum payable for business expenses. Deposit of TDS/ TCS results into payment to payee who get credit for TDS/ TCS deposited. In case of delay in deposit of TDS/ TCS, interest is payable for such late deposit. This is in relation to business

Asstt. Commissioner of Income Tax, Central Circle - 1(4), Ahmedabad vs. Mahalaxmi Infracontract Pvt. Ltd., Ahmedabad

ITA 485/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad31 May 2024AY 2017-18

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

For Appellant: Shri S. N. Divatia & Shri B. K. Patel
Section 143(2)Section 143(3)

allowable business expenditure TDS/TCS are part of sum payable for business expenses. Deposit of TDS/ TCS results into payment to payee who get credit for TDS/ TCS deposited. In case of delay in deposit of TDS/ TCS, interest is payable for such late deposit. This is in relation to business

Asstt. Commissioner of Income Tax, Ahmedabad vs. Mahalaxmi Infracontract Private Limited, Ahmedabad

ITA 484/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad31 May 2024AY 2015-16

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

For Appellant: Shri S. N. Divatia & Shri B. K. Patel
Section 143(2)Section 143(3)

allowable business expenditure TDS/TCS are part of sum payable for business expenses. Deposit of TDS/ TCS results into payment to payee who get credit for TDS/ TCS deposited. In case of delay in deposit of TDS/ TCS, interest is payable for such late deposit. This is in relation to business

Chenani Nashri Tunnelway Limited, Mumbai vs. DCIT- Circle 14(1)(2), Mumbai

Accordingly, the Assessing Officer is directed to grant credit of tax deducted at source amounting to INR 19,78,98,204/-. Ground No. 1 raised by the Appellant is, thus, allowed

ITA 243/MUM/2024[2020-21]Status: DisposedITAT Mumbai31 May 2024AY 2020-21

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Bhupal RapelliFor Respondent: Shri H.M. Bhatt
Section 143(1)Section 244A

circumstances of the case and in law, the Learned Commissioner of Income Tax Appeals, NFAC (‘CIT-A’) has erred in granting short credit for TDS by Rs. 50,00,000/-. The Learned CIT(A) has erred by not considering the credit of TDS

Deloitte Haskins & Sells Chartered Accounts LLP, Ahmedabad vs. The Dy.CIT., Circle-4(1)(1), Ahmedabad

In the result, the appeal filed by the Assessee is allowed for statistical purpose

ITA 136/AHD/2024[2022-23]Status: DisposedITAT Ahmedabad29 May 2024AY 2022-23

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 141(1)Section 143(1)Section 90

section 143(1) of the Act, assessing the total income as per the Returned income i.e. at Rs. 37,26,75,340/-. However, credit for TDS was granted short by Rs.54,93,250/-. Against the said Intimation, the assessee filed an appeal before the Commissioner of Income-tax (Appeals

R Subbaraju, Rajahmundry vs. Assistant Commissioner of Income Tax, Circle-1, Rajahmundry

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

ITA 126/VIZ/2024[2011-12]Status: DisposedITAT Visakhapatnam28 May 2024AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A.No.126/Viz/2024 (ननधधारण वर्ा / Assessment Year : 2011-12) R.Subba Raju Vs. Asst. Commissioner Of D.No.79-2-1 Income Tax Prashanthi Estates Circle-1 Tilak Road, V.L.Puram Rajahmundry Rajahmundry [Pan : Aagfr9133F] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Dr.Aparna Villuri, DR
Section 143(2)Section 143(3)Section 234B

I.T.A. No.126/Viz/2024, A.Y.2011-12 R.Subba Raju, Rajahmundry 5. The learned Commissioner of Income Tax (Appeals) ought to have considered the mistakes in allowing credit for TDS and computing the interest u/s 234B. 6. Any other grounds may be urged at the time of hearing. 5. The only contention of the assessee ... charging of interest while computing the tax is also not correct and the Ld.CIT(A) ought to have considered the mistakes in allowing credit for TDS and computing the interest u/s 234B. He further submitted that the reason for non compliance to the notices before the Ld.CIT

National Commodity and Derivatives Exchange Limited, Mumbai vs. The Assistant Commissioner of Income Tax, Mumbai

In the result, the appeals of the assessee are dismissed

ITA 344/MUM/2024[2017-18]Status: DisposedITAT Mumbai28 May 2024AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2017-18 National Commodity & The Asst. Cit-15(2)(1), Derivatives Exchange Ltd., Aayakar Bhavan, Maharshi Vs. First Floor, Ackruti Corporate Karve Road, Churchgate, Park, Lbs Marg, Near Ge Mumbai-400020. Garden, Kanjurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent Assessment Year: 2018-19 National Commodity & The Additional Derivatives Exchange Ltd., /Joint/Deputy/Asst. Cit15(2)(1), First Floor, Ackruti Vs. Aayakar Bhavan, Maharshi Karve Corporate Park, Lbs Marg, Road, Churchgate, Near Ge Garden, Mumbai-400020. Kanurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent

For Appellant: Mr. Abdul Kadir JawadwalaFor Respondent: Mr. Ashok Kumar Ambastha, Sr

perused the relevant material on record. We find that as far as the issue of non as far as the issue of non-credit of TDS on penalty income which credit of TDS on penalty income which has been subsequently transferred to NCDEX investor client has been subsequently transferred ... which is a separate assessee. ch is a separate assessee. 13. The ld. CIT 13. The ld. CIT-DR has submitted that credit for TDS can only be given to the DR has submitted that credit for TDS can only be given to the deductee in whose hands the amount

National Commodity and Derivatives Exchange Limited, Mumbai vs. The Additional Joint Deputy Assistant Commissioner of Income Tax, Mumbai

In the result, the appeals of the assessee are dismissed

ITA 342/MUM/2024[2018-19]Status: DisposedITAT Mumbai28 May 2024AY 2018-19

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2017-18 National Commodity & The Asst. Cit-15(2)(1), Derivatives Exchange Ltd., Aayakar Bhavan, Maharshi Vs. First Floor, Ackruti Corporate Karve Road, Churchgate, Park, Lbs Marg, Near Ge Mumbai-400020. Garden, Kanjurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent Assessment Year: 2018-19 National Commodity & The Additional Derivatives Exchange Ltd., /Joint/Deputy/Asst. Cit15(2)(1), First Floor, Ackruti Vs. Aayakar Bhavan, Maharshi Karve Corporate Park, Lbs Marg, Road, Churchgate, Near Ge Garden, Mumbai-400020. Kanurmarg (W), Mumbai-400078. Pan No. Aabcn 7696 K Appellant Respondent

For Appellant: Mr. Abdul Kadir JawadwalaFor Respondent: Mr. Ashok Kumar Ambastha, Sr

perused the relevant material on record. We find that as far as the issue of non as far as the issue of non-credit of TDS on penalty income which credit of TDS on penalty income which has been subsequently transferred to NCDEX investor client has been subsequently transferred ... which is a separate assessee. ch is a separate assessee. 13. The ld. CIT 13. The ld. CIT-DR has submitted that credit for TDS can only be given to the DR has submitted that credit for TDS can only be given to the deductee in whose hands the amount