THE ASSTT. COMMISSIONER OF INCOME-TAX, SRINAGAR vs. M/S. J&K PROJECT CONSTRUCTION, SRINAGAR

In the result, as I am in concurrence with conclusion and reasoning given in rest part of the order dated 12

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. Nos. 100 & 101/Asr/2014 Assessment Years: 2007-08 & 2009-10

139(1), stands inserted by Finance Act, 2010 w.e.f. AY 2010-11, so that the said amendment, invoked by the ld. CIT(A) without specifically referring thereto, would not obtain for the relevant years. (AYs 2007-08 & 2009-10) Jammu and Kashmir Projects Construction Corporation Ltd. v. AO 6. We have heard the parties, and perused the material on record

M/S. JAMMU & KASHMIR PROJECTS CONSTRUCTION,JAMMU vs. THE ASSESSING OFFICER,, SRINAGAR

In the result, as I am in concurrence with conclusion and reasoning given in rest part of the order dated 12

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. Nos. 100 & 101/Asr/2014 Assessment Years: 2007-08 & 2009-10

139(1), stands inserted by Finance Act, 2010 w.e.f. AY 2010-11, so that the said amendment, invoked by the ld. CIT(A) without specifically referring thereto, would not obtain for the relevant years. (AYs 2007-08 & 2009-10) Jammu and Kashmir Projects Construction Corporation Ltd. v. AO 6. We have heard the parties, and perused the material on record

SHRI CHANDAN BHARDWAJ,TARN TARAN vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-1, AMRITSAR

Bench: Dr. M. L. Meena & Sh. Ravish Sood

TDS has been deducted thereon. The AO has also not considered the fact that the assessee has voluntarily revised the computation of income before the assessment was finalized and likewise CIT(A) is not justified while confirming the same. 5. That no penalty notice dated 10/03/2017 has been served upon the appellant and as such penalty imposed

SH. JINDER PAL,AMRITSAR vs. INCOME TAX OFFICER, WARD - 4(2), AMRITSAR

Bench: Dr. M. L. Meena & Sh. Ravish Sood

TDS has been deducted thereon. The AO has also not considered the fact that the assessee has voluntarily revised the computation of income before the assessment was finalized and likewise CIT(A) is not justified while confirming the same. 5. That no penalty notice dated 10/03/2017 has been served upon the appellant and as such penalty imposed

THE DY. COMMISSIONER INCOME-TAX, JAMMU vs. M/S. THE JAMMU & KASHMIR BANK LTD,, SRINAGAR

The appeals are dismissed

Bench: Sh. T. S. Kapoor & Sh. N. K. Choudhryi.T.A. No. 298/(Asr)/2014 Assessment Year: 2009-10 Pan: Aaact6167G Dy. C. I. T., Vs. M/S. The Jammu & Kashmir Circle-1, 2Nd Floor Aayakar Bank Ltd., Corporate Head Bhawan, Railhead Complex, Quarters, M. A. Road, Jammu. Srinagar. (Appellant) (Respondent)

139. This section 40(a)(ia) of the Act refers only to the duty to deduct tax and pay to government account. If there is any shortfall due to any difference of opinion as to the taxability of any item or the nature of payments falling under various TDS provisions, the assessee can be declared to be an assessee

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

Section 139 (5) of the Act was filed before the Assessing Officer. We answer both the question Nos. 1 and 2 in negative and in favour of assessee”. Ground No. 3 9. Ground No. 3, not pressed. Ground Nos. 4 & 5 I.T.A. No.193/Asr/2022 32 Assessment Year: 2018-19 10. The ld. AR argued that the assessee paidcommission during financial year

M/S MANAGING COMMITTEE SWAMI PREMANAND MAHAVIDALYA,HOSHIARPUR vs. COMMISSIONER OF INCOME TAX (EXEMPTION),, CHANDIGARH

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

TDS provisions or not? . xv. Provide the copy of financial statements for the last three financial years i.e. from F.Y. 2013-14 t0 F.Y. 2015-16. xvi. The note on activities of the society. xvii.Taxability in the case along with full ITR with computation for A.Y. 2014-15 t0 2016-17. xviii. Explanation of the nature of various funds reflected

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMMU, SRINAGAR vs. MESERS JAMMU & KASHMIR BANK LIMITED , SRINAGAR

In the result, the ground No

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

9. The primary basis whereby the apex Court had concluded services to be falling under s. 194J of the Act to be technical services that whether any human intervention was involved in the activity or not. The apex Court observed that wherever there was human intervention requiring examination of technical data, the same would fall within the definition of technical

ASSISTANT COMMISIONER OF INCOME TAX , CIRCLE-1, JAMMU vs. MESERS JAMMU & KASHMIR BANK LIMITED , SRINAGAR

In the result, the ground No

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

9. The primary basis whereby the apex Court had concluded services to be falling under s. 194J of the Act to be technical services that whether any human intervention was involved in the activity or not. The apex Court observed that wherever there was human intervention requiring examination of technical data, the same would fall within the definition of technical

ASSISTANT COMMISSIONER OF INCOME -TAX , CIRCLE -1,, JAMMU vs. THE JAMMU & KASHMIR BANK LTD.,, SRINAGAR

In the result, the ground No

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

9. The primary basis whereby the apex Court had concluded services to be falling under s. 194J of the Act to be technical services that whether any human intervention was involved in the activity or not. The apex Court observed that wherever there was human intervention requiring examination of technical data, the same would fall within the definition of technical

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMMU vs. MESERS JAMMU & KASHMIR BANK LIMITED , SRINAGAR

In the result, the ground No

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

9. The primary basis whereby the apex Court had concluded services to be falling under s. 194J of the Act to be technical services that whether any human intervention was involved in the activity or not. The apex Court observed that wherever there was human intervention requiring examination of technical data, the same would fall within the definition of technical

THE DY. COMMISSIONER INCOME-TAX, JAMMU vs. M/S. THE JAMMU & KASHMIR BANK LTD,, SRINAGAR

In the result, the ground No

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

9. The primary basis whereby the apex Court had concluded services to be falling under s. 194J of the Act to be technical services that whether any human intervention was involved in the activity or not. The apex Court observed that wherever there was human intervention requiring examination of technical data, the same would fall within the definition of technical

THE JAMMU AND KASHMIR BANK LIMITED,SRINAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMMU

In the result, the ground No

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

9. The primary basis whereby the apex Court had concluded services to be falling under s. 194J of the Act to be technical services that whether any human intervention was involved in the activity or not. The apex Court observed that wherever there was human intervention requiring examination of technical data, the same would fall within the definition of technical

THE DY. COMMISSIONER INCOME-TAX, JAMMU vs. M/S. THE JAMMU & KASHMIR BANK LTD,, SRINAGAR

In the result, the ground No

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

9. The primary basis whereby the apex Court had concluded services to be falling under s. 194J of the Act to be technical services that whether any human intervention was involved in the activity or not. The apex Court observed that wherever there was human intervention requiring examination of technical data, the same would fall within the definition of technical

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

139(1) of the Act. 3. That the proposal for revision of assessment, order dated 26.12.2018 was submitted by the erstwhile Income Tax Officer, Ward 3 I.T.A. No. 102/Asr/2022 Satvir Kaur v. Pr. CIT 3(5), Zira through the erstwhile Additional Commissioner of Income Tax. Range 3, Ferozepur. On perusal of the proposal and the assessment record

SPARROW SECURITY SERVICES ,JAMMU vs. INCOME TAX OFFICER WARD 1(1), JAMMU

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

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

9 Assessment Year: 2018-19 3.2 The ld. AR placed that the employer contribution is related to section 43B which is covered by theCBDTCircular No. 22/2015 dated 17.12.2015. The employer contribution should be allowed if the payment is done before the filing of return u/s 139(1). The extract of the Circular No. is below: “Circular No. 22/2015 F.No.279/Misc

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

9. A perusal of the above provisions of u/s. 271(1)(b) shows that the Parliament has used the words "may" and not "shall", thereby making their intention clear in as much as that levy of Penalty is discretionary and not automatic. The said conclusion is further justified by Section 273B of the Act namely “Penalty not to be imposed

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

9. A perusal of the above provisions of u/s. 271(1)(b) shows that the Parliament has used the words "may" and not "shall", thereby making their intention clear in as much as that levy of Penalty is discretionary and not automatic. The said conclusion is further justified by Section 273B of the Act namely “Penalty not to be imposed