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20 results for “disallowance”+ Section 194C(7)clear

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Key Topics

Section 4046Section 143(3)18Addition to Income18Disallowance17TDS16Deduction14Depreciation10Section 194C9Section 250(6)9Section 36

INCOME-TAX OFFICER, BATHINDA vs. SH. MOHAN LAL, BATHINDA

ITA 170/ASR/2015[2011-12]Status: DisposedITAT Amritsar03 Jan 2018AY 2011-12

Bench: Sh. T. S. Kapoor & Sh. N. K. Choudhryi.T.A. No. 170/(Asr)/2015 Assessment Year: 2011-12 Pan: Aajpl8560B Income Tax Officer, Vs. Sh. Mohan Lal Prop. Ward-1(2), Bathinda. M/S Ramji Dass Bko, Vill. Bhagiwander, Tehsil Talwandi Sabo, Distt. Bathinda. (Appellant) (Respondent)

For Appellant: Sh. S. S. Kanwal (D. R.)For Respondent: Sh. P. N. Arora (Adv.)
Section 133A(1)Section 194CSection 40Section 69C

disallowance on the ground that these represented labour charges for job work of “bharai” and “nikasi” which were disbursed through the appellant’s employee jamadars, Sri Bikkar 6 ITA No. 170(Asr)/2015 Assessment Year: 2011-12 Singh and Sri Charna Singh and that none of these payments to individual workers exceeded Rs. 20,000/- at a time or aggregated

9
Section 14A(3)7
Section 44A6

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

7 & Others appeals The A.O. disallowed under sec. 40(a)(ia) of the Act a sum of Rs. 98441850/- for non- deduction of tax on interest on deposits paid by 5 branches of the appellant bank to Jammu Development Authority. The appellant, in his submission made during the appellate proceedings, has stated that no tax is required to be deducted

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

7 & Others appeals The A.O. disallowed under sec. 40(a)(ia) of the Act a sum of Rs. 98441850/- for non- deduction of tax on interest on deposits paid by 5 branches of the appellant bank to Jammu Development Authority. The appellant, in his submission made during the appellate proceedings, has stated that no tax is required to be deducted

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

7 & Others appeals The A.O. disallowed under sec. 40(a)(ia) of the Act a sum of Rs. 98441850/- for non- deduction of tax on interest on deposits paid by 5 branches of the appellant bank to Jammu Development Authority. The appellant, in his submission made during the appellate proceedings, has stated that no tax is required to be deducted

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

7 & Others appeals The A.O. disallowed under sec. 40(a)(ia) of the Act a sum of Rs. 98441850/- for non- deduction of tax on interest on deposits paid by 5 branches of the appellant bank to Jammu Development Authority. The appellant, in his submission made during the appellate proceedings, has stated that no tax is required to be deducted

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

7 & Others appeals The A.O. disallowed under sec. 40(a)(ia) of the Act a sum of Rs. 98441850/- for non- deduction of tax on interest on deposits paid by 5 branches of the appellant bank to Jammu Development Authority. The appellant, in his submission made during the appellate proceedings, has stated that no tax is required to be deducted

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

7 & Others appeals The A.O. disallowed under sec. 40(a)(ia) of the Act a sum of Rs. 98441850/- for non- deduction of tax on interest on deposits paid by 5 branches of the appellant bank to Jammu Development Authority. The appellant, in his submission made during the appellate proceedings, has stated that no tax is required to be deducted

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

7 & Others appeals The A.O. disallowed under sec. 40(a)(ia) of the Act a sum of Rs. 98441850/- for non- deduction of tax on interest on deposits paid by 5 branches of the appellant bank to Jammu Development Authority. The appellant, in his submission made during the appellate proceedings, has stated that no tax is required to be deducted

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

194C, however the observation of the ld AO is as follows: “7. Disallowance u/s 40(a)(ia): 7.1 The assessee has made payment of Rs.28,565/- and Rs.2,04,867 under the head "clearing & forwarding charges" to M/s Orient Marine Lines Pvt Ltd. As per provisions of section

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

disallowance of Rs 34,90,828/- u/s 40a(ia) is therefore deleted.” The ld. Counsel further in argument invited our attention inCBDTCircular 6.1 No. 13/2006 dated 13.12.2006. The relevant para is extracted as below:- “3. It is, therefore, clarified that the provisions of section 194C would apply in respect of a contract for supply of any article or thing

M/S. ANAND TEXTILES ,PATHANKOT vs. INCOME TAX OFFICER WARD- 4 (1), AMRITSAR

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

ITA 674/ASR/2019[2008-09]Status: DisposedITAT Amritsar19 Dec 2019AY 2008-09

Bench: Sh. N. K. Choudhry & Sh. O. P. Meenai.T.A. No. 674/Asr/2019 Assessment Year: 2008-09

For Appellant: Sh. Parveen Jain (Adv.)For Respondent: Smt. Raman Damathia (DR)
Section 145(3)Section 194CSection 40

7. Per contra the Ld. DR relied on the orders of lower authorities. 8. We have heard the rival submissions and find that hence the books of account are rejected then no other addition is required to be made, therefore above disallowance of Rs.3,24,775/- made by the AO on account of fabrication expenses is accordingly deleted. 9. Ground

FIRST INTERNATIONAL BUSINESS LTD.,JALANDHAR vs. INCOME TAX OFFICER, JALANDHAR

In the result, the appeal of the assessee ITA No

ITA 46/ASR/2023[2012-13]Status: HeardITAT Amritsar20 Sept 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.46/Asr/2023 Assessment Year: 2012-13

Section 143(3)Section 154Section 154oSection 194CSection 250Section 40

disallowance of Rs. 10,07,935/- made by the Ld. AO. 4. That the appellant craves leave to amend, alter or add to the above grounds of appeal, before the appeal is heard or disposed off.” 3. When the appeal was called for hearing, no one appeared on behalf of assessee to represent his case. There is no application

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)

disallowed under section 40A(3). The ld. Counsel argued & placed the fact that assessee having factory in remote area in village Bholuwal, where no banking facility is available. In additional evidence the assessee has filed Certificate of Panchayat with English version & Affidavit of director of company which are enclosed as Page 31-33 of Paper book. By the additional evidence

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)

disallowed under section 40A(3). The ld. Counsel argued & placed the fact that assessee having factory in remote area in village Bholuwal, where no banking facility is available. In additional evidence the assessee has filed Certificate of Panchayat with English version & Affidavit of director of company which are enclosed as Page 31-33 of Paper book. By the additional evidence

SHRI SATISH KUMAR. S/O. SH. HANS RAJ ,HOSHIARPUR vs. INCOME TAX OFFICER WARD-4, HOSHIARPUR

In the result, the appeal of the assessee stands allowed

ITA 258/ASR/2019[2014-15]Status: DisposedITAT Amritsar19 Dec 2019AY 2014-15

Bench: Shri N.K. Choudhry & Shri O.P.Meenaआ.अ.संसंसंसं././././I.T.A No.258/Asr/2019 िनधा"रणवष"/A.Y.:2014-15 िनधा"रणवष" िनधा"रणवष" िनधा"रणवष" Shri Satish Kumar S/O Hans Raj, Vs. Principal Commissioner Of B-12, Mch-366/13, Billa Income-Tax-1, Jalandhar House, New Jagatpura, Hoshiarpur Pan: Aawpk 0932 D अपीलाथ" Appellant अपीलाथ" ""यथ"/Respondent ""यथ" अपीलाथ" अपीलाथ" ""यथ" ""यथ"

Section 143Section 143(3)Section 194CSection 263

194C of the Act. However, the perusal of records suggest that there is nothing on record that TDS was deducted on these payments. The Pr.CIT further, observed that the assessee has debited Rs.5,91,030 as court fees paid for civil suit to recover Rs. 2,09,00,000 and Rs.17,53,638 against Kamaldeep Singh and M/s. Gupta Traders

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

The appeals are dismissed

ITA 298/ASR/2014[2009-10]Status: DisposedITAT Amritsar03 Jan 2018AY 2009-10

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)

For Appellant: Sh. S. S. Kanwal (D. R.)For Respondent: Written Submissions
Section 14ASection 40Section 40a

7 are dismissed. Ground no. 8 relates to disallowance u/s 40a(ia) on account of short deduction of TDS. This issue is also covered in favour of assessee in ITA No. 74,76 & 137/Asr/2015. The relevant findings of the Hon'ble Tribunal in its order dated 28.02.2017 are reproduced below: “11. Ground No. 4 pertains to addition u/s.40

MESAGE. NORTHERN TRASFORMERS. INDUSTRIAL ESTATE,SRINAGAR vs. INCOME TAX OFFICER WARD-2, SRINAGAR

In the result, the appeal of the assessee in ITA 329/Asr/2019 is partly

ITA 329/ASR/2019[2007-08]Status: DisposedITAT Amritsar26 Aug 2022AY 2007-08

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

Section 143(3)Section 194CSection 250(6)Section 40

disallowance was made u/s 40(a)(ia) amount to Rs.49,573/-. In support the assessee took the plea that the amount was paid not payable. So the section 40(a)(ia) will not be applicable. The assessee paid the transporter amount of Rs.22,850/- and on date 26.06.2006 and dated 27.02.2007 amount of Rs.22,850/-, accordingly the total amount

SH RACHHPAL SINGH,AMRITSAR. vs. THE INCOME TAX OFFICER, AMRITSAR.

Accordingly, we herein set aside the order of the CIT(A) and direct the Assessing Officer to assess the income of the assessee as offered by him under section 44AD of the Act. The Grounds of appeal...

ITA 140/ASR/2017[2013-14]Status: DisposedITAT Amritsar24 Dec 2021AY 2013-14

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

For Appellant: Sh. Randeep Mahajan, CAFor Respondent: Sh. Trilochan Singh, PS
Section 143(1)Section 143(2)Section 143(3)Section 194JSection 44A

disallowance of expenses of the appellant claimed in the return of Income. 6) On the given grounds it is appealed that the additions in income of Rs. 10,39,691/- should be deleted. 7) That the appellant craves leave to add, amend or withdraw any new ground or grounds of appeal before or at the time of hearing of appeal

M/S. NORTHERN STEEL INDUSTRIES,,SRINAGAR (KMR) vs. THE INCOME-TAX OFFICER, SRINAGAR (J&K)

In the result, the assessee’s appeal is partly allowed

ITA 430/ASR/2014[2007-08]Status: DisposedITAT Amritsar18 Jun 2018AY 2007-08

Bench: Sh. Sanjay Arorai.T.A. No. 430/Asr/2014 Assessment Year: 2007-08

For Appellant: NoneFor Respondent: Sh. Rahul Dhawan (D.R.)
Section 143(3)Section 40

section 40A(3) (as noted at para 2.3.1 of his order), be not effected. The assessee, it may be noted, has not contested the disallowance on merits, either in appeal before the first appellate authority or even before the tribunal. So, however, to accord with the principle of natural justice, the AO shall, at the time of appeal-effect giving

M/S. PMS DIESELS,,PHAGWARA vs. ADDL. COMMISSIONER OF INCOME TAX, PHAGWARA

In the result, the assessee’s appeal is partly allowed

ITA 65/ASR/2016[2006-07]Status: DisposedITAT Amritsar31 Jul 2018AY 2006-07

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 65/Asr/2016 Assessment Year: 2006-07

For Appellant: Sh. Tarun Bansal (Adv.)For Respondent: Sh. Rajeev K. Gubgotra, (D.R.)
Section 143(3)Section 194CSection 201Section 268ASection 40

194C, as rightly applied by the Revenue. As observed by the Bench during hearing, even as we agree that a dichotomy attends the adjudication with reference to the facts on record, the fact of the matter is that the assessee has been held as not in default qua the TDS on the impugned sum. How could, then