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38 results for “TDS”+ Section 17(2)clear

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Key Topics

Section 143(3)36Addition to Income30Section 37(1)22Natural Justice16TDS15Section 145(3)13Section 153A11Section 14511Section 142A11Section 144

JHASI DEVELOPMENT AUTHORITY,JHANSI vs. DY. C.I.T., CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

ITA 256/AGR/2014[2010-11]Status: DisposedITAT Agra13 Jan 2021AY 2010-11

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

section 2(15) of the Act and the Ld. CIT(A) having admitted that it is his (special auditor) opinion over the issue, has decided to adjudicate after examining the Act and various decision as discussed by the Ld. CIT(A). It is again submitted that neither the statute nor the decisions relied upon by Ld CIT(A), no where

JHANSI DEVELOPMENT AUTHORITY,JHANSI vs. ACIT CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

Showing 1–20 of 38 · Page 1 of 2

11
Bogus Purchases11
Section 12A9
ITA 149/AGR/2017[2011-12]Status: DisposedITAT Agra13 Jan 2021AY 2011-12

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

section 2(15) of the Act and the Ld. CIT(A) having admitted that it is his (special auditor) opinion over the issue, has decided to adjudicate after examining the Act and various decision as discussed by the Ld. CIT(A). It is again submitted that neither the statute nor the decisions relied upon by Ld CIT(A), no where

ACIT CIRCLE-4, AGRA vs. JHANSI DEVELOPMENT AUTHORITY, JHANSI

In the result the appeal of the assessee is allowed and the appeal

ITA 355/AGR/2014[2010-11]Status: DisposedITAT Agra13 Jan 2021AY 2010-11

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

section 2(15) of the Act and the Ld. CIT(A) having admitted that it is his (special auditor) opinion over the issue, has decided to adjudicate after examining the Act and various decision as discussed by the Ld. CIT(A). It is again submitted that neither the statute nor the decisions relied upon by Ld CIT(A), no where

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 216/AGR/2016[2011-12]Status: DisposedITAT Agra17 May 2021AY 2011-12
Section 124Section 142Section 153

Section 10(23C) on the requirement that a college must maintain the status- quo, as it were, in regard to its knowledge based infrastructure. Nor for that matter is an educational institution prohibited from upgrading its infrastructure on educational facilities save on the pain of losing the benefit of the exemption under Section 10(23C). Imposing such a condition which

ACIT, CIRCLE-2(1)(1),AGRA, AGRA vs. EMCO EXPORTS, AGRA

In the result, revenue’s appeal stands dismissed

ITA 415/AGR/2025[2020-21]Status: DisposedITAT Agra15 Jan 2026AY 2020-21

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2020-21

Section 195Section 250Section 40Section 9

2) of the Act, the Karnataka High Court in the case of Jindal Thermal Power Co. Ltd., vs. DCIT reported in 321 ITR 31 held that the law laid down by the Apex Court in the case of Ishikawajima Harima Heavy Industries Limited (supra) still holds good despite the retrospective amendment to section 9 of the Act. In our opinion

MAMTA AGARWAL,ALIGARH vs. PCIT AGRA-1, AGRA

In the result, both the appeals of the assessee are allowed

ITA 204/AGR/2025[2016-17]Status: DisposedITAT Agra13 Oct 2025AY 2016-17

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh

Section 142(1)Section 147Section 147oSection 148Section 263Section 50Section 50CSection 50C(1)Section 56(2)Section 56(2)(viib)

2,92,399/- was deposited as TDS. The Assessee further requested for valuation of the property by Valuation Officer, contesting that the Circle Rate did not reflect the Fair Market Value (hereinafter referred to as ‘FMV’). Thereafter, a reference was made to the Technical Unit by the AO, vide the letter dated 17-03-2022, by NFAC, for assistance

RAKESH AGARWAL ,ALIGARH vs. PCIT AGRA-1, AGRA

In the result, both the appeals of the assessee are allowed

ITA 205/AGR/2025[2016-17]Status: DisposedITAT Agra13 Oct 2025AY 2016-17

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh

Section 142(1)Section 147Section 147oSection 148Section 263Section 50Section 50CSection 50C(1)Section 56(2)Section 56(2)(viib)

2,92,399/- was deposited as TDS. The Assessee further requested for valuation of the property by Valuation Officer, contesting that the Circle Rate did not reflect the Fair Market Value (hereinafter referred to as ‘FMV’). Thereafter, a reference was made to the Technical Unit by the AO, vide the letter dated 17-03-2022, by NFAC, for assistance

MAHIM PATRAN P. LTD,NEW DELHI vs. PR. CIT -2, AGRA

In the result, the appeals are dismissed

ITA 195/AGR/2015[2010-11]Status: DisposedITAT Agra02 Sept 2019AY 2010-11

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 143(3)Section 199(1)Section 205Section 263

section 263 is not applicable. Further, we would like to reproduce ground No. 8 raised by the assessee before the ITA Nos. 195 & 196/Agr/2015 17 ld. CIT(A) as mentioned by the ld. CIT(A) at page 2 of the order to the following effect : “8. Calculation of Income Tax and Interest is wrong.” The ld. CIT(A) at page

INCOME TAX OFFICER, ASHOKNAGAR vs. AJIT SINGH , SHIVPURI

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

ITA 89/AGR/2025[2013]Status: DisposedITAT Agra04 Dec 2025

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh (Through Virtual Hearing) Income Tax Officer, Vs. Ajit Singh, Ashoknagar, Village-Haatodh, Madhya Pradesh Post-Kota, Shivpuri (Appellant) (Respondent) Pan: Ccnps7470K Assessee By : Shri Vipin Upadhyay, Adv Revenue By: Shri Sukesh Kumar Jain, Cit(Dr) Date Of Hearing 17/11/2025 Date Of Pronouncement 04/11/2025

For Appellant: Shri Vipin Upadhyay, AdvFor Respondent: Shri Sukesh Kumar Jain, CIT(DR)
Section 133(6)Section 139Section 142(1)Section 143(2)Section 143(3)Section 144Section 144BSection 147Section 148Section 148(1)

TDS return – Rs. 50,024 5. Since the aforesaid transactions were above the maximum amount not chargeable to tax, the Learned AO proceeded to reopen the assessment under section 147 of the Act after obtaining necessary approval of the competent authority. Accordingly, notice under section 148 of the Act stood issued to the Assessee on 30-3-2021, which

AARA AGRO PVT. LTD.,AGRA vs. DY.CIT., CIRCLE-2(1)(1), AGRA

The appeal is allowed for statistical purposes

ITA 54/AGR/2021[2018-19]Status: DisposedITAT Agra23 Nov 2021AY 2018-19

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meenalt.A No. 54/Agr/2021 (Assessment Year: 2018-19) Vs. Cit Circle-2 (1)(1) Agra Agro Private Limited Agra U.P. Anjana Cinema, 3/2 D.M.G. Road Agra U.P. 282007 Pan: Aagca8595F (Revenue) (Assessee)

Section 115JSection 143(1)Section 207Section 234BSection 234C

TDS and advance tax at Rs.6,59,88,880/-. Thus the tax paid in advance was much more than payable as per normal provisions. However, there is short fall of advance tax as per the provisions of section 115JB. The tax payable as per the provisions of section 115JB worked out at Rs.7,48,02,970/- and the short fall

M/S. EXECUTIVE ENGINEER CONSTRUCTION,ETAWAH vs. DCIT(TDS), AGRA

In the result, the appeal is allowed

ITA 207/AGR/2016[2011-12]Status: DisposedITAT Agra11 Oct 2017AY 2011-12

Bench: Shri A. D. Jain & Dr. Mitha Lal

Section 194CSection 201Section 201(1)

17,508/- raised under sections 201(1) and 201(1A) of the I.T. Act. 2. The facts are that the assessee is a deductor, i.e., the U.P. Government Construction Division. Survey proceedings were conducted on 16.12.2013 in order I.T.A No. 207/Agra/2016 2 to verify the correct applicability of the TDS

STATE BANK OF INDIA,VRINDAVAN vs. CIT APPEALS 1, AGRA

In the result, ITA No. 65/Agra/2017 is allowed, whereas ITA

ITA 65/AGR/2017[2012-13]Status: DisposedITAT Agra25 Jan 2018AY 2012-13

Bench: Shri A. D. Jain

Section 271CSection 273B

TDS u/s 194A in respect of interest on FDR paid to trust. On 19.03.2015- order under section 201(1)/ 201(1A) of the Income Tax Act, was passed and a demand of Rs. 7,32,951/- was raised. 17. Appeal was filed before the Commissioner of Income-tax (Appeals)-l, Agra who has decided the appeal partly in favor

RISHAV SHELTERS P LTD,AGRA vs. JCIT RANGE-4 , AGRA

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

ITA 108/AGR/2015[2011-12]Status: DisposedITAT Agra08 Aug 2018AY 2011-12
Section 144Section 145(3)Section 44A

2. Books of accounts are duly audited u/s 44AB. Audit report, Balance sheet, Profit & Loss account with schedules were filed. No dispute of this fact. Accounts cannot be audited in the absence of books of accounts. No defect or discrepancy is pointed out. Method of the accounting is same as in the preceding years. 3. Section 44AD is not applicable

SMT ARCHANA DUTTA,MATHURA vs. ACIT CIRCLE-3, MATHURA

In the result, the appeal is partly allowed

ITA 330/AGR/2016[2011-12]Status: DisposedITAT Agra14 May 2018AY 2011-12

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenasmt. Archana Dutta, Prop. M/S Vs..Acit,Circle-3, Dutta & Dutta Construction, Co., Mathura. 77E Dutta & Dutta Construction, Govind Nagar, Mathura. Panno.Afxpd7557B (Assessee) (Revenue)

Section 144Section 145(3)Section 234BSection 43BSection 44ASection 68

section 234B of the Act as the Income of the assessee is subjected to TDS.” 2. The assessee is engaged in the business of Civil Contractor and work of road construction under government departments. Return of income was e-filed on 24.09.2011 declaring total income at Rs. 17

STATE BANK OF INDIA,GWALIOR vs. CIT A , GWALIOR

In the result, ITA No.42/Agr/2018 is allowed for statistical

ITA 6/AGR/2018[2013-14]Status: DisposedITAT Agra31 May 2018AY 2013-14

17- 34-36/Ag/2018 ITO (TDS), AAACS8577K State Bank of 18 City Center, BPLS06616B A.Y.2013-14 India, Branch- Gwalior Rajnagar, Chattarpur 19- ITO (TDS), AAACS8577K 19,21,22 & 23 State Bank of 22 City Center, BPLS09930E /Ag/2018 India, Branch- Gwalior A.Y.2013-14 Gallamandi, Bhind 23. 24/Ag/2018 ITO (TDS), AAACS8577K State Bank of City Center, BPLS06510A A.Y.2013-14 India, Branch- Gwalior Sabalgarh, Morena

STATE BANK OF INDIA,GWALIOR vs. CIT A, GWALIOR

In the result, ITA No.42/Agr/2018 is allowed for statistical

ITA 3/AGR/2018[2013-14]Status: DisposedITAT Agra31 May 2018AY 2013-14

17- 34-36/Ag/2018 ITO (TDS), AAACS8577K State Bank of 18 City Center, BPLS06616B A.Y.2013-14 India, Branch- Gwalior Rajnagar, Chattarpur 19- ITO (TDS), AAACS8577K 19,21,22 & 23 State Bank of 22 City Center, BPLS09930E /Ag/2018 India, Branch- Gwalior A.Y.2013-14 Gallamandi, Bhind 23. 24/Ag/2018 ITO (TDS), AAACS8577K State Bank of City Center, BPLS06510A A.Y.2013-14 India, Branch- Gwalior Sabalgarh, Morena

SMT. NEETA SHARMA,AGRA vs. DCIT CENTRAL CIRCLE 1(1)(1), AGRA

In the result, the appeal is partly allowed

ITA 90/AGR/2017[2010-11]Status: DisposedITAT Agra27 Aug 2018AY 2010-11

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

Section 234BSection 40Section 40A(3)

2. During the course of assessment proceedings on perusal of cash book it is found that assessee has paid/incurred expenses more than Rs.20,000/- in a single day. Vide order sheet entry dated 05.11.2012 assessee was required to explain why the following expenses which is paid in cash may not be disallowed u/s 40A(3) :- Name Date Amount

A.C.I.T., CIRCLE-4(1), AGRA vs. DR. ANIL KUMAR VERMA, AGRA

In the result, the appeal of the Revenue is dismissed and the C

ITA 274/AGR/2013[2009-10]Status: DisposedITAT Agra04 Sept 2019AY 2009-10

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaa.Y. :2009-10

Section 36Section 40

2 of the assessee’s Cross-objection is also dismissed. 28. Ground No. 3 relates to disallowance of Rs. 5,98,306/- made by the AO while Rs. 49,794/- confirmed by the CIT Appeal. The learned AO discussed this matter at para 3 at page 7-8. According to him, donation of Rs. 93,67,242/- made

SHRI OM PRAKASH SINGH,MATHURA vs. ACIT CIRCLE-3, AGRA

In the result appeal is partly allowed

ITA 331/AGR/2016[2011-12]Status: DisposedITAT Agra22 Mar 2019AY 2011-12

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

Section 144Section 234BSection 44ASection 68

TDS. 9. BECAUSE, while making the assessment the authorities below made various observations/ conclusions which are contrary to facts available on records. While making the addition submission made and evidences filed have been rejected arbitrarily. 10. BECAUSE, the order appealed against is arbitrary, illegal, contrary to the facts, material on record, law and principles of natural justice. The ‘appellant’ reserves

M/S GINNI FILAMENTS LTD.,MATHURA vs. A.C.I.T., RANGE-3, MATHURA

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

ITA 173/AGR/2013[2008-09]Status: DisposedITAT Agra02 Sept 2019AY 2008-09

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 234BSection 44A

TDS by Rs. 10,34,853/- instead of Rs. 13,81,255/- as claimed by the assessee in the revised computation of income. 3 9. BECAUSE, while making the assessment the 'AO' and while sustaining the addition the 'CIT(A)' made various observations/conclusions which are contrary to facts available on records. The findings recorded in this aspect are wholly perverse