XCELLON EDUCATION LIMITED,,AHMEDABAD vs. ADDL. CIT, TDS,, AHMEDABAD

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

TDS within stipulated time, and under section 272A(2)(g) of the Act of Rs.2,58,000/- for the alleged

XCELLON EDUCATION LIMITED,,AHMEDABAD vs. ADDL. CIT, TDS,, AHMEDABAD

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

TDS within stipulated time, and under section 272A(2)(g) of the Act of Rs.2,58,000/- for the alleged

DCIT, CIRCLE-1(3), , AHMEDABAD vs. EDELWEISS BROKING LTD.(ON BEHALF OF AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 194-I of the Act as alleged by the authorities below. Accordingly no disallowance on account of non-deduction of TDS is warranted. 129. Before parting, it is also important to note that the ITAT in the own case of the assessee for the Assessment Year 2008-09 in ITA No. 1718/AHD/2011 has set aside the identical issue

M/S. EDELWEISS BROKING LIMITED,AHMEDABAD vs. THE DCIT, CIRCLE-1(3), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 194-I of the Act as alleged by the authorities below. Accordingly no disallowance on account of non-deduction of TDS is warranted. 129. Before parting, it is also important to note that the ITAT in the own case of the assessee for the Assessment Year 2008-09 in ITA No. 1718/AHD/2011 has set aside the identical issue

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

DY.COMMISSIONER OF INCOME TAX CIRCLE-1(3),, AHMEDABAD vs. KIFS PVT.LTD.,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

THE DY. CIT., CIRCLE-3,, AHMEDABAD vs. KHANDWALA INTEGRATED FINANCIAL SERVICES PVT. LTD, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

KIFS SECURITIES PVT. LTD.,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

THE ACIT, CIRCLE-3,, AHMEDABAD vs. KIFS SECURITIES LIMITED,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3),, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 36(2) are not satisfied since the said amount of Rs. 1. 58 crores was never accounted for as income by the assessee. 4.The CIT(A) has erred in law and on facts by deleting the addition to the extent of Rs.2.68 lacs u/s 40(a)(ia) despite the fact that the assessee had not deducted TDS

THE DY. CIT, CIRCLE-1(2),, BARODA vs. M/S. DELOITTE HASKINS & SELLS, BARODA

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2970/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2014-2015 D.C.I.T., M/S Deloitee Haskins & Sells, Circle-1(2), Vs. 31-Nutan Bharat Society, Vadodara. Alkapuri, Baroda.

58,571/- 54,57,460/- 1,09,149/- 37,01,111/- NIL Hotel 3. ITC 13,21,195/- 5,93,567/- 11,556/- 7,39,185/- NIL Grand Total 1,19,90,581/- 60,51,027/- 1,20,705/- 59,51,111/- 11.1 As per the AO the assessee was liable to deduct TDS

DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. AMOL DICALITE LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Royआयकर अपील सं./Ita No. 539/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2008-2009 & आयकर अपील सं./Ita No. 1246/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2010-2011 The D.C.I.T, Amol Dicalite Ltd. Circle-1(1)(1), Vs. 301, Akshay, 53, Ahmedabad Shirmali Society Navrangpura, Ahmedabad

section 4, 5 and 9 and obligation to deduct TDS arises when there is a sum chargeable to tax under the Act. 7. Similarly, in case of other case law relied upon by the assessee, AO did not give any cogent reason demonstrating that those cases were not applicable. 12. The ld. CIT(A) after considering the submission

THE DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. AMOL DICALITE LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Royआयकर अपील सं./Ita No. 539/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2008-2009 & आयकर अपील सं./Ita No. 1246/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2010-2011 The D.C.I.T, Amol Dicalite Ltd. Circle-1(1)(1), Vs. 301, Akshay, 53, Ahmedabad Shirmali Society Navrangpura, Ahmedabad

section 4, 5 and 9 and obligation to deduct TDS arises when there is a sum chargeable to tax under the Act. 7. Similarly, in case of other case law relied upon by the assessee, AO did not give any cogent reason demonstrating that those cases were not applicable. 12. The ld. CIT(A) after considering the submission

THE ACIT, CIRCLE- 2(1)(1),, AHMEDABAD vs. M/S. GUJARAT AMBUJA EXPORTS LIMITED,, AHMEDABAD

Bench: Us.

58, 659/- by holding that the income arising on account of commission payable to overseas agents was deemed to accrue or arise in India and was accordingly taxable under the Provisions of section 5(2)(b) read with section 9(1)(i) of Income Tax Act. 4.4 It is seen from the facts of the case, that identical issue

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1`),, AHMEDABAD vs. M/S. GUJARAT AMBUJA EXPORTS LTD.,, AHMEDABAD

In the result, appeals of the Revenue and CO of the assessee; all are dismissed

Bench: Shri Rajpal Yadav & Shri Pradipkumar Kedia

58. Considering the above facts, we are of the view that the ld.CIT(A) has rightly adjudicated this issue by keeping in mind the decision of Hon’ble Madras High Court and the position of law. We do not find any error in the order of the ld.CIT(A), and the appeal of the Revenue in the Asstt.Year

THE DCIT, CIRCLE- 2(1)(1),, AHMEDABAD vs. M/S. GUJARAT AMBUJA EXPORTS LIMITED, AHMEDABAD

In the result, appeals of the Revenue and CO of the assessee; all are dismissed

Bench: Shri Rajpal Yadav & Shri Pradipkumar Kedia

58. Considering the above facts, we are of the view that the ld.CIT(A) has rightly adjudicated this issue by keeping in mind the decision of Hon’ble Madras High Court and the position of law. We do not find any error in the order of the ld.CIT(A), and the appeal of the Revenue in the Asstt.Year