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18 results for “TDS”+ Section 90(2)clear

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Key Topics

Section 201(1)15Section 143(3)12Addition to Income12TDS10Section 40A(2)(b)8Section 2507Deduction7Section 194H6Section 686Section 147

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

ITA 189/ASR/2018[2014-15]Status: DisposedITAT Amritsar11 Jul 2023AY 2014-15

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

Section 143(3)Section 2(22)(e)Section 250

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 (Loans or advances to shareholders) - Assessment year 2008- 09 - Whether where Commissioner(Appeals) made addition to assessee's income under section 2(22)(e) in respect of amounts received from various group companies, in view

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

5
Disallowance5
Section 2(22)(e)4
ITA 513/ASR/2019[2016-17]Status: DisposedITAT Amritsar11 Jul 2023AY 2016-17

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

Section 143(3)Section 2(22)(e)Section 250

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 (Loans or advances to shareholders) - Assessment year 2008- 09 - Whether where Commissioner(Appeals) made addition to assessee's income under section 2(22)(e) in respect of amounts received from various group companies, in view

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: DisposedITAT Amritsar16 Aug 2021AY 2014-15

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

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

Section 40A(2). 3. Feeling aggrieved by the Order passed by the Assessing Officer, the assessee preferred the appeal before the CIT Appeal. The CIT Appeal vide impugned order dated 30.11.2016 for the assessment year 2013-14 and Order dated 29.01.2018 for the assessment year 2014-15 have partly granted the relief and have confirmed the disallowance at the rate

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)

Section 40A(2). 3. Feeling aggrieved by the Order passed by the Assessing Officer, the assessee preferred the appeal before the CIT Appeal. The CIT Appeal vide impugned order dated 30.11.2016 for the assessment year 2013-14 and Order dated 29.01.2018 for the assessment year 2014-15 have partly granted the relief and have confirmed the disallowance at the rate

SHRI KEWAL KRISHAN,FEROZEPUR vs. INCOME TAX OFFICER, WARD, ZIRA

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

ITA 541/ASR/2019[2016-17]Status: DisposedITAT Amritsar11 Aug 2022AY 2016-17

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

For Appellant: Sh. Kuldip Singh Sra, CAFor Respondent: Sh. Manpreet Singh Duggal, Sr. DR
Section 10(37)Section 143(3)Section 23Section 28(2)Section 3ASection 3A(1)Section 56Section 56(2)Section 57

TDS of Rs.4,07,893/- was effected on the said amount @ 20%+3% CESS. 8. In terms of the provisions of sub section (iv) of section 57, read with sub- clause (viii) of section 56(2) of the Income Tax Act, 1961, the taxability of 50% of such interest cannot be escaped by the appellant. The action

M/S EMBROCIA FARMS PVT LTD. ,PATHANKOT vs. D.C.I.T, CIRCLE-6,, PATHANKOT

In the result, the assessee’s appeal is (in ITA No

ITA 284/ASR/2017[2006-07]Status: DisposedITAT Amritsar13 May 2019AY 2006-07

Bench: Sh. Sanjay Arorai.T.A. Nos. 561/Asr/2018 & 284/Asr/2017 Assessment Year: 2006-07

For Appellant: Sh. Tarsem Lal, AdvFor Respondent: Sh. Charan Dass, Sr. D.R
Section 143(3)Section 154Section 250Section 271(1)(c)Section 50C

90,272/-, subject to the finding that the AO may ensure that for working out short term capital gain, set off of WDV of all and (AY 2006-07) Embrocia Farms Pvt. Ltd. v. Dy CIT entire Plant & machinery, building, etc. should be given instead of only of feed unit as poultry (unit) and feed units were part of same

MESERS EMBROCIA FARMS PVT LTD,PATHANKOT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, PATHANKOT

In the result, the assessee’s appeal is (in ITA No

ITA 561/ASR/2018[2006-07]Status: DisposedITAT Amritsar13 May 2019AY 2006-07

Bench: Sh. Sanjay Arorai.T.A. Nos. 561/Asr/2018 & 284/Asr/2017 Assessment Year: 2006-07

For Appellant: Sh. Tarsem Lal, AdvFor Respondent: Sh. Charan Dass, Sr. D.R
Section 143(3)Section 154Section 250Section 271(1)(c)Section 50C

90,272/-, subject to the finding that the AO may ensure that for working out short term capital gain, set off of WDV of all and (AY 2006-07) Embrocia Farms Pvt. Ltd. v. Dy CIT entire Plant & machinery, building, etc. should be given instead of only of feed unit as poultry (unit) and feed units were part of same

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. The violation of section 40(a)(ia) will not be accepted. Considering this the ground no. (i) of the revenue&additional ground no-1 of assesseearedismissed and additional ground no. 2 of the assessee is allowed. I.T.A.No. 542/Asr/2017 7 & C.O. No.30/Asr/2017 Ground No. (ii) of Revenue for non-deduction of tax on Advertisement Expenses:- 6. In assessment

JAGTAR SINGH BRAR PROP. JAGTAR SINGH SADHU SINGH,BAGAPURANA vs. INCOME TAX OFFICER, WARD 3, MOGA, MOGA

In the result, the penalty imposed u/s 271(1) (c) amounting to Rs

ITA 70/ASR/2025[2015-16]Status: DisposedITAT Amritsar18 Nov 2025AY 2015-16

Bench: Sh. Udayan Dasgupta & Sh. Khettra Mohan Roy

For Appellant: Sh. Abhinav Vijh, C.A
Section 133(6)Section 145(3)Section 250Section 271(1)Section 271(1)(c)Section 44A

2. Brief facts emerging are that the assessee is a transport contractor under FCI (Food Corporation of India)engaged in the business of providing goods carriage (trucks)for transportation of food grains from their godowns, as per requirement of FCI (the contractee in this case). 3. For the year under appeal return of income was filed disclosing gross transport contract

ITFAQ EDUCATIONAL TRUST,BARAMULA vs. INCOME TAX OFFICER ( EXEMPTIONS), JAMMU

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

ITA 98/ASR/2023[2018-19]Status: DisposedITAT Amritsar07 Jun 2023AY 2018-19

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

Section 143(3)Section 263

2 of section 263 of the Act here which provides that an order shall be deemed to be erroneous if, in the opinion of the Pr. CIT/CIT “the order is passed without making inquiries or verification which should have been made”. 4.2.3 The words “which should have been made” in clause (a) are very subjective and even

MEASAGE POOJA FLOOR MILLS,AMRITSAR vs. INCOME TAX OFFICER WARD- TDS, AMRITSAR

ITA 370/ASR/2019[2014-15]Status: DisposedITAT Amritsar30 Jun 2020AY 2014-15

Bench: Shri L. P. Sahu & Shri Ravish Sood

For Appellant: Shri P.N. Arora, Advocate (A.R)For Respondent: Shri Charan Dass,(D.R.)
Section 133A(1)Section 194HSection 201(1)

2. 2013-14 7,53,933/- 75,393/- 27,137/- 1,02,530/- 3. 2014-15 7,53,933/- 75,393/- 18,097/- 93,490/- 3. Aggrieved, the assessee assailed the order passed by the ITO(TDS) before the CIT(A). However, the CIT(A) did not find favour with the contentions advanced by the assessee and upheld the order

MEASAGE POOJA FLOOR MILLS ,AMRITSAR vs. INCOME TAX OFFICER WARD- TDS , AMRITSAR

ITA 369/ASR/2019[2013-14]Status: DisposedITAT Amritsar30 Jun 2020AY 2013-14

Bench: Shri L. P. Sahu & Shri Ravish Sood

For Appellant: Shri P.N. Arora, Advocate (A.R)For Respondent: Shri Charan Dass,(D.R.)
Section 133A(1)Section 194HSection 201(1)

2. 2013-14 7,53,933/- 75,393/- 27,137/- 1,02,530/- 3. 2014-15 7,53,933/- 75,393/- 18,097/- 93,490/- 3. Aggrieved, the assessee assailed the order passed by the ITO(TDS) before the CIT(A). However, the CIT(A) did not find favour with the contentions advanced by the assessee and upheld the order

MEASAGE POOJA FLOOR MILLS ,AMRITSAR vs. INCOME TAX OFFICER (TDS), AMRITSAR

ITA 371/ASR/2019[2015-16]Status: DisposedITAT Amritsar30 Jun 2020AY 2015-16

Bench: Shri L. P. Sahu & Shri Ravish Sood

For Appellant: Shri P.N. Arora, Advocate (A.R)For Respondent: Shri Charan Dass,(D.R.)
Section 133A(1)Section 194HSection 201(1)

2. 2013-14 7,53,933/- 75,393/- 27,137/- 1,02,530/- 3. 2014-15 7,53,933/- 75,393/- 18,097/- 93,490/- 3. Aggrieved, the assessee assailed the order passed by the ITO(TDS) before the CIT(A). However, the CIT(A) did not find favour with the contentions advanced by the assessee and upheld the order

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

ITA 347/ASR/2024[2015-16]Status: DisposedITAT Amritsar30 Oct 2025AY 2015-16

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

For Appellant: Sh. Ashray Sarna, C. A
Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

TDS benefit to be given did not lead to escapement of income Mere fact that matters need to be verified and examined further could never be reason good enough to believe that income had escaped assessment and re- open assessment proceedings was bad in law-Assessee's Appeals allowed. b. Commissioner of Income Tax v/s Batra Bhatta Company, High Court

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

ITA 346/ASR/2024[2014-15]Status: DisposedITAT Amritsar30 Oct 2025AY 2014-15

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

For Appellant: Sh. Ashray Sarna, C. A
Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

TDS benefit to be given did not lead to escapement of income Mere fact that matters need to be verified and examined further could never be reason good enough to believe that income had escaped assessment and re- open assessment proceedings was bad in law-Assessee's Appeals allowed. b. Commissioner of Income Tax v/s Batra Bhatta Company, High Court

SHRI ARSHAD MOHD MALIK,JAMMU vs. INMCVOME TAX OFFICER WARD 2 (4), UDHAMPUR

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

ITA 168/ASR/2020[2014-15]Status: DisposedITAT Amritsar22 Mar 2023AY 2014-15

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

Section 143(3)Section 250(6)Section 69CSection 80C

TDS return of Department. And the department had filed the correction return during the Assessment proceedings . Further in reply dated 22.12.2016 copy of the Acknowledgement of the revised return of the PMGSY div. Ramban was also furnished. The changes in I.T.A. No.168/Asr/2020 3 Assessment Year: 2014-15 Form 26 AS were effected by the PMGSY Department before the Assessment order

MEASAGE BHAI INDUSTRIES PRIVATE LIMITED,MOGA vs. INCOME TAX OFFICER WARD-1, MOGA

Appeal of the assessee is allowed

ITA 358/ASR/2019[2011-12]Status: DisposedITAT Amritsar11 Aug 2022AY 2011-12

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

For Appellant: Sh. Sudhir SehgalFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 143(1)Section 147Section 148Section 44A

TDS and had duly deposited it as required. From the perusal of record it can be Very well worked out that there was actual movement of goods and that our client had actually production purchased the goods / wheat, which he had used for its The detail of all the purchases is as under: S. Bill Dated Amount Goods Vehicle

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3, AMRITSAR vs. SHRIMATI RAJ RANI ARORA, AMRITSAR

In the result, the appeal of the department is dismissed

ITA 10/ASR/2020[2014-15]Status: DisposedITAT Amritsar16 Jun 2023AY 2014-15

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

TDS returns filed by the assessee showing the amount of tax deducted at source on interest paid to the loan creditors. This also proves the genuineness of the loan advanced by Sh. Amandeep Singh to the appellant in the year under consideration. Moreover, the identity of Sh. Amandeep Singh is established as he attended before