M/S. SATIA INDUSTRIES LIMITED,MUKTSAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, BATHINDA

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business income. 16.1. The next grievance is related the amendment of claim in assessment stage. The transfer value of REC/ESCs amounting to Rs.17,77,26000/- was duly claimed as capital receipt in assessment stage. We respectfully relied on the order of I.T.A. No.193/Asr/2022 50 Assessment Year: 2018-19 Hon’ble Apex Court in the case of Goetze (India

SHRI VIJAY KUMAR,GARHSHANKAR vs. INCOME TAX OFFICER WARD-1, HOSIARPUR

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

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business of distributorship of Airtel Sim Card and earning commission income only and therefore, total receipts deposited in the bank account which were supported with TDS

SHRI BALDEV SINGH ,ABOHAR vs. INCOME TAX OFFICER WARD- 3 (2), FEROZEPUR

In the result, the appeal bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

TDS in the return of income. The income is in the nature of business. The ld. AO had calculated the turnover

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH. CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

business of trading in electrical, electronic and mechanical items-Assessee filed its e-return- AO noticed that there was escapement of income as Assessee had billed royalty under head other income-AO completed assessment u/s. 143(3) restricting TDS

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH, CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

business of trading in electrical, electronic and mechanical items-Assessee filed its e-return- AO noticed that there was escapement of income as Assessee had billed royalty under head other income-AO completed assessment u/s. 143(3) restricting TDS

SHRI SANTOKH SINGH ,AMRITSAR vs. INCOME TAX OFFICER WARD - 2 (1), AMRITSAR

The appeals of the assessees are disposed of in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business activities, source of cash deposits, etc. Your Honor will appreciate that the email address on the online portal was that of the accountant who expired on 19.04.2021 and the appellant as not aware about any proceedings. The copy of death certificate is enclosed at page no 27. 4. That the assessment was completed under section 147 r.w.s

SHRI SANTOKH SINGH ,AMRITSAR vs. INCOME TAX OFFICER WARD- 2 (1), AMRITSAR

The appeals of the assessees are disposed of in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business activities, source of cash deposits, etc. Your Honor will appreciate that the email address on the online portal was that of the accountant who expired on 19.04.2021 and the appellant as not aware about any proceedings. The copy of death certificate is enclosed at page no 27. 4. That the assessment was completed under section 147 r.w.s

SHRI SANTOKH SINGH ,AMRITSAR vs. INCOME TAX OFFICER WARD - 2 (1), AMRITSAR

The appeals of the assessees are disposed of in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business activities, source of cash deposits, etc. Your Honor will appreciate that the email address on the online portal was that of the accountant who expired on 19.04.2021 and the appellant as not aware about any proceedings. The copy of death certificate is enclosed at page no 27. 4. That the assessment was completed under section 147 r.w.s

SHRI SANTOKH SINGH ,AMRITSAR vs. INCOME TAX OFFICER WARD -2 (1), AMRITSAR

The appeals of the assessees are disposed of in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business activities, source of cash deposits, etc. Your Honor will appreciate that the email address on the online portal was that of the accountant who expired on 19.04.2021 and the appellant as not aware about any proceedings. The copy of death certificate is enclosed at page no 27. 4. That the assessment was completed under section 147 r.w.s

MEASEG. LADAKH ROADLINES ,SRINAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE, SRINAGAR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

income generated on which TDS has been deducted and fulfilment of terms of allotment of contracts also served by way of submission of bank guarantees. The interest earned of Rs. 53,60,917/=has been reflected separately on credit side of profit and loss account for proper presentation and disclosure requirement only since the appellant had option

LADAKH ROADLINES,SRINAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE, SRINAGAR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

income generated on which TDS has been deducted and fulfilment of terms of allotment of contracts also served by way of submission of bank guarantees. The interest earned of Rs. 53,60,917/=has been reflected separately on credit side of profit and loss account for proper presentation and disclosure requirement only since the appellant had option

THE JHINGRAN COOP MULTIPURPOSE SERVICE SOCIETY LIMITED,NAWANSHAHR vs. INCOME TAX OFFICER ( TDS), JALANDHAR

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

TDS on the amount paid by a co-operative society to its member. The said section is reproduced hereunder:- “Section 194A (1) Any person not being an individual ............................................................................................................................................ ded uct income tax thereon at the rates in force. Provided that an individual or a Hindu Undivid ........................................................... (2) (Omitted by the finance Act,1992 w.e.f.1-6-1992) (3) The provisions of sub-section

SMT. SATVIR KAUR W/O SH. SHINDER SINGH,FEROZEPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, AMRITSAR

In the result, the appeal of the assessee is allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

TDS and agricultural income being in the nature of exempt income, the assessee opted for not filing of Income Tax Return for the year under consideration i.e. A.Y. 2011-12. Further, the bank account maintained by the assessee in Oriental Bank of Commerce is in the joint name of assessee as well as her husband. It is worthwhile to mention

SH. AMRINDER SINGH DHIMAN,NAKODAR vs. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE PHAGWARA, PHAGWARA

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

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

business or profession'. d. In the present case, TDS was to be deducted on the said payment of Rs.28565 +Rs.204867 = Rs.233432, being clearing & forwarding charges, but TDS has not been deducted, therefore, this payment is not allowable as deduction while computing the income

SHRI SUBASH GUPTA,JAMMU vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, JAMMU

In the result, the appeal of the assessee is allowed

Bench: Dr. M. L. Meena & Sh. Udayan Dasgupta

income filed in regular course declaring business loss of Rs. 40.01 lakhs, was selected for scrutiny and in course of assessment proceedings replies and submissions were filed in response to various notices issued and finally the assessment 3 I.T.A. No. 671/Asr/2024 Assessment Year: 2018-19 was completed with an addition of Rs. 1.81 crores, on the basis of TDS

MESERS G.G CONTINEENTAL TRADES PVT.LTD,BATHINDA vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-I, BATHINDA

In the result, the appeals of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.189/Asr/2018 Assessment Years: 2014-15

business expediency , the advance was not covered in section 2 (22) (e). 8. Further the reliance is being placed on the judgment of ITAT, Delhi Bench in the case of Saamag Developers Vs ACIT, reported in 90 taxmann.com 20 (Delhi Trib.), in which, it has been held as under:- “Section 2(22) of the Income-tax Act, 1961 - Deemed dividend

MEASAGE G. G OILS & FATS PRIVATE LIMITED,BATHINDA vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE- 1 , BATHINDA

In the result, the appeals of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.189/Asr/2018 Assessment Years: 2014-15

business expediency , the advance was not covered in section 2 (22) (e). 8. Further the reliance is being placed on the judgment of ITAT, Delhi Bench in the case of Saamag Developers Vs ACIT, reported in 90 taxmann.com 20 (Delhi Trib.), in which, it has been held as under:- “Section 2(22) of the Income-tax Act, 1961 - Deemed dividend

SH.RAMESH KUMAR MAHAJAN,JAMMU vs. INCOME TAX OFFICER (TDS), SRINAGAR

In the result, the appeal bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Income Tax Officer (TDS), Srinagar, (in brevity the AO) order passed u/s 206C (1) r.w.s. 6A/7 of the Act date of order 05.05.2016. 2. The assessee has filed an application for condonation of delay of 02 days wherein, assessee has stated that delay was caused during sending the appeal from Srinagar to Amritsar. The delay in filing the appeal