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29 results for “TDS”+ Section 195(6)clear

Sorted by relevance

Delhi1,078Mumbai1,015Bangalore603Chennai469Ahmedabad201Kolkata172Karnataka121Pune98Hyderabad86Chandigarh83Jaipur73Visakhapatnam49Indore39Rajkot33Cochin29Cuttack21Lucknow20Raipur18Dehradun16Surat10Nagpur8Jodhpur7Allahabad6Jabalpur6Telangana6SC5Panaji5Amritsar4Agra4Calcutta3Guwahati2Kerala2Punjab & Haryana1Patna1

Key Topics

Section 9(1)(vii)32Section 20129TDS26Section 19523Section 4020Deduction18Section 143(3)14Section 201(1)13Double Taxation/DTAA11Section 271C

THE ITO,, ALAPPUZHA vs. M/S.EXTRAWEAVE P. LTD, ALAPPUZHA

In the result, the appeal filed by the Revenue is partly allowed

ITA 448/COCH/2016[2010-11]Status: DisposedITAT Cochin24 Jun 2022AY 2010-11

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Extraweave Pvt. Ltd. Arattukulangara Complex 264B/Cmc 1 Vs. A.N. Puram, Alapuzha 688011 Sakteeswara Junction Cherthala 688524 Pan – Aabce5438L Appellant Respondent

For Appellant: Shri R. Krishan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 10BSection 10B(3)Section 143(2)Section 195Section 195(6)Section 40

195 (6) r. w. s Rule 37BB is one among the safeguards in the Act to prevent revenue leakage. 4. The Ld. CIT (Appeals) has erred in holding that the value of deemed export of Rs.13,67,2801 - in respect of exports made through the assessee's sister concern be also included for computation of deduction

Showing 1–20 of 29 · Page 1 of 2

10
Disallowance10
Section 194H9

M/S.APOLLO TYRES LTD,COCHIN vs. THE PRINCIPAL COMMISSIONER OF INCOMETAX, COCHIN

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 609/COCH/2017[2013-14]Status: DisposedITAT Cochin01 Sept 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2013-14 Apollo Tyres Ltd. .......... Appellant 3Rd Floor, Areekal Mansion, Panampilly Nagar, Kochi 682036 [Pan: Aaaca6990Q] Vs. Dcit, Corporate Circle-1(1), Kochi ......... Respondent Assessee By: Shri Abraham Joseph Markos, Adv. Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 01.09.2025

For Appellant: Shri Abraham Joseph Markos, AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 115JSection 143(3)Section 32Section 32(1)(iia)Section 35Section 43(1)Section 92C

TDS as per the provisions contained in section 40 (a)(i) with Section 195 of the Act being the payment in question does not give rise to or constitute income, which is chargeable to tax in India either on account of provisions of the Act or provisions contained in DTAA. 6

MUTHOOT FINCORP LIMITED,TRIVANDRUM vs. ITO,CIRCLE CENTRAL, TRIVANDRUM

In the result, the appeals filed by the assessee stand dismissed

ITA 496/COCH/2025[2010-2011]Status: DisposedITAT Cochin22 Aug 2025AY 2010-2011

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 148Section 194CSection 40

6. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee contends that the AO, for AY 2008-09, pursuant to the remand order

MUTHOOT FINCORP LIMITED,THIRUVANANTHAPURAM vs. JCIT, SPECIAL RANGE, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

ITA 464/COCH/2025[2006-2007]Status: DisposedITAT Cochin22 Aug 2025AY 2006-2007

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 148Section 194CSection 40

6. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee contends that the AO, for AY 2008-09, pursuant to the remand order

MUTHOOT FINCORP LIMITED,THIRUVANANTHAPURAM vs. JCIT, SPECIAL RANGE, THIRUVANANTHAPURAM

In the result, the appeals filed by the assessee stand dismissed

ITA 465/COCH/2025[2013-2014]Status: DisposedITAT Cochin22 Aug 2025AY 2013-2014

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri R. Krishnan, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 148Section 194CSection 40

6. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO. 7. Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal. 8. The learned counsel for the assessee contends that the AO, for AY 2008-09, pursuant to the remand order

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

ITA 475/COCH/2016[2012-13]Status: DisposedITAT Cochin11 May 2018AY 2012-13

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

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR
Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

TDS has been made by USTRPL from the 'subcontracting charges’, they will be hit by the disallowance under section 40(a)(ia). Therefore expenses of Rs.34,94,59,683/- under the head "subcontracting charges" was disallowed by the Assessing Officer u/s 40(a)(ia) of the IT Act. 6. Against the above order of the Assessing Officer, the Draft Resolution

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT, TRIVANDRUM

In the result, the appeal for assessment year 2011-2012

ITA 134/COCH/2016[2011-12]Status: DisposedITAT Cochin11 May 2018AY 2011-12

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

For Appellant: Sri.Raghunathan S., AdvocateFor Respondent: Sri. Santham Bose, CIT-DR
Section 144C(5)Section 190Section 194JSection 234BSection 40Section 92C(3)

TDS has been made by USTRPL from the 'subcontracting charges’, they will be hit by the disallowance under section 40(a)(ia). Therefore expenses of Rs.34,94,59,683/- under the head "subcontracting charges" was disallowed by the Assessing Officer u/s 40(a)(ia) of the IT Act. 6. Against the above order of the Assessing Officer, the Draft Resolution

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

ITA 103/COCH/2017[2012-13]Status: DisposedITAT Cochin29 Jan 2018AY 2012-13

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

Section 195Section 201Section 201(1)Section 40aSection 9(1)(vii)

section 9(1)(vii) r.w.s. Explanation 2 of the Act and therefore the payment made to managers are income by way of fees for technical services deemed to accrue or arise in India. Referring to the DTAA between India and UK, the Tribunal found that no technical knowledge, experience, skill, know how or process, etc. was made available

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

ITA 102/COCH/2017[2011-12]Status: DisposedITAT Cochin29 Jan 2018AY 2011-12

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

Section 195Section 201Section 201(1)Section 40aSection 9(1)(vii)

section 9(1)(vii) r.w.s. Explanation 2 of the Act and therefore the payment made to managers are income by way of fees for technical services deemed to accrue or arise in India. Referring to the DTAA between India and UK, the Tribunal found that no technical knowledge, experience, skill, know how or process, etc. was made available

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

ITA 101/COCH/2017[2010-11]Status: DisposedITAT Cochin29 Jan 2018AY 2010-11

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

Section 195Section 201Section 201(1)Section 40aSection 9(1)(vii)

section 9(1)(vii) r.w.s. Explanation 2 of the Act and therefore the payment made to managers are income by way of fees for technical services deemed to accrue or arise in India. Referring to the DTAA between India and UK, the Tribunal found that no technical knowledge, experience, skill, know how or process, etc. was made available

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

ITA 99/COCH/2017[2008-09]Status: DisposedITAT Cochin29 Jan 2018AY 2008-09

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

Section 195Section 201Section 201(1)Section 40aSection 9(1)(vii)

section 9(1)(vii) r.w.s. Explanation 2 of the Act and therefore the payment made to managers are income by way of fees for technical services deemed to accrue or arise in India. Referring to the DTAA between India and UK, the Tribunal found that no technical knowledge, experience, skill, know how or process, etc. was made available

M/S.US TECHNOLOGY RESOURCES P. LTD,TRIVANDRUM vs. THE ACIT(INTERNATIONAL TAXATION), TRIVANDRUM

In the result, the appeals of the assessee are

ITA 100/COCH/2017[2009-10]Status: DisposedITAT Cochin29 Jan 2018AY 2009-10

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

Section 195Section 201Section 201(1)Section 40aSection 9(1)(vii)

section 9(1)(vii) r.w.s. Explanation 2 of the Act and therefore the payment made to managers are income by way of fees for technical services deemed to accrue or arise in India. Referring to the DTAA between India and UK, the Tribunal found that no technical knowledge, experience, skill, know how or process, etc. was made available

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)

TDS certificate/s would, for example, notwithstanding the payment being made by another, issued by the employer only, and tax deducted deposited under his TAN, while in the instant case, it is the name and TAN (MUMB 08953A) of BSM that is stated (in the asseseee’s return) in respect of the Employer! Why? That apart, payment of remuneration

M/S.THOMSON INDUTRIES,THRISSUR vs. THE ACIT,CEN-CIRCLE-2 ,ERNAKULAM, ERNAKULAM

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

ITA 196/COCH/2019[2012-13]Status: DisposedITAT Cochin14 Jan 2020AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Ita Nos. 195 & 196/Coch/2019 Assessment Years: 2011-12 & 2012-13 M/S. Thomson Industries, Vs. The Assistant Commissioner Of Thazhekkad, Income-Tax, Central Circle-2, Thrissur. Kochi. [Pan:Aafft 8235M]

Section 40

195 & 196/Coch/2019 Assessment Years: 2011-12 & 2012-13 M/s. Thomson Industries, Vs. The Assistant Commissioner of Thazhekkad, Income-tax, Central Circle-2, Thrissur. Kochi. [PAN:AAFFT 8235M] (Assessee -Appellant) (Revenue-Respondent) Assessee by Shri Satish John Kanichai, FCA Revenue by Shri Mritunjaya Sharma, Sr. DR Date of hearing 14/01/2020 Date of pronouncement 14/01/2020 O R D E R Per CHANDRA

M/S.THOMSON INDUTRIES,THRISSUR vs. THE ACIT,CEN-CIRCLE-2 ,ERNAKULAM, ERNAKULAM

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

ITA 195/COCH/2019[2011-12]Status: DisposedITAT Cochin14 Jan 2020AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm Ita Nos. 195 & 196/Coch/2019 Assessment Years: 2011-12 & 2012-13 M/S. Thomson Industries, Vs. The Assistant Commissioner Of Thazhekkad, Income-Tax, Central Circle-2, Thrissur. Kochi. [Pan:Aafft 8235M]

Section 40

195 & 196/Coch/2019 Assessment Years: 2011-12 & 2012-13 M/s. Thomson Industries, Vs. The Assistant Commissioner of Thazhekkad, Income-tax, Central Circle-2, Thrissur. Kochi. [PAN:AAFFT 8235M] (Assessee -Appellant) (Revenue-Respondent) Assessee by Shri Satish John Kanichai, FCA Revenue by Shri Mritunjaya Sharma, Sr. DR Date of hearing 14/01/2020 Date of pronouncement 14/01/2020 O R D E R Per CHANDRA

M/S.VIJAYA HOSPITALITY AND RESORTS LTD,ERNAKULAM vs. THE ADCIT(TDS), COCHIN

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

ITA 96/COCH/2015[2010-11]Status: HeardITAT Cochin24 Jun 2022AY 2010-11

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

For Appellant: Sri.Thomas Joseph, CAFor Respondent: Smt.J.M.Jamunna Devi, Sr.DR
Section 271CSection 273Section 273B

TDS, took a view that provisions of section 273B of the I.T.Act is not applicable and after referring the judgment of the Hon’ble jurisdictional High Court in the case of US Technology International Limited, reported in (2010) 195 taxman 323 (Ker.) imposed penalty of Rs.9,12,060. 3 ITA No.96/Coch/2015. M/s.Vijaya Hospitality and Resorts Limited. 6

M/S.PARCO DIAGNOSTICS & REASEARCH CENTRE P. LTD,CALICUT vs. THE DCIT(TDS), CALICUT

In the result, the appeals filed by the assessee are dismissed

ITA 456/COCH/2016[2005-06]Status: DisposedITAT Cochin08 Jun 2017AY 2005-06

Bench: George George K.

Section 143(3)Section 194HSection 201Section 201(1)

TDS, the recipient doctors would have been forced to disclose this income in their returns of income. By not deducting tax, the appellant helped the recipient doctors to evade tax. Therefore, the decision of the Assessing Officer to invoke the provisions of section 201 rws 194H on these payments is correct. In view of this, I confirm the action

M/S.PARCO DIAGNOSTICS & REASEARCH CENTRE P. LTD,CALICUT vs. THE DCIT(TDS), CALICUT

In the result, the appeals filed by the assessee are dismissed

ITA 458/COCH/2016[2007-08]Status: DisposedITAT Cochin08 Jun 2017AY 2007-08

Bench: George George K.

Section 143(3)Section 194HSection 201Section 201(1)

TDS, the recipient doctors would have been forced to disclose this income in their returns of income. By not deducting tax, the appellant helped the recipient doctors to evade tax. Therefore, the decision of the Assessing Officer to invoke the provisions of section 201 rws 194H on these payments is correct. In view of this, I confirm the action

M/S.PARCO DIAGNOSTICS & REASEARCH CENTRE P. LTD,CALICUT vs. THE DCIT(TDS), CALICUT

In the result, the appeals filed by the assessee are dismissed

ITA 457/COCH/2016[2006-07]Status: DisposedITAT Cochin08 Jun 2017AY 2006-07

Bench: George George K.

Section 143(3)Section 194HSection 201Section 201(1)

TDS, the recipient doctors would have been forced to disclose this income in their returns of income. By not deducting tax, the appellant helped the recipient doctors to evade tax. Therefore, the decision of the Assessing Officer to invoke the provisions of section 201 rws 194H on these payments is correct. In view of this, I confirm the action

M/S.ALLIANZ CORNHILL INFORMATION SERVICES P. LTD,TRIVANDRUM vs. THE DCIT, TRIVANDRUM

In the result, ground Nos

ITA 489/COCH/2016[2012-13]Status: DisposedITAT Cochin24 May 2018AY 2012-13

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

For Appellant: Sri.Raghunathan S, AdvocateFor Respondent: Sri. Santhom Bose, CIT-DR
Section 143(2)Section 143(3)Section 144C(2)(b)Section 156Section 2Section 36(1)(va)Section 40

195 Explanation I, the assessee should have deducted tax at source while making such provision. Since the assessee failed to do so, the amount becomes disallowable as per provisions of section 40a(i)/(ia) also. AO is free to inform the concerned TDS authorities regarding non deduction of Tax at source by the assessee at the relevant time of making