“tax deducted at source”

Edenred Sa, Mumbai vs. ACIT (It) 2(2)(1), Mumbai

In the result, this appeal by the assessee is allowed

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

erred in computing gross tax as INR 1,07,89,868 as against INR 98,23,868. 5. Short grant of credit for Tax deducted at source (TDS) erred in granting TDS amounting to INR 1,03,26,605 as against INR 1,33,26,605 claimed in the return ... tax Erred in computing gross tax as INR 85,88,382 as against INR 82,17,924; 5. Short grant of credit for Tax deducted at source (‗TDS‘) Erred in granting TDS credit amounting to INR 85,52,734 as against INR 91,65,609 claimed in the return

Edenred Sa, Mumbai vs. DCIT (It) 2(1)(2), Mumbai

In the result, this appeal by the assessee is allowed

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

erred in computing gross tax as INR 1,07,89,868 as against INR 98,23,868. 5. Short grant of credit for Tax deducted at source (TDS) erred in granting TDS amounting to INR 1,03,26,605 as against INR 1,33,26,605 claimed in the return ... tax Erred in computing gross tax as INR 85,88,382 as against INR 82,17,924; 5. Short grant of credit for Tax deducted at source (‗TDS‘) Erred in granting TDS credit amounting to INR 85,52,734 as against INR 91,65,609 claimed in the return

Edenred Sa, Mumbai vs. DCIT (It) 2(1)(2), Mumbai

In the result, this appeal by the assessee is allowed

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

erred in computing gross tax as INR 1,07,89,868 as against INR 98,23,868. 5. Short grant of credit for Tax deducted at source (TDS) erred in granting TDS amounting to INR 1,03,26,605 as against INR 1,33,26,605 claimed in the return ... tax Erred in computing gross tax as INR 85,88,382 as against INR 82,17,924; 5. Short grant of credit for Tax deducted at source (‗TDS‘) Erred in granting TDS credit amounting to INR 85,52,734 as against INR 91,65,609 claimed in the return

Edenred Sa, Mumbai vs. DCIT (It) 2(2)(1), Mumbai

In the result, this appeal by the assessee is allowed

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

erred in computing gross tax as INR 1,07,89,868 as against INR 98,23,868. 5. Short grant of credit for Tax deducted at source (TDS) erred in granting TDS amounting to INR 1,03,26,605 as against INR 1,33,26,605 claimed in the return ... tax Erred in computing gross tax as INR 85,88,382 as against INR 82,17,924; 5. Short grant of credit for Tax deducted at source (‗TDS‘) Erred in granting TDS credit amounting to INR 85,52,734 as against INR 91,65,609 claimed in the return

Shubham Spaces, Thane vs. CIT Appeal, National Faceless Appeal Center

In the result, appeal of assessee is allowed and CPC, TDS is directed to delete the demand raised under section 234E of the Act along with section 220(2) of the Act

Bench: Shri Kuldip Singh & Shri Gagan Goyal

section 200 or the proviso to sub-section (3) of section 206C which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of July, 2012.] Section - 200A, Income-tax ... Processing of statements of tax deducted at source. 200A. (1) Where a statement of tax deduction at source [or a correction statement] has been made by a person deducting any sum (hereafter referred to in this section as deductor) under section 200, such statement shall be processed in the following

Norma Lydia Ayyash, Mumbai vs. Income Tax Officer Ward 24(3)(2), Mumbai

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

Bench: Shri Pavan Kumar Gadalenorma Lydia Ayyash Vs. Ito – 24(3)(2) 15, Goundowli, Andheri Aayakar Bhavan, East, Mumbai – 400069 Mumbai – 400005. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Akipa4487B Appellant .. Respondent Assessee By : Ms.Mansi Ayachit.Ar Revenue By : Ms.Richa Gulati.Dr Date Of Hearing 21.12.2022 Date Of Pronouncement 22.12.2022 आदेश / O R D E R

income of the appellant: 2. The appellant prays to your Honours to allow TDS credit of Rs. 33,233 being the tax deducted at source on Interest Income added to the income of the appellant. Norma Lydia Ayyash, Mumbai. C) Addition of Rs. 3,00,000/- being Life Insurance premium

Sanjay Co-Operative Credit Society Ltd, Thane vs. The Pr. Comm of Income Tax 1, Thane

In the result we allow the ground no

Bench: Shri Kuldip Singh & Shri Gagan Goyalsanjay Co-Operative Credit Society Ltd., Sanjay Society Building, Uttam Naka, Bhayander, Thane-401106. Pan: Aacas3872P ...... Appellant Vs. Pcit-1, Ashar I.T. Park, 6Th Floor, Road No. 16Z, Wagle Indl. Estate, Thane-400604. ..... Respondent Appellant/Assessee By : Dr. Ravindra Nagesh Naik, Ca Respondent/Revenue By : Sh. Kailash Kanojia- Cit-Dr Date Of Hearing : 15/09/2022 Date Of Pronouncement : 13/12/2022 Order Per Gagan Goyal, A.M: This Appeal By Assessee Is Directed Against The Order Of Under Section 263 Of The Income Tax Act, 19061 [For Short ‘The Act’] Vide Order Dated 17.03.2022 For Assessment Year (Ay) 2017-18. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Ld. Pcit-1, Thane Erred In Law & On Facts In Not Appreciating That All The Details/ Information Relating To Interest Income Were Submitted During The Scrutiny

from its business operation which made it ineligible. Co-operative societies and co-operative banks are given different treatment u/s. 194A related to tax deducted at source by legislature. Cooperative societies defined u/s. 2(19) of the Act which provided for relaxation of the definition of co- operative societies only

World Quant Research (India) P Ltd., Mumbai-400076 vs. Commissioner of Income Tax (Appeal) National Faceless Appeal Centres)-, Delhi

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

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

regular assessment, tax on distributed income to unit holders, etc. instead of depositing the taxes vide challan No. 281 which is applicable for taxes deducted at source. The assessee also filed relevant TDS return on 31/03/2021. Once the inadvertent error due to change in law was noticed, the assessee filed ... demand raised vide intimation issued under section 200A/206CB is only due to the wrong challan filed by the assessee while depositing the tax deducted at source under section 195 of the Act in respect of payment of dividend to the non-resident shareholder. From the applications filed by the assessee

Air India Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

interest paid on account of late payment of fringe benefit tax could also not be allowed to the assessee. However, the amount of tax deduction at source [TDS] represents the amount of income tax of the third parties party on whose behalf the payment was deducted by the assessee & paid ... section 28. Instead, it is the tax on the profits and gains of the business of the recipient. In view of this, the tax deducted at source (TDS) is not like the income tax which is required to be paid on profits & gains chargeable to tax under section

Raymond Ltd, Mumbai vs. DCIT (OSD) RG 2(3), Mumbai

Accordingly, the same are dismissed as not pressed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleraymond Limited V. The Addl. Cit– 2(3) New Hind House Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai - 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent C.O. No. 287/Mum/2017 [Arising Out Of Ita No. 2218/Mum/2011 (A.Y. 2007-08)] The Addl. Cit– 2(3) V. Raymond Limited Aayakar Bhavan, M.K. Road New Hind House Mumbai - 400020 Narottam Morarjee Marg Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent M/S. Raymond Limited V. The Dcit – Osd- 2(3) New Hind House, Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai – 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent

granting interest 31 ITA No. 4322/MUM/2012 (A.Y. 2008-09) C.O. NO. 287& 288/MUM/2017 M/s. Raymond Limited under section 244A on excess credit for tax deducted at source claimed during the assessment proceedings from the date on which the TDS Certificates were furnished till the date of refund granted

Raymond Ltd, Mumbai vs. Addl CIT RG 2(3), Mumbai

Accordingly, the same are dismissed as not pressed

Bench: Shri Aby T. Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleraymond Limited V. The Addl. Cit– 2(3) New Hind House Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai - 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent C.O. No. 287/Mum/2017 [Arising Out Of Ita No. 2218/Mum/2011 (A.Y. 2007-08)] The Addl. Cit– 2(3) V. Raymond Limited Aayakar Bhavan, M.K. Road New Hind House Mumbai - 400020 Narottam Morarjee Marg Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent M/S. Raymond Limited V. The Dcit – Osd- 2(3) New Hind House, Aayakar Bhavan, M.K. Road Narottam Morarjee Marg Mumbai – 400020 Ballard Estate, Mumbai - 400001 Pan: Aaacr4896A Appellant Respondent

granting interest 31 ITA No. 4322/MUM/2012 (A.Y. 2008-09) C.O. NO. 287& 288/MUM/2017 M/s. Raymond Limited under section 244A on excess credit for tax deducted at source claimed during the assessment proceedings from the date on which the TDS Certificates were furnished till the date of refund granted

Air India Ltd, Mumbai vs. DCIT 5(1)(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

interest paid on account of late payment of fringe benefit tax could also not be allowed to the assessee. However, the amount of tax deduction at source [TDS] represents the amount of income tax of the third parties party on whose behalf the payment was deducted by the assessee & paid ... section 28. Instead, it is the tax on the profits and gains of the business of the recipient. In view of this, the tax deducted at source (TDS) is not like the income tax which is required to be paid on profits & gains chargeable to tax under section

Air India Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

interest paid on account of late payment of fringe benefit tax could also not be allowed to the assessee. However, the amount of tax deduction at source [TDS] represents the amount of income tax of the third parties party on whose behalf the payment was deducted by the assessee & paid ... section 28. Instead, it is the tax on the profits and gains of the business of the recipient. In view of this, the tax deducted at source (TDS) is not like the income tax which is required to be paid on profits & gains chargeable to tax under section

DCIT 5(1)(1), Mumbai vs. Air India Ltd, Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

interest paid on account of late payment of fringe benefit tax could also not be allowed to the assessee. However, the amount of tax deduction at source [TDS] represents the amount of income tax of the third parties party on whose behalf the payment was deducted by the assessee & paid ... section 28. Instead, it is the tax on the profits and gains of the business of the recipient. In view of this, the tax deducted at source (TDS) is not like the income tax which is required to be paid on profits & gains chargeable to tax under section

DCIT 5(1)(1), Mumbai vs. Air India Ltd, Mumbai

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

interest paid on account of late payment of fringe benefit tax could also not be allowed to the assessee. However, the amount of tax deduction at source [TDS] represents the amount of income tax of the third parties party on whose behalf the payment was deducted by the assessee & paid ... section 28. Instead, it is the tax on the profits and gains of the business of the recipient. In view of this, the tax deducted at source (TDS) is not like the income tax which is required to be paid on profits & gains chargeable to tax under section

Rohan Hattangadi, Mumbai vs. Commissioner of Income Tax (Appeal), Mumbai

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh, Am & Ms. Kavitha Rajagopal, Jm Rohan Hattangadi Cit(A), 32,33/A, Peace Haven Society, Faceless Appeal Centre, Vs. Bandra, Mumbai-400 050 Delhi

revised return, where tax liability of Rs.56,137/-, the assessee claimed relief of foreign taxes, amounting to Rs.26,718/-, and tax deducted at source (TDS) of Rs.50,673/-. A refund of Rs.21,250/- was claimed by the assessee in his revised return of income. It is also observed that

M/S. Lupin Investments Pvt. Ltd (As A Sucessor to Novamed Investments Pvt. Ltd), Mumbai vs. Assistant Commisssioner of Income Tax, Circle 14(1) (1), Mumbai

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

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadalem/S. Lupin Investments Vs. Acit, Circle – 14(1)(1) Pvt Ltd (Successor To Mumbai. Novamed Investments Pvt Ltd.,) 159, Cst Road, Kalina, Santacruz (E), Mumbai – 400098. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacl1070G Appellant .. Respondent Appellant By : Shri Rajan Vora & Shri Hemen Chandaria.Ar Respondent By : Shri Manoj Sinha.Dr Date Of Hearing 10.10.2022 Date Of Pronouncement 30.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Order Of National Faceless Appeal Centre (Nfac), Delhi / Cit(A) Passed U/S 250 Of The Act. The Assessee Has Raised Following Grounds Of Appeal:

determined after adjustment of the tax and interest, if any, computed under clause (b) by any M/s. Lupin Investments Pvt Ltd., Mumbai. tax deducted at source, any tax collected at source, any advance tax paid, any relief allowable under an agreement under section 90 of section GOA, or any relief

Mahim Vividh Karyakari Sahakari Society Ltd., Thane vs. Principal Commissioner of Income Tax-1, Thane

In the result we allow the ground no

from its business operation which made it ineligible. Co-operative societies and co-operative banks are given different treatment u/s. 194A related to tax deducted at source by legislature. Co- operative societies defined u/s. 2(19) of the Act which provided for relaxation of the definition of co- operative societies