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10 results for “TDS”+ Section 40A(9)clear

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Key Topics

Addition to Income10Disallowance9Section 40A(2)(b)8Section 40A(3)7Section 143(3)6TDS6Section 405Section 40A(2)4Deduction4Section 43D

BRIGHT ENTERPRISES PVT. LTD,JALANDHAR vs. THE DY COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, both the Appeals are partly allowed

ITA 65/ASR/2017[2013-14]Status: DisposedITAT Amritsar16 Aug 2021AY 2013-14

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 145Section 40A(2)Section 40A(2)(b)

TDS has been duly deducted and deposited with the Government and Service Tax has been duly charged by them on the invoices and the same have been paid on timely basis. As per AR the profile of the employees of M/s Oxbridge International Pvt LTd and their existence has not been doubted, the nature of assistance offered and the services

MESERS BRIGHT ENTERPRISES PVT.LTD,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, JALANDHAR

In the result, both the Appeals are partly allowed

ITA 169/ASR/2018[2014-15]Status: Disposed
3
Section 194H3
Depreciation3
ITAT Amritsar
16 Aug 2021
AY 2014-15

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 145Section 40A(2)Section 40A(2)(b)

TDS has been duly deducted and deposited with the Government and Service Tax has been duly charged by them on the invoices and the same have been paid on timely basis. As per AR the profile of the employees of M/s Oxbridge International Pvt LTd and their existence has not been doubted, the nature of assistance offered and the services

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)

9. From the record, it is evident that the AO’s has rejected the books of account of the appellant u/s 145(3), and therefore, the disallowances u/s 40A(3) becomes redundant. Further, the disallowances u/s 40A(3) and section 69C for the same amount of expenditure is contradictory to itself as per the mandate. In the present case

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

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

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-IV,, PATHANKOT vs. THE GURDASPUR CENTRAL CO. OPBANK LTD, GURDASPUR

In the result, the ground no

ITA 542/ASR/2017[2013-14]Status: DisposedITAT Amritsar31 Jan 2023AY 2013-14

Bench: Dr. M. L. Meenaandsh. Anikesh Banerjee

Section 143(3)Section 250(6)Section 40Section 43D

TDS are not attracted on the supply of pamphlets, banners and other stationery items to the assessee as the same does not fall in the definition of “work” by virtue of sub clause (e) of clause (iv) of the explanation of section 194C. The disallowance of Rs 34,90,828/- u/s 40a(ia) is therefore deleted.” The ld. Counsel further

DE vs. ON PRIVATE LIMITED,JAMMUVS.ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2, JAMMU

In the result, both the appeals are dismissed

ITA 204/ASR/2019[2014-15]Status: DisposedITAT Amritsar22 Sept 2022AY 2014-15

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

For Appellant: Sh. Vijay Dewan, AdvFor Respondent: Sh. Ghansham Sharma, Sr. DR

40A(2) whereas in the present case, the issue is claim of payment of sales commission against sales incentives paid as part of salary package to the employees of the assessee company without deducting TDS. 8. Similarly, the judgement given by Hon’ble Apex Court in the case of Devson Pvt. Ltd. v. Asstt./Dy.CIT “S.A Builders

DE vs. ON PRIVATE LIMITED,JAMMUVS.DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2, JAMMU

In the result, both the appeals are dismissed

ITA 549/ASR/2019[2013-14]Status: DisposedITAT Amritsar22 Sept 2022AY 2013-14

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

For Appellant: Sh. Vijay Dewan, AdvFor Respondent: Sh. Ghansham Sharma, Sr. DR

40A(2) whereas in the present case, the issue is claim of payment of sales commission against sales incentives paid as part of salary package to the employees of the assessee company without deducting TDS. 8. Similarly, the judgement given by Hon’ble Apex Court in the case of Devson Pvt. Ltd. v. Asstt./Dy.CIT “S.A Builders

SH. SADA RAM CHAWLA,TARN TARAN vs. INCOME TAX OFFICER, WARD-2(2), TARNTARAN

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

ITA 479/ASR/2017[2012-13]Status: DisposedITAT Amritsar24 Dec 2021AY 2012-13

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

For Appellant: Sh. Nipun Khanna, CAFor Respondent: Shri Rohit Mehra, D.R
Section 143(3)Section 194HSection 40a

section 194H and since no tax was deducted by disallowing the same u/s. 40a(ia) whereas the Appellant is not having any payer and payee relationship with the retailers as retailers are not providing any services to the company and not to the appellant. The Appellant is only transferring/redistributing money received from Reliance as per their directions 3. That

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

ITA 584/ASR/2017[2010-11]Status: DisposedITAT Amritsar25 Feb 2022AY 2010-11

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

For Appellant: NoneFor Respondent: Sh. Trilochan Singh PS Khalsa, Sr DR
Section 40

40a(ia)." Assessee filed written reply dated 06.11.2012, which is reproduced as under:- "These parties had reported that they had got exemption certificate for TDS and thus, TDS was not deducted". However, no TDS exemption certificate in respect of M/s Orient Marine Lines Pvt Ltd was produced. Therefore, assessee's A.R. was again given an opportunity to furnish his explanation