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“tax deducted at source”

Chapter XVII - Collection & Recovery (TDS)Chapter XVII-BChapter XVII-B / Rule 26B / Rule 37BA(2)2,249 judgments

The decision most relied on for tax deducted at source is GE India Technology Centre Pvt. Ltd. v. CIT (327 ITR 456), cited in 663 judgments on BharatTax.

Leading authorities on tax deducted at source

GE India Technology Centre Pvt. Ltd. v. CIT
327 ITR 456 · 2010 · Supreme Court
663
citing judgments

Tax must be deducted at source from payments made to a non-resident under Section 195 only if such payment is chargeable to tax in India. The Assessing Officer bears the onus to establish that the payments made are indeed chargeable to tax under the Income Tax Act.

Gajanan Constructions v. DCIT
74 Taxmann.com 6 · 2016 · ITAT
465
citing judgments

Late fees under section 234E can only be levied prospectively from June 1, 2015. Levying late fees for periods prior to this date is not permissible.

CIT v. Samsung Electronics Ltd.
345 ITR 494 · 2012 · High Court
461
citing judgments

Payments by Indian residents to non-resident foreign software suppliers for software are considered royalty, constituting income deemed to accrue in India under section 9(1)(v), thereby requiring tax deduction at source under section 195.

CIT v. Ansal Land Mark Township (P) Ltd.
377 ITR 635 · 2015 · High Court
369
citing judgments

The second proviso to Section 40(a)(ia), introduced by the Finance Act, 2012, is curative and applies retrospectively from April 1, 2005. Consequently, if the recipient of a payment has filed their return and paid taxes on the amount from which tax was not deducted at source, the payer's expenditure cannot be disallowed under Section 40(a)(ia).

Transmission Corporation of Andhra Pradesh v. CIT
239 ITR 587 · 1999 · Supreme Court
243
citing judgments

The Supreme Court lays down principles for deducting tax at source (TDS) under Section 195 on payments to non-residents, including aspects of income deemed taxable in India and the application of Double Taxation Avoidance Agreements (DTAAs) under Section 90.

PCIT v. Peroorkada Service Co-op. Bank Ltd.
442 ITR 141 · 2022 · High Court
208
citing judgments

Interest income earned by a co-operative society from deposits with other co-operative banks, such as district or state co-operative banks, is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, as it is considered income from other sources.

DIT v. GE Packaged Power Inc.
373 ITR 65 · 2015 · High Court
199
citing judgments

Interest under section 234B for default in payment of advance tax is not leviable when the entire income is subject to tax deduction at source under section 195, as no advance tax liability arises for the assessee in such circumstances.

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.

Judgments citing tax deducted at source

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

Professional fees of Rs. 90,000/- u/s 194J of the Act. However, the assessee had failed to deposit the tax deducted at source after deduction in Government exchequer.On verification of details, it was observed that the deductee M/s Shapoorji Pallonji and Co Pvt Ltd.(‘SPPL’) had submitted lower deduction certificate ... which resulted in tax deducted at source @4.6% u/s 194A instead of @10%. Accordingly, the assessee had deducted TDS of Rs. 1,48,96,640/- u/s 194A of the Act and had made payment/credited of interest amount to SPPL. Further, on perusal of ITR for A.Y.2021-22 vis-à-vis computation

Nayana Digant Kapadia, Mumbai vs. Income Tax Officer, 20(2)(1), Mumbai, Piramal Chambers

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

ITA 3173/MUM/2025[2017-2018]Status: DisposedITAT Mumbai06 Jan 2026AY 2017-2018

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2017-18 Nayana Digant Kapadia Income Tax Officer, 152, Ramanuj, 20(2)(1), Mumbai Road No.9, Wadala, Vs. Mumbai – 400 031 (Pan : Aabpk8446R) (Appellant) (Respondent) Present For: Assessee : Shri Satish Mody, Ca Revenue : Shri Pravin Salunkhe, Sr. Dr Date Of Hearing : 15.10.2025 Date Of Pronouncement : 06.01.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl /Jcit (A)-3 Delhi Vide Itba/Apl/S/250/2024-25/1074687488(1), Dated 19.03.2025 Passed Against The Intimation Issued By Centralized Processing Center (Cpc), Bengaluru, U/S. 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 30.11.2019 For Assessment Year 2017-18. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Learned Commissioner Of Income Tax (Appeals)-32 Erred In Confirming The Order Made U/S 143(1) Dt 30/11/2019 Wherein The Interest Income Of Rs 26,49,581/- From Dlk Commercial Pvt Ltd Was Added As Income Of The Appellant On Accrual Basis Inspite Of The Fact That The Appellant U/S 145 Of The Income Tax

For Appellant: Shri Satish Mody, CAFor Respondent: Shri Pravin Salunkhe, Sr. DR
Section 143(1)Section 143(1)(a)Section 145

interest income. For this carry forward of TDS credit and corresponding interest income, it was reported in “Schedule-TDS 2: Details of tax deducted at source of income [as per Form 16A issued by deductor(s)]”. Copy of the said return is placed in the paper book. 3.1. While processing

Processia Plm Private Limited, Pune vs. National Faceless Assessment Center, Delhi

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

ITA 2007/PUN/2025[2018-19]Status: DisposedITAT Pune05 Jan 2026AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2007/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Processia Plm Private Vs. Income Tax Department, Limited, National E-Assessment First Floor, Office No.102, Centre, Delhi. Amar Apex Building, Amar Apex Condominium, Baner, Pune-411045. Pan : Aaact6811H Appellant Respondent Assessee By : Ms. Nidhi Agarwal (Virtual) Revenue By : Shri Harshit Bari Date Of Hearing : 17.12.2025 Date Of Pronouncement : 05.01.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.06.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “Ground No. 1: On The Facts & In The Circumstances Of The Case & In Law, The Order Under Section 250 Of The Income-Tax Act,1961 ('The Act') Passed By The Learned Commissioner Of Income Tax (Appeals) ['Ld. Cit(A)'] On 12 June 2025 Is Bad In Law.

For Appellant: Ms. Nidhi Agarwal (Virtual)For Respondent: Shri Harshit Bari
Section 143(2)Section 143(3)Section 144BSection 244ASection 250

order under section 250 of the Act, the Ld CIT(A) erred in upholding the disallowance of credit of taxes deducted at source amounting to INR 15,18,619 made by the National Faceless Assessment Centre, Delhi ('Learned AO') in the assessment order dated 17 April 2021 passed under section ... have erred in computing and confirming the interest receivable by the Appellant under section 244A of the Act without considering the credit of taxes deducted at source amounting to INR 15,18,619. Ground No 4: The Appellant craves leave to add to and/or to alter, amend, rescind, modify