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“Section 201(1)”

Section References (mined)Section 201Section 201(1)1,701 judgments

The decision most relied on for Section 201(1) is Kourani v. Union OF India (83 Taxmann.com 137), cited in 1,708 judgments on BharatTax.

Leading authorities on Section 201(1)

Kourani v. Union OF India
83 Taxmann.com 137 · 2017 · High Court
1,708
citing judgments

The fee under Section 234E for late filing of TDS/TCS statements cannot be levied retrospectively by processing an intimation under Section 200A for defaults occurring before the amendment allowing such processing.

Fateh Raj Singhvi & Ors. v. UOI
289 CTR 602 · 2016 · High Court
844
citing judgments

A fee under Section 234E cannot be levied or adjusted in an intimation under Section 200A for TDS statements pertaining to periods prior to June 1, 2015, as the enabling amendment to Section 200A(1)(c) came into effect only from that date.

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

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.

Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT
293 ITR 226 · 2007 · Supreme Court
576
citing judgments

The deductor cannot be treated as an assessee-in-default under Section 201(1) if the deductee has already paid the tax or offered the impugned receipts in their return of income. However, interest under Section 201(1A) for delayed deposit of tax can still be levied up to the date of filing of the return of income by the deductee.

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.

Dundlod Shikshan Sansthan v. Union of India
63 Taxmann.com 243 · 2015 · High Court
397
citing judgments

The imposition of fees for late filing of TDS/TCS returns prior to the Finance Act, 2015 amendments was not illegal, and the Rajasthan High Court found no justification to interfere with such compensatory fees.

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).

Judgments citing Section 201(1)

ITO, Ludhiana vs. M/S A.K. Exports, Ludhiana

In the result, all the appeals of the revenue as well as the appeal and cross-objection of the assessee stand allowed for statistical purposes

ITA 375/CHANDI/2010[2006-07]Status: DisposedITAT Chandigarh01 Jul 2025AY 2006-07

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.799/Chandi/2011 (िनधा"रणवष" / Assessment Year: 2002-03) & 2. आयकरअपीलसं./ Ita No.965/Chandi/2010 (िनधा"रणवष" / Assessment Year: 2005-06) & 3. आयकरअपीलसं./ Ita No.375/Chandi/2010 (िनधा"रणवष" / Assessment Year: 2006-07) & 4. आयकरअपीलसं./ Ita No.800/Chandi/2011 (िनधा"रणवष" / Assessment Year: 2007-08) Ito M/S A.K. Exports बनाम/ Ward 1(1) F-1, Shaheed Bhagat Singh Nagar Vs. Ludhiana Pakhowal Road, Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aagfa-1903-N (अपीलाथ"/Appellant) : (""थ" / Respondent) & 5. आयकरअपीलसं./ Ita No.988/Chandi/2010 (िनधा"रणवष" / Assessment Year: 2005-06) & 6. Co No/25.Chandi/2010 (In Ita No.375/Chandi/2010) (िनधा"रणवष" / Assessment Year: 2006-07) M/S A.K. Exports Ito F-1, Shaheed Bhagat Singh Nagar बनाम/ Vs. Ward 1(1) Pakhowal Road, Ludhiana Ludhiana "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aagfa-1903-N

For Appellant: Shri Tej Mohan Singh (Advocate) – Ld. ARFor Respondent: Shri Manav Bansal(CIT) a/w Shri Vivek
Section 143(3)Section 68Section 69CSection 80I

1 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHANDIGARH BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT AND HON

Abhyudaya Co - Operative Bank Ltd, Dharavi Branch, Mumbai vs. Income Tax Officer (TDS)TDS Ward 1(1)(1), Mumbai

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1811/MUM/2025[2016-17]Status: DisposedITAT Mumbai30 Jun 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 Abhyudaya Co-Operative Bank Ltd. Income Tax Officer (Tds) Dahisar Branch, Mumbai Tds Ward 1(1)(1), Mumbai Shop No.14 & 15, D Wing, Northern Vs. Room No. 413, 4Th Floor, Heights, Bldg 1, Shanti Ngr, Dongri, Cumballa Hill, Mtnl Tele S V Rd, Dahisar E- 400 068 Building, Pedder Road, Cumballa Hill, Mumbai- 400 026 Pan No. Aaaaa 0300 L Appellant Respondent Assessee By : Mr. Sharad A Vaze Revenue By : Mr. Aditya M. Rai, Cit-Dr

For Appellant: Mr. Sharad A VazeFor Respondent: Mr. Aditya M. Rai, CIT-DR
Section 145Section 194(3)(v)Section 194ASection 194A(3)Section 194A(3)(v)Section 201Section 201(1)Section 22Section 80P

made on fixed deposit held to cooperative societies and other persons. The ld. Assessing officer according initiated the proceeding under the provision of section 201(1)/201(1A) of the Income Tax Act, 1961 (in short ‘the Act’). In response, the assessee submitted that income credited by or paid ... cover it. 5.1.45 In view of the facts mentioned above, the Appellate authority does not find any discrepancy in the order under section 201(1)/201(1A) of the IT Act passed on 29/12/2022, no adverse interference is drawn. The Appeal filed on this ground is dismissed.” 5. We have

Abhyudaya Co - Operative Bank Ltd, Ganeshnagar Branch, Mumbai vs. Income Tax Officer (TDS), TDS Ward 1(1)(1), Mumbai

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1810/MUM/2025[2016-17]Status: DisposedITAT Mumbai30 Jun 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 Abhyudaya Co-Operative Bank Ltd. Income Tax Officer (Tds) Dahisar Branch, Mumbai Tds Ward 1(1)(1), Mumbai Shop No.14 & 15, D Wing, Northern Vs. Room No. 413, 4Th Floor, Heights, Bldg 1, Shanti Ngr, Dongri, Cumballa Hill, Mtnl Tele S V Rd, Dahisar E- 400 068 Building, Pedder Road, Cumballa Hill, Mumbai- 400 026 Pan No. Aaaaa 0300 L Appellant Respondent Assessee By : Mr. Sharad A Vaze Revenue By : Mr. Aditya M. Rai, Cit-Dr

For Appellant: Mr. Sharad A VazeFor Respondent: Mr. Aditya M. Rai, CIT-DR
Section 145Section 194(3)(v)Section 194ASection 194A(3)Section 194A(3)(v)Section 201Section 201(1)Section 22Section 80P

made on fixed deposit held to cooperative societies and other persons. The ld. Assessing officer according initiated the proceeding under the provision of section 201(1)/201(1A) of the Income Tax Act, 1961 (in short ‘the Act’). In response, the assessee submitted that income credited by or paid ... cover it. 5.1.45 In view of the facts mentioned above, the Appellate authority does not find any discrepancy in the order under section 201(1)/201(1A) of the IT Act passed on 29/12/2022, no adverse interference is drawn. The Appeal filed on this ground is dismissed.” 5. We have

Abhyudaya Co - Operative Bank Ltd, Lalbaug Branch, Mumbai vs. Income Tax Officer (TDS) TDS Ward 1(1)(1), Mumbai

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1809/MUM/2025[2016-17]Status: DisposedITAT Mumbai30 Jun 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 Abhyudaya Co-Operative Bank Ltd. Income Tax Officer (Tds) Dahisar Branch, Mumbai Tds Ward 1(1)(1), Mumbai Shop No.14 & 15, D Wing, Northern Vs. Room No. 413, 4Th Floor, Heights, Bldg 1, Shanti Ngr, Dongri, Cumballa Hill, Mtnl Tele S V Rd, Dahisar E- 400 068 Building, Pedder Road, Cumballa Hill, Mumbai- 400 026 Pan No. Aaaaa 0300 L Appellant Respondent Assessee By : Mr. Sharad A Vaze Revenue By : Mr. Aditya M. Rai, Cit-Dr

For Appellant: Mr. Sharad A VazeFor Respondent: Mr. Aditya M. Rai, CIT-DR
Section 145Section 194(3)(v)Section 194ASection 194A(3)Section 194A(3)(v)Section 201Section 201(1)Section 22Section 80P

made on fixed deposit held to cooperative societies and other persons. The ld. Assessing officer according initiated the proceeding under the provision of section 201(1)/201(1A) of the Income Tax Act, 1961 (in short ‘the Act’). In response, the assessee submitted that income credited by or paid ... cover it. 5.1.45 In view of the facts mentioned above, the Appellate authority does not find any discrepancy in the order under section 201(1)/201(1A) of the IT Act passed on 29/12/2022, no adverse interference is drawn. The Appeal filed on this ground is dismissed.” 5. We have

Abhyudaya Co - Operative Bank Ltd, Bhiwandi Branch, Mumbai vs. Income Tax Officer (TDS) TDS Ward 1(1)(1), Mumbai

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1808/MUM/2025[2016-17]Status: DisposedITAT Mumbai30 Jun 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 Abhyudaya Co-Operative Bank Ltd. Income Tax Officer (Tds) Dahisar Branch, Mumbai Tds Ward 1(1)(1), Mumbai Shop No.14 & 15, D Wing, Northern Vs. Room No. 413, 4Th Floor, Heights, Bldg 1, Shanti Ngr, Dongri, Cumballa Hill, Mtnl Tele S V Rd, Dahisar E- 400 068 Building, Pedder Road, Cumballa Hill, Mumbai- 400 026 Pan No. Aaaaa 0300 L Appellant Respondent Assessee By : Mr. Sharad A Vaze Revenue By : Mr. Aditya M. Rai, Cit-Dr

For Appellant: Mr. Sharad A VazeFor Respondent: Mr. Aditya M. Rai, CIT-DR
Section 145Section 194(3)(v)Section 194ASection 194A(3)Section 194A(3)(v)Section 201Section 201(1)Section 22Section 80P

made on fixed deposit held to cooperative societies and other persons. The ld. Assessing officer according initiated the proceeding under the provision of section 201(1)/201(1A) of the Income Tax Act, 1961 (in short ‘the Act’). In response, the assessee submitted that income credited by or paid ... cover it. 5.1.45 In view of the facts mentioned above, the Appellate authority does not find any discrepancy in the order under section 201(1)/201(1A) of the IT Act passed on 29/12/2022, no adverse interference is drawn. The Appeal filed on this ground is dismissed.” 5. We have

Abhyudaya Co - Operative Bank Ltd Marve Link Road Branch, Mumbai vs. Income Tax Officer (TDS) TDS Ward 1(1)(1), Mumbai

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1807/MUM/2025[2016-17]Status: DisposedITAT Mumbai30 Jun 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 Abhyudaya Co-Operative Bank Ltd. Income Tax Officer (Tds) Dahisar Branch, Mumbai Tds Ward 1(1)(1), Mumbai Shop No.14 & 15, D Wing, Northern Vs. Room No. 413, 4Th Floor, Heights, Bldg 1, Shanti Ngr, Dongri, Cumballa Hill, Mtnl Tele S V Rd, Dahisar E- 400 068 Building, Pedder Road, Cumballa Hill, Mumbai- 400 026 Pan No. Aaaaa 0300 L Appellant Respondent Assessee By : Mr. Sharad A Vaze Revenue By : Mr. Aditya M. Rai, Cit-Dr

For Appellant: Mr. Sharad A VazeFor Respondent: Mr. Aditya M. Rai, CIT-DR
Section 145Section 194(3)(v)Section 194ASection 194A(3)Section 194A(3)(v)Section 201Section 201(1)Section 22Section 80P

made on fixed deposit held to cooperative societies and other persons. The ld. Assessing officer according initiated the proceeding under the provision of section 201(1)/201(1A) of the Income Tax Act, 1961 (in short ‘the Act’). In response, the assessee submitted that income credited by or paid ... cover it. 5.1.45 In view of the facts mentioned above, the Appellate authority does not find any discrepancy in the order under section 201(1)/201(1A) of the IT Act passed on 29/12/2022, no adverse interference is drawn. The Appeal filed on this ground is dismissed.” 5. We have

Abhyudaya Co - Operative Bank Ltd Dahisar Branch, Mumbai vs. Income Tax Officer (TDS)TDS Ward 1(1)(1), Mumbai

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1806/MUM/2025[2016-17]Status: DisposedITAT Mumbai30 Jun 2025AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 & Assessment Year: 2016-17 Abhyudaya Co-Operative Bank Ltd. Income Tax Officer (Tds) Dahisar Branch, Mumbai Tds Ward 1(1)(1), Mumbai Shop No.14 & 15, D Wing, Northern Vs. Room No. 413, 4Th Floor, Heights, Bldg 1, Shanti Ngr, Dongri, Cumballa Hill, Mtnl Tele S V Rd, Dahisar E- 400 068 Building, Pedder Road, Cumballa Hill, Mumbai- 400 026 Pan No. Aaaaa 0300 L Appellant Respondent Assessee By : Mr. Sharad A Vaze Revenue By : Mr. Aditya M. Rai, Cit-Dr

For Appellant: Mr. Sharad A VazeFor Respondent: Mr. Aditya M. Rai, CIT-DR
Section 145Section 194(3)(v)Section 194ASection 194A(3)Section 194A(3)(v)Section 201Section 201(1)Section 22Section 80P

made on fixed deposit held to cooperative societies and other persons. The ld. Assessing officer according initiated the proceeding under the provision of section 201(1)/201(1A) of the Income Tax Act, 1961 (in short ‘the Act’). In response, the assessee submitted that income credited by or paid ... cover it. 5.1.45 In view of the facts mentioned above, the Appellate authority does not find any discrepancy in the order under section 201(1)/201(1A) of the IT Act passed on 29/12/2022, no adverse interference is drawn. The Appeal filed on this ground is dismissed.” 5. We have

M/S. Sanklecha Constructions, Nashik vs. The Income Tax Officer, ITO(TDS), Nashik

In the result, appeal of the assessee is dismissed

ITA 1265/PUN/2025[2015-16]Status: DisposedITAT Pune27 Jun 2025AY 2015-16

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकरअपीलसं. / Ita No.1265/Pun/2025 िनधा"रणवष" / Assessment Year: 2015-16 M/S.Sanklecha Constructions, V The Income Tax Officer, 11, Op. Of Kalika Park, Agra S. Ito(Tds), Nashik. Road, District Nashik, Nashik – 422002. Maharashtra. Pan: Aaffs1432H Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte– Ar Revenue By Shri Akhilesh Srivastva– Addl.Cit(Dr) Date Of Hearing 18/06/2025 Date Of Pronouncement 27/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal)-1, Hyderabad Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2015-16, Dated 28.03.2025 Emanating From Order U/S.201 Of The Income Tax Act, Dated 31.03.2022. The Assessee Has Raised Following Grounds Of Appeal :

Section 156Section 201Section 201(1)Section 250

penalty u/s.201(1) of the Act. Therefore, AO has erred in levying penalty u/s.201(1) of the Act. Ld.AR took us through the Section 201(1) of ITA No.1265/PUN/2025 [A] the Act. Ld.AR filed a paper book. Ld.AR invited our attention to the show-cause notice issued u/s.201(1 ... demonstrate that the ITO(TDS) had invoked Section 201(1) of the Act, which is erroneous. Therefore, ld.AR submitted that the order may be quashed. On merits Ld.AR submitted that the Assessee had requested the AO and CIT(A) to obtain the information directly from the Deewan Housing Finance Corporation

State Bank of India, Chennai vs. ACIT TDS, Chennai

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

ITA 1465/CHNY/2024[2015-16]Status: DisposedITAT Chennai27 Jun 2025AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1465/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 State Bank Of India Vs. The Assistant Commissioner Of Industrial Finance Branch, Income Tax, 103, Mount Road, Chennai 600 002. Tds Circle 3(1), [Tan:Ches02510E] Chennai. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. G. Vardini Karthik, Advocate (Virtual) ""थ" की ओर से/Respondent By : Shri N. Madan Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.04.2025 घोषणा की तारीख /Date Of Pronouncement : 27.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.03.2024 Passed By The Addl/Jcit(1)-1, Coimbatore For The Assessment Year 2015-16. 2. The Assessee Raised 17 Grounds Of Appeal, Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Order Passed Under Section 201/201(1A) Of The Income Tax Act, 1961 [“Act” In Short] In The Facts & Circumstances Of The Case.

For Appellant: Ms. G. Vardini Karthik, Advocate (virtual)For Respondent: Shri N. Madan Kumar, JCIT
Section 10(5)Section 192BSection 201

Court in Civil Appeal No. 8181 of 2022. The ld. CIT(A) ought to have seen that once conditions specified in proviso to section 201(1) of the Act are not satisfied, the interest under section 201(1A) of the Act will be untenable. The ld. CIT(A) failed ... 201(1)/201(1A) of the IT Act, 1961, dated 28. 03. 2023 treating the assessee deductor in default under the meaning of section 201(1) for non-deduction of TDS u/s 192B of the Act on the reimbursement of LTC payment made to its employee (on foreign travel), Shri