“tax deducted at source”

Sub Divisional Office Civil Panipat, Panipat vs. ITO TDS, Karnal

Bench: Shri Anil Chaturvedi

were for computation and intimation for payment of fees under section 234E of the Act as they relate for the period of tax deducted at source prior to 01.06.2015 were being set aside. 15. In other words, the Hon’ble High Court of Karnataka explained the position of charging ... raised by the department u/s 200 in terms of failure to comply with Section 200A, which deals with the processing of statement of tax deducted at source u/s 200. First of all, sub section 3 of section 200 provides that the person deducting any sum in accordance with provision

Jas Forwarding Worldwide Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result appeal of the assessee for assessment year 2011 – 12 is allowed for statistical purposes

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

services. With respect to the addition u/s 40 (a) (i) assessee was asked to furnish the details of payment made to nonresidents and tax deducted at source thereon. The company submitted its submission on 05/12/2012. On the basis of the submission of the assessee it was found that with respect ... file of the learned assessing officer to decide about the chargeability of income in the hands of the associated enterprise and consequent tax deduction at source on such payments vis-a- vis applicability of the double taxation avoidance agreements of the respective countries of the residence of recipient of income

Jas Forwarding Worldwide Pvt. Ltd., New Delhi vs. DCIT, New Delhi

In the result appeal of the assessee for assessment year 2011 – 12 is allowed for statistical purposes

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing)

services. With respect to the addition u/s 40 (a) (i) assessee was asked to furnish the details of payment made to nonresidents and tax deducted at source thereon. The company submitted its submission on 05/12/2012. On the basis of the submission of the assessee it was found that with respect ... file of the learned assessing officer to decide about the chargeability of income in the hands of the associated enterprise and consequent tax deduction at source on such payments vis-a- vis applicability of the double taxation avoidance agreements of the respective countries of the residence of recipient of income

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

Bench: Shri Amit Shukla & Shri Prashant Maharishi

erred both on facts and in law, in not appreciating the correct factual and legal position in regard to the issue of tax deducted at source for both parties relating to rent in Appellant’s ground no.6 before him and had issued directions to the Assessing Officer which are confusing

Hari Machines Ltd., New Delhi vs. DCIT, Circle-11(1), New Delhi

In the result ground number 3-4 are allowed with above directions

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing) Hari Machines Ltd, Vs. Dcit, 4, Scindia House, Connaught Circle-11(1), Place, New Delhi New Delhi Pan: Aaach0868C (Appellant) (Respondent)

lower authorities. 6. The second ground of appeal is with respect to confirmation of disallowances of the interest of late deposit of tax deducted at source of Rs. 1,06,660/-. The facts shows that the Assessee has incurred the interest of Rs. 1,06,660/- for late deposit ... also confirmed the above disallowances. 7. On carefully consideration of the issue we find that the Assessee has deposited the tax deducted at source from various payees but has not deposited the same in time provided by the law. As it is deposited late the Assessee was liable

Aarti Aggarwal, Delhi vs. ACIT, Special Range-11, New Delhi

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

Bench: Shri Kul Bharat & Shri O.P. Kant[Through Video Conferencing]

authorities and submitted that no evidence as to the concerned persons, who travelled to Milan were employee of the assessee, i.e., evidence of tax deducted at source on their salary or their ESI/PF registration etc., were filed by either the Assessing Officer or Ld. CIT(A) and therefore ... assessee. (ii) Any letter from the exhibition management authority or exhibitors to the assessee inviting to the exhibition (iii) Evidence in support of tax deducted at source on the salary paid to MsDivya Bajaj and Ms Anju Choudhary in the TDS return filed by the assessee relevant quarters

Homes at Leisure LLP, Gurgaon vs. DCIT - CPC, Bangalore

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

Bench: Shri Kul Bharat & Shri O.P. Kant[Through Video Conferencing]

case are that the assessee filed return of income 31/07/2016, declaring total income of ₹4,28,020/- and claimed credit of Tax Deducted at Source (TDS) of ₹ 1,44,167/-. According to the assessee, the payee i.e. Mahindra Homes Private Limited, has shown above TDS in the statement corresponding

Green Field Estates, Mumbai vs. ACIT, Central Circle-27, New Delhi

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing) M/S. Green Field Estates, Acit, 2Nd Floor, Divya Drishti Building, Vs. Opposite Mithibai College, Central Circle-27, Jvpd Scheme, Ville Parle, (West) Mumbai – 400 056. New Delhi Pan: Aaifg6397A (Appellant) (Respondent)

appreciate the fact that the appellant had produced all the details before the learned AO and almost all payments were subjected to Tax Deducted at source and have been made by account payee cheques. The appellant hereby requests the addition may please be deleted. 6) The appellant hereby reserves

Iris Associates Pvt. Ltd., New Delhi vs. Addl.CIT, Special Range- 4, New Delhi

The appeal of the assessee stands dismissed

Bench: The Assessing

proceeding, it was noticed that the assessee had debited an amount of Rs.1,78,707/- on account of interest on delayed deposits on tax deducted at source (TDS). The assessee was asked to substantiate its claim of allowability of this amount. It was the assessee submission before the Assessing Officer ... Banglore Tribunal) vide order dated 12.09.2018 disallowed the interest paid u/s 201(1A) of the Act for delay in depositing tax deducted at source and decided the issue against the assessee. The Banglore Bench of the Tribunal, following the judgment of the Hon’ble Madras High Court in the case

Sh. Valmik Thapar, New Delhi vs. ACIT, New Delhi

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

Section 142 – (i) if any tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-Section ... Assessee specifying if any tax or interest found is due on the basis of the return filed after adjustment of any tax deducted at source ('TDS'), any advance tax paid or any amount paid otherwise by way of tax or interest. Further, the first proviso to Section

ACIT, New Delhi vs. Sh. Valmik Thapar, New Delhi

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

Section 142 – (i) if any tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-Section ... Assessee specifying if any tax or interest found is due on the basis of the return filed after adjustment of any tax deducted at source ('TDS'), any advance tax paid or any amount paid otherwise by way of tax or interest. Further, the first proviso to Section

Shri Valmik Thapar, New Delhi vs. DCIT, New Delhi

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

Section 142 – (i) if any tax or interest is found due on the basis of such return, after adjustment of any tax deducted at source, any advance tax paid and any amount paid otherwise by way of tax or interest, then, without prejudice to the provisions of sub-Section ... Assessee specifying if any tax or interest found is due on the basis of the return filed after adjustment of any tax deducted at source ('TDS'), any advance tax paid or any amount paid otherwise by way of tax or interest. Further, the first proviso to Section

Concrete Technologies Pvt. Ltd., New Delhi vs. ITO, Ward- 6(3), New Delhi

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

Bench: Shri O.P. Kant & Shri K.N.Chary, Judcial Member [Through Video Conferencing]

carve out an exception to section 145 of the Act. Section 199 of the Act has two objectives - one to declare the tax deducted at source as payment of tax on behalf of the person on whose behalf the deduction was made and to give credit for the amount ... assessable. The second objective mentioned in section 199 is only to answer the question as to the year in which the credit for tax deducted at source shall be given. It links up the credit with assessment year in which such income is assessable. In other words, the assessing officer

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

Bench: Shri Amit Shukla & Shri Prashant Maharishi

erred both on facts and in law, in not appreciating the correct factual and legal position in regard to the issue of tax deducted at source for both parties relating to rent in Appellant’s ground no.6 before him and had issued directions to the Assessing Officer which are confusing

New Modern Bazaar Departmental Store Pvt. Ltd., New Delhi vs. ITO, Ward- 31(1), New Delhi

In the result, appeal of the assessee is dismissed

Bench: Shri Amit Shuklaa N D Shri Prashant Maharishi(Through Video Conferencing)

profit and loss account a sum of Rs. 32,793/- being interest under Section 201(1A) of the Act for late deposit of tax deduction at source. The above information was found from the tax audit report furnished by the assessee. IT was claimed by assessee as allowable expenditure ... Madras High Court in CIT Vs. Chennai Properties & Investment Ltd. (supra) as under :- “21. As far as delay in remittance of tax deducted at source u/s. 201(1A) of the Act is concerned, we find that the Hon'ble Madras High Court has taken a view that interest paid

Awp Assistance (India) Pvt. Ltd., Gurgaon vs. DCIT, Circle- 1(1), Gurgaon

In the result, the appeal of the assessee is allowed

Bench: Shri G.S. Pannu & Shri Kul Bharatassessment Year : 2013-14 Awp Assistance (India) Pvt. Ltd., Dcit, 1St Floor, Dlf Square, M-Block, Vs Circle-1(1), Jacaranda Marg, Dlf City, Gurgaon. Phase-Ii, Gurgaon-122002. Pan-Aafcm1460J Appellant Respondent Appellant By Sh. Salil Kapoor, Adv. & Ms. Saumya Singh, Adv. Respondent By Sh. Ashok Gautam, Sr. Dr Date Of Hearing 31.03.2021 Date Of Pronouncement 08.04.2021

order dated December 3, 2009, held that the expression 'refund of any amount' would include interest under section 244A (on refund of tax deducted at source) to which the assessee was lawfully entitled but had been wrongly withheld by the Department." 10. It was further held that the amount ... tax due on the returned income is to be paid by way of tax deducted at source (section 199), advance tax (section 209) or by way of self-assessment tax (section 140A). In the event of refund, the assessee is entitled to payment of interest on the excess amount

Jasjit Singh, New Delhi vs. ITO, New Delhi

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

wherein he has stated that he received total payment of Rs.17,85,00,000/-. It is also not in dispute that tax deducted at source on account of capital gain on sale of 25% shareholding in a private company to the tune of Rs.2,04,96,655/- by the deductor ... India Ministry of Finance Central Board of Direct Taxes (CBDT) New Delhi, Dated: 11th March, 2016 Office Memorandum Sub: Non-deposit of tax deducted at source by the deductor- Recovery of demand against the deductee assessee. 7 ITA No.4096/Del./2016 ITA No.4097/Del./2016 Vide letter of even number dated

Jasjit Singh, New Delhi vs. ITO, New Delhi

Bench: Shri Anil Chaturvedi & Shri Kuldip Singh(Through Video Conference)

wherein he has stated that he received total payment of Rs.17,85,00,000/-. It is also not in dispute that tax deducted at source on account of capital gain on sale of 25% shareholding in a private company to the tune of Rs.2,04,96,655/- by the deductor ... India Ministry of Finance Central Board of Direct Taxes (CBDT) New Delhi, Dated: 11th March, 2016 Office Memorandum Sub: Non-deposit of tax deducted at source by the deductor- Recovery of demand against the deductee assessee. 7 ITA No.4096/Del./2016 ITA No.4097/Del./2016 Vide letter of even number dated

Kunwar Tuli, New Delhi vs. ITO Ward - 43(4), New Delhi

The appeal of the assessee is allowed for statistical purposes

Bench: Shri Bhavnesh Saini & Shri O.P. Kant[Through Video Conferencing]

requisite evidences, including contract agreement between the parties and the assessee sought to justify the commission expenses only in view of the tax deducted at source by the assessee. 6.1 Before us, the learned counsel for the assesee has submitted that the commission deducted by the digital platform company

DCIT, Circle- 21(1), New Delhi vs. Religare Enterprises Ltd., New Delhi

The appeal of the Revenue is dismissed

Bench: Shri N. K. Billaiya & Ms Suchitra Kamble

Assessment Year 2012-13 on November 29, 2012 declaring a total taxable loss of Rs. 36,381,599/- and credit of tax deducted at source of Rs. 128,710,100/-. The Assessing Officer passed an assessment order dated March 28, 2016 under section 143(3) of the Income Tax