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8 results for “TDS”+ Section 40A(2)clear

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Key Topics

Section 40A(3)9Addition to Income7Section 406Section 686Disallowance6Section 143(1)5Section 1544Section 1954Section 2634TDS

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) is based on the “principle of proportionality”. The said sub-Section gets attracted only in cases where the payment made is a composite payment in which a certain 12 | P a g e proportion of payment has an element of “income” chargeable to tax in India. It is in this context that the Supreme Court stated, “If no such

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

In the result, the appeal is partly allowed

4
Deduction4
Section 903
ITA 90/AGR/2017[2010-11]Status: Disposed
ITAT Agra
27 Aug 2018
AY 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

ANKITA PALIWAL,ALIGARH, UTTAR PRADESH vs. COMMISSIONER OF INCOME TAX, ALIGARH

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

ITA 195/AGR/2024[AY 2018-19]Status: DisposedITAT Agra06 Feb 2025

Bench: : Shri Ramit Kochar & Shri Sudhir Kumarassessment Year: 2018-19

Section 139(1)Section 143(1)Section 154Section 234ASection 90

TDS was deducted of Rs. 2,82,020/- in USA. The assessee is resident in India. The assessee filed its return of income within time allowed u/s. 139(1) wherein, the global income was disclosed and due credit of tax paid in USA was also deducted in view of the provisions of section 90 of the Act. It was submitted

M/S R.K. BAJPAI,AURAIYA vs. CIT -1, AGRA

In the result, the appeal is partly allowed

ITA 154/AGR/2016[2008-09]Status: DisposedITAT Agra16 May 2018AY 2008-09

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenam/S R.K. Bajpai, Vs..Dcit,Circle-1, Dibiyapur, Auraiya. Agra. Panno.Aaffr8521G (Assessee) (Revenue)

Section 194CSection 263Section 40Section 40a

section, 40a(ia) the Income Tax Act, 1961 of a sum of Rs.4,92,250/- debited towards rent of equipment. 5. That the Hon'ble ITAT, Agra vide order dated 26.04.2016 has already held that the order passed u/s 263 of the Income Tax Act, 1961 is invalid in respect of Ground no. 2 and 3 above. Any other relief

TOMAR AND BROTHERS,ETAWAH vs. INCOME TAX OFFICER, WARD-2(2)(5), ETAWAH

Appeal of the assessee is partly allowed

ITA 202/AGR/2024[2014-15]Status: DisposedITAT Agra24 Apr 2025AY 2014-15

Bench: :Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2014-15

Section 250(6)Section 40

2,10,400/- was furnished. M/S TOMAR & BROTHERS, 43-A, MOTIJHEEL COLONY, ETAWAH. Break up of JCB Rent, Tractor Rent, Roller &Poclane Rent. (01.04.2013 to 31.03.2014) DATE PARTICULARS AMOUNT 18.04.2014 SHRI HUKUM SINGH TRACTOR 18500.00 BHARTHANA 12.05.2013 SHRI RAM SINGH TRACTOR 42600.00 CHHATA MATHURA 06.06.2013 ASHOK MISHRA, JCB 75600.00 FRIENDS COLONY ETAWAH 6 | P a g e 16.06.2013 APPU TOMAR

GIRDHARI LAL KEDAR NATH SINGHAL,AGRA vs. THE INCOME TAX OFFICER 1(1)(1), AGRA

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

ITA 182/AGR/2025[2017-18]Status: DisposedITAT Agra03 Sept 2025AY 2017-18

Bench: Shri S.Rifaur Rahmangirdhari Lal Kedar Nath Singhal, Vs. Ito 1 (1)(1), Ff – 1, Bhagwati Complex, Agra. M.G. Road, Opp. Shah Cinema, Agra – 282 002 (Uttar Pradesh). (Pan : Aacfg5458N) (Appellant) (Respondent) Assessee By : Shri Naveen Garg, Advocate Revenue By : Shri Anil Kumar, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 03.09.2025

For Appellant: Shri Naveen Garg, AdvocateFor Respondent: Shri Anil Kumar, Sr. DR
Section 131Section 143(1)Section 143(2)Section 44ASection 80G

2 ‘rent’ for Rs.2,00,54,349/- and another receipts and declared net profit of Rs.4,94,875/-. The books of account were also audited under section 44AB of the Act. He further observed that in the immediate preceding AYs 2015-16 and 2016-17, the assessee has declared the income under the provisions of section 44AD

AVNEESH KUMAR CHATURVEDI,AGRA vs. I.T.O-2(2), AGRA

In the result, this appeal by the assessee stands partly allowed

ITA 386/AGR/2017[2008-09]Status: DisposedITAT Agra25 Jul 2023AY 2008-09

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us[Assessment Year: 2008-09]

Section 143(3)Section 144Section 147Section 148Section 40A(3)

TDS certificates, and two, the payments of Rs.15,48,900/-, which had been made through bearer cheques by the assessee which came within the ambit of section 40A(3) of the Act. Thereafter, assessment has been completed us 144/148 vide the impugned order dated 18.02.2015 determining the assessed income at Rs. 9,93,660/- as against the originally assessed income

MANISH MAHESHWARI,GWALIOR vs. JCIT RANGE-2, GWALIOR

In the result, appeal of the assessee is partly allowed

ITA 308/AGR/2015[2010-11]Status: DisposedITAT Agra26 Sept 2018AY 2010-11

Bench: Him Though Specific Request Was Made To Admit The Same. Ground No. 2 (I) Because The Ld. Cit(A) Has Wrongly, Illegally & Arbitrarily Confirmed Theaddition Of Rs. 67,530/- Made By The Assessing Officer U/S 40A(3) Of The Income Tax Act. (Ii) Because The Ld. Cit(A) Has Legally Erred In Rejecting The Appellant'Sspecificsubmissionand The Unavoidable Circumstances Under Which The Payment Wasmade. Ground No. 3 (I) Because The Ld. Cit(A) Has Wrongly, Illegally & Arbitrarily Confirmed An Addition Of Rs. 1,11,038/- Made By The Assessing Officer By Disallowing The Claim Of Interest Paid Holding The Same To Be Not Allowable U/S 57(Iii) Of The Income Tax Act.”

Section 133Section 40A(3)Section 57Section 68

40A(3) of the Income Tax Act. (ii) Because the Ld. CIT(A) has legally erred in rejecting the appellant'sspecificsubmissionand the unavoidable circumstances under which the payment wasmade. Ground No. 3 (i) Because the Ld. CIT(A) has wrongly, illegally and arbitrarily confirmed an addition of Rs. 1,11,038/- made by the Assessing Officer by disallowing the claim