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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

R Kamalakannan, Chennai vs. ITO, Non Corp. Ward 4(6), Chennai

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

ITA 1354/CHNY/2023[2018-19]Status: DisposedITAT Chennai29 Jan 2024AY 2018-19

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.1354/Chny/2023 िनधा"रण वष" /Assessment Year: 2018-19 V. Shri R. Kamalakannan, The Income Tax Officer, No.85, Avvaiyar Cross Street, Non-Corporate Ward-4(6), Metha Nagar, Chennai. Madavaram Milk Colony, Chennai-600 051. [Pan: Afmpk 7211 A] (अपीलाथ$/Appellant) (%&थ$/Respondent) अपीलाथ$ की ओर से/ Appellant By : Ms. S. Vidya, Ca %&थ$ की ओर से /Respondent By : Shri Ar.V.Sreenivasan, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 29.01.2024 घोषणा की तारीख /Date Of : 29.01.2024 Pronouncement

For Appellant: Ms. S. Vidya, CAFor Respondent: Shri AR.V.Sreenivasan, Addl.CIT
Section 144Section 147Section 192ASection 234B

considering the deductions under Chapter VIA as per Form 16. 10. The Learned AO erred in not giving credit of the tax deducted at source by the employer as per Form 16. 11. For that the appellant objects to the levy of interest u/s.234B. PRAYER For these grounds raised ... Rs.37,56,584/- made as income from other salary by considering the net salary, giving credit to the eligible deductions and the tax deducted at source. c) Pass such other orders as the Hon'ble Tribunal may deem fit. 3. The brief facts of the case are that the assessee

Dassault Systemes Simulia Corp, Chennai vs. DCIT International Taxation -1(1), Chennai

The appeal stand allowed in terms of our above order

ITA 365/CHNY/2023[2020-21]Status: DisposedITAT Chennai23 Jan 2024AY 2020-21

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.365/Chny/2023 (िनधा"रणवष" / Assessment Year: 2020-21) M/S. Dassault Systems Simulia Corp Dcit C/O. Deloitte Haskins & Sells Llp, International Taxation-1(1), बनाम/ 7Th Floor, Asv Ramana Towers Chennai. Vs. 52, Venkatnarayana Road, Chennai-600 017. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aadcd-3705-D (अपीलाथ"/Appellant) : (!"थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri S.P. Chidambaram (Advocate)- Ld.Ar !"थ"कीओरसे/Respondent By : Shri Nandakumar (Cit)-Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 17-01-2024 घोषणाकीतारीख /Date Of Pronouncement : 23-01-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.P. Chidambaram (Advocate)- Ld.ARFor Respondent: Shri Nandakumar (CIT)-Ld. DR
Section 143(3)Section 144C(5)Section 155(14)Section 199

Bengaluru (DRP) u/s 144C(5) of the Act dated 27-12-2022. The sole substantive grievance of 2 the assessee is denial of Tax Deducted at Source (TDS) credit by lower authorities. The grounds raised by the assessee read as under: 1.1. The order of the learned Assessing Officer

Strides Shasun Ltd, Navi Mumbai vs. DCIT Cir 15(3)(2), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 7400/MUM/2017[2013-14]Status: DisposedITAT Mumbai15 Jan 2024AY 2013-14

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.7400 /मुं/2017 (िन.व. 2013-14) Strides Pharma Science Limited [Formerly Known As Strides Arcolab Limited/ Strides Shasun Limited] 201, Devavrata, Sector -17, Vashi, Navi Mumbai – 400 703 Pan: Aadcs-8104-P ...... अपीलाथ"/Appellant बनाम Vs. The Deputy Commissioner Of Income Tax Circle – 15(3)(2), Mumbai Room No.451, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Nitesh Joshi, Advocate With Shri Ninand Patade "ितवादी "ारा/Respondent By : Shri Anoop Hiwase & Dr. Samuel Pitta सुनवाई क" ितिथ/ Date Of Hearing : 30/10/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 15/01/2024 /01/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 30/10/2017 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 [In Short ‘The Act’], For The Assessment Year 2013-14. 2 2. The Assessee In Appeal Has Raised Ten Grounds Of Appeal. The Assessee Has Also Raised Additional Grounds Of Appeal Vide Application Dated 26/10/2023. 3. The Ground No.1 Of Appeal Is General In Nature, Hence, Require No Separate Adjudication.

For Appellant: Shri Nitesh Joshi, Advocate with Shri Ninand PatadeFor Respondent: Shri Anoop Hiwase &
Section 143(3)Section 36(1)(va)

assessee, ground No.6 of appeal is dismissed as not pressed. 16. In ground No.7 of appeal, the assessee has assailed short credit of tax deducted at source. We deem it appropriate to restore this issue back to the file of Assessing Officer to verify the records and allow TDS credit