BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

572 results for “TDS”+ Section 10(5)clear

Sorted by relevance

Delhi4,952Mumbai4,938Bangalore2,424Chennai1,881Kolkata1,343Pune1,298Ahmedabad994Hyderabad944Indore728Jaipur605Cochin572Chandigarh488Raipur454Karnataka322Nagpur321Visakhapatnam307Surat286Cuttack272Rajkot219Lucknow167Amritsar142Jabalpur115Ranchi108Jodhpur103Dehradun84Agra74Guwahati69Panaji66Patna65Allahabad62Telangana47SC22Varanasi19Kerala15Calcutta12Himachal Pradesh8Rajasthan6Punjab & Haryana4J&K3Uttarakhand3Orissa3Gauhati1A.K. SIKRI ROHINTON FALI NARIMAN1Bombay1

Key Topics

TDS74Section 234E57Section 4036Section 20134Limitation/Time-bar34Section 201(1)33Deduction33Section 25029Section 19227Section 143(3)

THE ITO (TDS), KOTTAYAM vs. MAHATMA GANDHI UNIVERSITY, KOTTAYAM

ITA 555/COCH/2018[2016-17]Status: DisposedITAT Cochin14 May 2019AY 2016-17

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10Section 10(10)(iii)Section 192Section 201Section 201(1)

5. The learned CIT(Appeals) erred in treating University as part of "State" even though the Income Tax Act in several sections such as section 192(2A) and section 10(10C) clearly distinguishes a university from government. 6. The Learned CIT(Appeals) overlooked that employees of Universities are neither recruited by the State PSC nor paid from the consolidated fund

THE ITO (TDS), KOTTAYAM vs. MAHATMA GANDHI UNIVERSITY, KOTTAYAM

ITA 556/COCH/2018[2017-18]Status: Disposed

Showing 1–20 of 572 · Page 1 of 29

...
21
Section 200A21
Disallowance19
ITAT Cochin
14 May 2019
AY 2017-18

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10Section 10(10)(iii)Section 192Section 201Section 201(1)

5. The learned CIT(Appeals) erred in treating University as part of "State" even though the Income Tax Act in several sections such as section 192(2A) and section 10(10C) clearly distinguishes a university from government. 6. The Learned CIT(Appeals) overlooked that employees of Universities are neither recruited by the State PSC nor paid from the consolidated fund

VADAKKEVILA SERVICE CO-OPERATIVE BANK LTD,KOLLAM vs. THE ITO, KOLLAM

Appeal is allowed in above terms

ITA 478/COCH/2023[2017-18]Status: DisposedITAT Cochin25 Sept 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms.Anoopa, AdvocateFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 143(3)Section 194ASection 40Section 56Section 80PSection 80P(2)Section 80P(2)(a)

5. Learned DR could hardly dispute the very factual position in this regard that the assessee neither carries any banking activity (ies) with the public at large nor has it got any banking licence under the provisions of the Banking Regulation Act, 1949. Their lordship above extracted discussion has duly considered the State Co-operative law provisions to conclude that

THE KAREEPPA PANCHAYATH SERVICE CO-OPERATIVE BANK LTD.D,KOLLAM vs. THE ITO, KOLLAM

Appeal is allowed in above terms

ITA 732/COCH/2023[AY-2017-18]Status: DisposedITAT Cochin23 Oct 2024

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year : 2017-18

For Appellant: Ms. Anoopa, AdvocateFor Respondent: Dr. S. Pandian, CIT-DR
Section 2Section 22Section 250Section 40Section 56Section 80PSection 80P(2)(a)Section 80P(4)

TDS payments made to non-members. 3. The Revenue vehemently argued during the course of hearing that the assessee viz., Kareeppa Panchayat Service Co-op. Bank Ltd. is in fact a cooperative bank covered u/sec.80P(4) of the Act than a cooperative credit society eligible for the impugned detailed discussion u/sec.80P(2)(a)(i) of the Act. We sought

THE ITO, WARD-2(1), TVM, TVM vs. SMT.G.S.LEKHA, KOLLAM

In the result, the appeal filed by the Revenue is allowed and the Cross

ITA 194/COCH/2018[2012-13]Status: DisposedITAT Cochin05 Apr 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.194/Coch/2018 Assessment Year : 2012-13

Section 10(37)Section 2(14)(iii)

TDS) (187 Taxman 1). Thus, he brought to tax a sum of Rs.1,65,31,119/- as long term capital gain. 4. On appeal, the CIT(A) observed that section 10 of the Act provides for income which cannot be included in the total income. Section 10(37) of the Act provides for exclusion from total income, capital gains arising

M/S.KADUNA HOSPITALITY P. LTD,COCHIN vs. THE ITO, COCHIN

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

ITA 500/COCH/2016[2013-14]Status: DisposedITAT Cochin23 Oct 2017AY 2013-14

Bench: Shri P. K. Bansal & Shri George George K.Assessment Year: 2013-14

Section 145ASection 45Section 45(5)(b)Section 48

TDS 3,009,047 20,333,836 31-03-2014 Total 32,625,989 32,625,989 Copy of the Bank Statement and Form 26AS are enclosed as Annexure A and B. 5. Section 45(5) of the Income Tax Act, 1961 dealing with the charge to Capital Gains is as under, 45 (5) Notwithstanding anything contained in sub-section

PALLATH NAFEESA,MALAPPURAM vs. ITO, TIRUR

In the result, appeal filed by the assessee allowed

ITA 118/COCH/2023[2015-16]Status: DisposedITAT Cochin03 Oct 2024AY 2015-16

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Pallath Nafeesa The Income Tax Officer Poolakkodan House Tirur Athirumada, Punnathala Vs. Tirur, Malappuram 676552 [Pan: Alipn9300R] (Appellant) (Respondent)

For Appellant: Shri Shaji Paulose, CAFor Respondent: Smt. Girly Albert, Sr. D.R
Section 10(37)Section 145ASection 194ASection 197Section 28Section 34Section 56(2)(viii)Section 57

TDS reported in70 taxmann.com 45. The relevant finding of the Hon’ble Bench is extracted as under: “10. In the facts of the present case, it is an admitted position that the interest on which the tax is sought to be deducted at source under section 194A of the Act is interest under section

EDARIKODE SERVICE CO-OPERATIVE BANK LTD,EDARIKODE vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) (TDS) KOZHIKODE, KOZHIKODE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 211/COCH/2021[2015-2016]Status: DisposedITAT Cochin29 Jun 2022AY 2015-2016

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

For Appellant: Shri Amaljith P.J., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 192Section 194JSection 201Section 201(1)Section 80C

5. GROUND: Income Tax Officer (TDS) erred in treating the payments made under ‘Annual Maintenance Contract’ (AMC) as professional charges u/s 194J and applying higher rate of TDS. 5.1. Payments made to M/s. IT Cooperative Society is in the nature of Annual Maintenance Contract. CBDT Clarificatory Circular No. 715 dated 8th August 1995 makes it clear that the maintenance contract

EDARIKODE SERVICE CO-OPERATIVE BANK LTD,EDARIKODE vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) (TDS) KOZHIKODE, KOZHIKODE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 212/COCH/2021[2016-2017]Status: DisposedITAT Cochin29 Jun 2022AY 2016-2017

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

For Appellant: Shri Amaljith P.J., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 192Section 194JSection 201Section 201(1)Section 80C

5. GROUND: Income Tax Officer (TDS) erred in treating the payments made under ‘Annual Maintenance Contract’ (AMC) as professional charges u/s 194J and applying higher rate of TDS. 5.1. Payments made to M/s. IT Cooperative Society is in the nature of Annual Maintenance Contract. CBDT Clarificatory Circular No. 715 dated 8th August 1995 makes it clear that the maintenance contract

EDARIKODE SERVICE CO-OPERATIVE BANK LTD,MALAPURAM vs. INCOME TAX OFFICER, WARD TDS, KOZHIKODE, KOZHIKODE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 207/COCH/2021[2011-2012]Status: DisposedITAT Cochin29 Jun 2022AY 2011-2012

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

For Appellant: Shri Amaljith P.J., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 192Section 194JSection 201Section 201(1)Section 80C

5. GROUND: Income Tax Officer (TDS) erred in treating the payments made under ‘Annual Maintenance Contract’ (AMC) as professional charges u/s 194J and applying higher rate of TDS. 5.1. Payments made to M/s. IT Cooperative Society is in the nature of Annual Maintenance Contract. CBDT Clarificatory Circular No. 715 dated 8th August 1995 makes it clear that the maintenance contract

EDARIKODE SERVICE CO-OPERATIVE BANK LTD,EDARIKODE vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) (TDS) KOZHIKODE, KOZHIKODE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 209/COCH/2021[2013-2014]Status: DisposedITAT Cochin29 Jun 2022AY 2013-2014

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

For Appellant: Shri Amaljith P.J., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 192Section 194JSection 201Section 201(1)Section 80C

5. GROUND: Income Tax Officer (TDS) erred in treating the payments made under ‘Annual Maintenance Contract’ (AMC) as professional charges u/s 194J and applying higher rate of TDS. 5.1. Payments made to M/s. IT Cooperative Society is in the nature of Annual Maintenance Contract. CBDT Clarificatory Circular No. 715 dated 8th August 1995 makes it clear that the maintenance contract

EDARIKODE SERVICE CO-OPERATIVE BANK LTD,MALAPPURAM vs. INCOME TAX OFFICER, WARD TDS, KOZHIKODE, KOZHIKODE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 208/COCH/2021[2012-2013]Status: DisposedITAT Cochin29 Jun 2022AY 2012-2013

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

For Appellant: Shri Amaljith P.J., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 192Section 194JSection 201Section 201(1)Section 80C

5. GROUND: Income Tax Officer (TDS) erred in treating the payments made under ‘Annual Maintenance Contract’ (AMC) as professional charges u/s 194J and applying higher rate of TDS. 5.1. Payments made to M/s. IT Cooperative Society is in the nature of Annual Maintenance Contract. CBDT Clarificatory Circular No. 715 dated 8th August 1995 makes it clear that the maintenance contract

EDARIKODE SERVICE CO-OPERATIVE BANK LTD,EDARIKODE vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) (TDS) KOZHIKODE, KOZHIKODE

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 210/COCH/2021[2014-2015]Status: DisposedITAT Cochin29 Jun 2022AY 2014-2015

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

For Appellant: Shri Amaljith P.J., CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 192Section 194JSection 201Section 201(1)Section 80C

5. GROUND: Income Tax Officer (TDS) erred in treating the payments made under ‘Annual Maintenance Contract’ (AMC) as professional charges u/s 194J and applying higher rate of TDS. 5.1. Payments made to M/s. IT Cooperative Society is in the nature of Annual Maintenance Contract. CBDT Clarificatory Circular No. 715 dated 8th August 1995 makes it clear that the maintenance contract

LAXMI MEGHAN EDUCATIONAL TRUST,KANHANGAD vs. ITO, EXEMPTION, KANNUR, KANNUR

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

ITA 656/COCH/2022[2012-2013]Status: DisposedITAT Cochin08 Mar 2023AY 2012-2013

Bench: Shri George George K & Ms. Padmavathy Sassessment Year :2012-13 M/S. Laxmi Meghan Educational Trust, Ito (Exemptions), Vs. Kmc W1/1504, Surgicare Centre & Hospital, Kannur – 670 006. Kasargode District, Kerala. Pan :Aaatl8244M Assessee Respondent

For Appellant: Shri. Anil D Nair, AdvocateFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 10Section 12ASection 143(2)Section 143(3)Section 194CSection 40

sections 12AA and 10(23C) (vi). 3. The Id. CIT(A) has grievously erred in rejecting the prayer u/s. 10(23C) (iii ad) stating that " There are no documents on record to show that during the financial year under consideration, the assessee trust existed solely for educational propose and not for purposes of profit and that the aggregate annual receipts

M/S.MALAYALAM COMMUNICATION LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal of the assessee is allowed

ITA 403/COCH/2018[2010-11]Status: DisposedITAT Cochin08 Feb 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 194CSection 194JSection 201(1)

TDS to be made on payments to production houses and not to the individuals as in the case of assessee. Taking into account all the above, the CIT(A) was of the considered opinion that the provisions of section 194J alone are applicable to the assessee and thereby, the assessee ought to have deducted the tax at 10% instead

NELLIPARAMBIL GOPALAN GANGADEVI,ERNAKULAM vs. ITO WARD 1, ALUVA

In the result, the assessee’s appeal is dismissed and the stay application is dismissed as infructuous

ITA 996/COCH/2022[2007-08]Status: DisposedITAT Cochin28 Dec 2023AY 2007-08

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Ms. Krishna K., AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 10Section 147

section 10(10C) compliant: “10. INCOME TAX-TDS As the proposed scheme does not comply with Rule 10(10C) of Income Tax Act 1961 and no benefit of exemption of ex-gratia from income tax is intended in this scheme, there is no legal requirement for obtaining prior approval of Income Tax Department. 12. GENERAL CONDITIONS (i) …. (vii) viii

SHRI SURESH GEORGE,ALAPPUZHA vs. THE ADIT INTERNATIONAL TAXATION, THIRUVANANTHAPURAM-3, THIRUVANATHAPURAM

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

ITA 794/COCH/2022[2011-2012]Status: DisposedITAT Cochin16 Jun 2023AY 2011-2012

Bench: Shri Sanjay Arora & Shri Aby T.Varkeysuresh George Asstt. Director Of Income Tax Kurichyiel House International Taxation Payippad, Harippad Vs. Thiruvananthapuram Alappuzha 690 556 [Pan:Affpg5853B]

For Appellant: Shri Suresh Kumar Verma, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 142(1)Section 143(2)Section 143(3)Section 192Section 194JSection 9(1)Section 9(1)(vii)

5(2)(a)r.w.s. 9(1)(vii)(b) and s. 10(6)(viii) of the Act and, further, qua the entire amount under reference, as the findings would have to necessarily extend thereto. The matter is, accordingly, and as was the common ground before us, remitted back to the file of the AO for adjudication afresh, determining the issues arising

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

ITA 612/COCH/2010[2005-06]Status: DisposedITAT Cochin25 Sept 2019AY 2005-06

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Iype John, CAFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 194JSection 201Section 201(1)Section 271C

5. We have heard rival submissions and perused the materials available on record. Section 201(1) spells out the consequences of failure to deduct or pay the tax. Section 201(1A) enables the Assessing Officer to charge interest as simple interest on the amount of such tax from the date on which such tax was deductible to the date

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

ITA 613/COCH/2010[2006-07]Status: DisposedITAT Cochin25 Sept 2019AY 2006-07

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Iype John, CAFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 194JSection 201Section 201(1)Section 271C

5. We have heard rival submissions and perused the materials available on record. Section 201(1) spells out the consequences of failure to deduct or pay the tax. Section 201(1A) enables the Assessing Officer to charge interest as simple interest on the amount of such tax from the date on which such tax was deductible to the date

M/S JEEVAN TELECASTING CORPN LTD,COCHIN vs. ACIT, COCHIN

In the result, ITA Nos.606 to 610/Coch/2010 are partly allowed and ITA Nos

ITA 606/COCH/2010[2004-05]Status: DisposedITAT Cochin25 Sept 2019AY 2004-05

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Iype John, CAFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 194JSection 201Section 201(1)Section 271C

5. We have heard rival submissions and perused the materials available on record. Section 201(1) spells out the consequences of failure to deduct or pay the tax. Section 201(1A) enables the Assessing Officer to charge interest as simple interest on the amount of such tax from the date on which such tax was deductible to the date