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62 results for “TDS”+ Section 20(3)clear

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Key Topics

Addition to Income51TDS32Section 143(3)30Section 250(6)28Disallowance27Section 4026Section 26317Deduction17Section 145(3)15Section 250

MR RUDER MANI WALIA,JALANDHAR vs. INCOME TAX OFFICER WARD-2 (3), JALANDHAR

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

ITA 257/ASR/2022[2017-18]Status: DisposedITAT Amritsar17 Jul 2023AY 2017-18

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.257/Asr/2022 Assessment Year: 2017-18

Section 10Section 143(1)Section 194DSection 2(14)Section 2(47)Section 250oSection 48

3 Assessment Year: 2017-18 @ 20%. The Life Insurance Corporation of India (in short LIC) had deducted the TDS on the maturity amount u/s 194DA of the Act. The ld. AO rejected the assessee’s claim and added back the entire amount of Rs.47,40,561/- as total income of the assessee. The ld. AO in processing of return rejected

Showing 1–20 of 62 · Page 1 of 4

14
Section 153A14
Section 14713

INCOME TAX OFFICER WARD-1 , HOSHIAPUR vs. SHRI HARPINDER SINGH GILL , HOSHIARPUR

In the result, the appeal of the Revenue is dismissed

ITA 163/ASR/2023[2017-18]Status: DisposedITAT Amritsar27 Jul 2023AY 2017-18

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

For Appellant: None (Written submission)For Respondent: Sh. S. M. Surendranath, Sr. DR
Section 96

TDS, and Large Increase in capital. 4 ITO v. Harpinder Singh Gill Being not satisfied with the reply of the assessee, the Assessment for the A.Y. 2018-19 was completed by the AO on 30.12.2019 at total income of Rs. 3,05,77,966/-. 4. The assesse being aggrieved with the Assessment Order, went in appeal before

SHRI RANJEET SINGH,BATHINDA vs. INCOME TAX OFFICER WARD-1 (1), BATHINDA

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

ITA 91/ASR/2023[2016-17]Status: DisposedITAT Amritsar30 Aug 2023AY 2016-17

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

For Appellant: Sh. Sudhir Sehgal Adv. &For Respondent: Sh. Digvijai Chaudhary, Sr. DR
Section 96

20. Respectfully following the decision in the matter of Sh. Krishna Kumar Sharma, we are left with no other option but to dismiss the appeal of the assessee.” 7. The CIT (A) also relied on the Hon’ble ITAT Agra Bench in the case of Krishna Kumar Sharma v. DCIT, Mathura in ITA No. 173/Agra/2019 dated 10.03.20121 where relevant paras

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3, AMRITSAR vs. M/S SURJIT SINGH AND CO, AMRITSAR

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

ITA 16/ASR/2018[2014-15]Status: DisposedITAT Amritsar31 Jan 2023AY 2014-15

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

Section 40A(3)

section 40A(3) of the Income Tax to the extent of Rs. 1,02,52,935/- on account of claim of payment of site charges/labour charges and, therefore, not allowable as deduction. 3. Appellant craves leave to add, amend or alter any ground of appeal.” 4. Briefly the facts are that the assessee is a civil contractor engaged in constructing

NARINDER AND COMPANY,JALANDHAR vs. INCOME TAX OFFICER WARD-3(5), JALANDHAR

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

ITA 93/ASR/2022[2017-18]Status: DisposedITAT Amritsar10 Oct 2022AY 2017-18

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

For Appellant: Sh. Rohit Kapoor, C.A. and Sh. V.S. AggarwalFor Respondent: Sh. Rohit Sharma, CIT DR
Section 143(3)Section 263Section 263(1)Section 263p

3(5). The copy of the notice and return relied upon by the AR is placed at page no. 19-20 and 292 of the paper 7.2 On the other hand the ld. DR mentioned that the explanation of the assessee was accepted by the AO without making any verification and independent enquiry in this regard. So, the entire order

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

ITA 33/ASR/2023[2015-16]Status: DisposedITAT Amritsar30 May 2023AY 2015-16

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

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

TDS amount and ultimately there was a refund due to assessee was a bona fide one and such bona fide belief was to be treated as reasonable cause for not furnishing return before end of assessment year - Held, yes - Whether, therefore, penalty imposed upon assessee was liable to be cancelled - Held, yes 11. Without prejudice to the aforesaid, the penalty

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

ITA 32/ASR/2023[2014-15]Status: DisposedITAT Amritsar30 May 2023AY 2014-15

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

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

TDS amount and ultimately there was a refund due to assessee was a bona fide one and such bona fide belief was to be treated as reasonable cause for not furnishing return before end of assessment year - Held, yes - Whether, therefore, penalty imposed upon assessee was liable to be cancelled - Held, yes 11. Without prejudice to the aforesaid, the penalty

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

ITA 31/ASR/2023[2014-15]Status: DisposedITAT Amritsar30 May 2023AY 2014-15

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

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

TDS amount and ultimately there was a refund due to assessee was a bona fide one and such bona fide belief was to be treated as reasonable cause for not furnishing return before end of assessment year - Held, yes - Whether, therefore, penalty imposed upon assessee was liable to be cancelled - Held, yes 11. Without prejudice to the aforesaid, the penalty

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

ITA 34/ASR/2023[2015-16]Status: DisposedITAT Amritsar30 May 2023AY 2015-16

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

Section 139(1)Section 144Section 147Section 151Section 250(6)Section 271(1)(b)

TDS amount and ultimately there was a refund due to assessee was a bona fide one and such bona fide belief was to be treated as reasonable cause for not furnishing return before end of assessment year - Held, yes - Whether, therefore, penalty imposed upon assessee was liable to be cancelled - Held, yes 11. Without prejudice to the aforesaid, the penalty

SHRI VIJAY KUMAR GROVER ,SRINAGAR vs. INCOME TAX OFFICER, WARD 3(3), SRINAGAR

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

ITA 276/ASR/2018[2013-14]Status: DisposedITAT Amritsar16 Jun 2022AY 2013-14

Bench: Sh. Kul Bharat

For Appellant: None (Written submission)For Respondent: Sh. Manpreet Singh Duggal, Sr, DR
Section 143(3)

TDS wherever applicable has been adequately deducted. 5. The appellant craves leave to add, alter, modify or modify the grounds of appeal.” 3. The facts giving rise to the present appeal are that the case of the assessee was selected for scrutiny assessment and the assessment u/s 143(3) of the Income Tax Act, 1961 ‘hereinafter referred

MEASAGE.TAU AGRO SALES PRIVATE LIMITED,FARIDKOT vs. INCOME TAX OFFICER WARD-3(4), FARIDKOT

In the result the ground no

ITA 325/ASR/2019[2015-16]Status: DisposedITAT Amritsar22 Sept 2022AY 2015-16

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

Section 143(3)Section 250Section 36Section 36(1)(iii)Section 40A(3)

section 194C of the Act as considered by Division Bench of this Court in the case of CIT (TDS) v. United Rice Land Ltd.[2010] 322 ITR 594 1. A further finding of fact is that the freight payment is Rs. 1,72,723 and none of the individual payment exceeded Rs. 20,000. It was also not disputed that

MEASAGE TAU AGRO SALES PRIVATE LIMITED,FARIDKOT vs. INCOME TAX OFFICER WARD-3(2), FEROZEPUR

In the result the ground no

ITA 324/ASR/2019[2014-15]Status: DisposedITAT Amritsar22 Sept 2022AY 2014-15

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

Section 143(3)Section 250Section 36Section 36(1)(iii)Section 40A(3)

section 194C of the Act as considered by Division Bench of this Court in the case of CIT (TDS) v. United Rice Land Ltd.[2010] 322 ITR 594 1. A further finding of fact is that the freight payment is Rs. 1,72,723 and none of the individual payment exceeded Rs. 20,000. It was also not disputed that

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

In the result, the ground No

ITA 296/ASR/2014[2005-06]Status: DisposedITAT Amritsar26 Sept 2022AY 2005-06

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

Section 143(3)Section 14A(3)Section 250(6)Section 36Section 40

20,52,74,000/- and net profit as per Profit and Loss A/c was declared amount to Rs.10,55,09,82,000/-. The assessing authority had added back in different heads related u/s 40(a) (ia) for non-deduction TDS, interest paid to JDA (J & K Development Authority). for non-deduction of TDS disallowance u/s 40(a)(ia) amount

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

In the result, the ground No

ITA 297/ASR/2014[2006-07]Status: DisposedITAT Amritsar26 Sept 2022AY 2006-07

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

Section 143(3)Section 14A(3)Section 250(6)Section 36Section 40

20,52,74,000/- and net profit as per Profit and Loss A/c was declared amount to Rs.10,55,09,82,000/-. The assessing authority had added back in different heads related u/s 40(a) (ia) for non-deduction TDS, interest paid to JDA (J & K Development Authority). for non-deduction of TDS disallowance u/s 40(a)(ia) amount

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

In the result, the ground No

ITA 637/ASR/2017[2012-13]Status: DisposedITAT Amritsar26 Sept 2022AY 2012-13

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

Section 143(3)Section 14A(3)Section 250(6)Section 36Section 40

20,52,74,000/- and net profit as per Profit and Loss A/c was declared amount to Rs.10,55,09,82,000/-. The assessing authority had added back in different heads related u/s 40(a) (ia) for non-deduction TDS, interest paid to JDA (J & K Development Authority). for non-deduction of TDS disallowance u/s 40(a)(ia) amount

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

In the result, the ground No

ITA 790/ASR/2017[2013-14]Status: DisposedITAT Amritsar26 Sept 2022AY 2013-14

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

Section 143(3)Section 14A(3)Section 250(6)Section 36Section 40

20,52,74,000/- and net profit as per Profit and Loss A/c was declared amount to Rs.10,55,09,82,000/-. The assessing authority had added back in different heads related u/s 40(a) (ia) for non-deduction TDS, interest paid to JDA (J & K Development Authority). for non-deduction of TDS disallowance u/s 40(a)(ia) amount

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

In the result, the ground No

ITA 319/ASR/2018[2014-15]Status: DisposedITAT Amritsar26 Sept 2022AY 2014-15

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

Section 143(3)Section 14A(3)Section 250(6)Section 36Section 40

20,52,74,000/- and net profit as per Profit and Loss A/c was declared amount to Rs.10,55,09,82,000/-. The assessing authority had added back in different heads related u/s 40(a) (ia) for non-deduction TDS, interest paid to JDA (J & K Development Authority). for non-deduction of TDS disallowance u/s 40(a)(ia) amount

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

In the result, the ground No

ITA 320/ASR/2018[2015-16]Status: DisposedITAT Amritsar26 Sept 2022AY 2015-16

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

Section 143(3)Section 14A(3)Section 250(6)Section 36Section 40

20,52,74,000/- and net profit as per Profit and Loss A/c was declared amount to Rs.10,55,09,82,000/-. The assessing authority had added back in different heads related u/s 40(a) (ia) for non-deduction TDS, interest paid to JDA (J & K Development Authority). for non-deduction of TDS disallowance u/s 40(a)(ia) amount

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

In the result, the ground No

ITA 330/ASR/2018[2015-16]Status: DisposedITAT Amritsar26 Sept 2022AY 2015-16

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

Section 143(3)Section 14A(3)Section 250(6)Section 36Section 40

20,52,74,000/- and net profit as per Profit and Loss A/c was declared amount to Rs.10,55,09,82,000/-. The assessing authority had added back in different heads related u/s 40(a) (ia) for non-deduction TDS, interest paid to JDA (J & K Development Authority). for non-deduction of TDS disallowance u/s 40(a)(ia) amount

SH. GURJINDER SINGH,AMRITSAR vs. PR. COMMISSIONER OF INCOME TAX -1, AMRITSAR

In the result, appeal of the assessee is allowed

ITA 185/ASR/2019[2014-15]Status: DisposedITAT Amritsar30 Mar 2023AY 2014-15

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

For Appellant: Sh. Ashwani Kalia, CAFor Respondent: Smt. Balwinder Kaur, CIT DR
Section 194CSection 263

TDS and for this reason tax was not deducted at source. Complete detail of freight payment in the two units is enclosed for your ready reference. The Explanation 2 to Section 263 reads as under:- “For the purpose of section 263 of Income Tax Act an order passed by the AO shall be deemed to be erroneous