M/S ST. ALPHONSA TIMBERS & TRADERS (PVT) LTD,MARADU vs. INCOME TAX OFFICER (TDS), KOCHI

In the result, the appeals of the assessee are allowed

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

TDS statement under section 200A of the Income- tax Act.” 12. Further, in para 47.20, the Circular has clearly emphasized that these amendments would take effect only from 1st June, 2015. Under those circumstances, I hold that the amendment is prospective and the demand under exts. P1 to P6 demand notices cannot be sustained. I, accordingly, set aside the Exts

M/S ST. ALPHONSA TIMBERS AND TRADERS (PVT) LTD,MARADU vs. INCOME TAX OFFICER (TDS), KOCHI

In the result, the appeals of the assessee are allowed

Bench: SHRI SANJAY ARORA (Accountant Member), SHRI ABY T. VARKEY (Judicial Member)

TDS statement under section 200A of the Income- tax Act.” 12. Further, in para 47.20, the Circular has clearly emphasized that these amendments would take effect only from 1st June, 2015. Under those circumstances, I hold that the amendment is prospective and the demand under exts. P1 to P6 demand notices cannot be sustained. I, accordingly, set aside the Exts

ANUMOD VISHWAMBHARAN,TRIVANDRUM vs. ITO TDS WARD, TRIVANDRUM

In the result, the appeals of the assessee are allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 78/Coch/2023 (िनधा"रण वष" / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 79/Coch/2023 (िनधा"रण वष" / Assessment Year: 2014-15) Anumod Viswambharan बनाम/ Ito Tc 8/2164, Cheruvikal, Tds Ward, Aayakar Vs. Medical College, Bhavan, Peroorkada Thiruvananthapuram- Road, Kowdiar, 695011. Thiruvananthapuram. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adjpv0729M (अपीलाथ" /Appellant) .. (""थ" / Respondent) Assessee By: None Revenue By: Smt J. M Jamuna Devi, (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 18/05/2023 घोषणा की तारीख /Date Of Pronouncement: 06/06/2023

TDS statement under section 200A of the Income- tax Act.” 12. Further, in para 47.20, the Circular has clearly emphasized that these amendments would take effect only from 1st June, 2015. Under those circumstances, I hold that the amendment is prospective and the demand under exts. P1 to P6 demand notices cannot be sustained. I, accordingly, set aside the Exts

ANUMOD VISHWAMBHARAN,TRIVANDRUM vs. ITO TDS WARD, TRIVANDRUM

In the result, the appeals of the assessee are allowed

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 78/Coch/2023 (िनधा"रण वष" / Assessment Year: 2013-14) & आयकर अपील सं/ I.T.A. No. 79/Coch/2023 (िनधा"रण वष" / Assessment Year: 2014-15) Anumod Viswambharan बनाम/ Ito Tc 8/2164, Cheruvikal, Tds Ward, Aayakar Vs. Medical College, Bhavan, Peroorkada Thiruvananthapuram- Road, Kowdiar, 695011. Thiruvananthapuram. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adjpv0729M (अपीलाथ" /Appellant) .. (""थ" / Respondent) Assessee By: None Revenue By: Smt J. M Jamuna Devi, (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 18/05/2023 घोषणा की तारीख /Date Of Pronouncement: 06/06/2023

TDS statement under section 200A of the Income- tax Act.” 12. Further, in para 47.20, the Circular has clearly emphasized that these amendments would take effect only from 1st June, 2015. Under those circumstances, I hold that the amendment is prospective and the demand under exts. P1 to P6 demand notices cannot be sustained. I, accordingly, set aside the Exts

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

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

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. On the facts and circumstances of the case

MATHIIT LEARNING PRIVATE LIMITED,SASTHAMANGALAM vs. ITO, TRIVANDRUM, TRIVANDRUM

In the result, the ITA Nos

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

TDS returns. The Assessing Officer cannot make any adjustment other than one prescribed in section 200A of the Act. Prior to 01.06.2015, there was no enabling provision in section 200A of the Act for making adjustment in respect of statement filed by the assessee with regard to tax deducted at source by levying fees u/s 234E

MATHIIT LEARNING PRIVATE LIMITED,SASTHAMANGALAM vs. ITO, TRIVANDRUM, TRIVANDRUM

In the result, the ITA Nos

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

TDS returns. The Assessing Officer cannot make any adjustment other than one prescribed in section 200A of the Act. Prior to 01.06.2015, there was no enabling provision in section 200A of the Act for making adjustment in respect of statement filed by the assessee with regard to tax deducted at source by levying fees u/s 234E

MATHIIT LEARNING PRIVATE LIMITED,SASTHAMANGALAM vs. ITO, TRIVANDRUM, TRIVANDRUM

In the result, the ITA Nos

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

TDS returns. The Assessing Officer cannot make any adjustment other than one prescribed in section 200A of the Act. Prior to 01.06.2015, there was no enabling provision in section 200A of the Act for making adjustment in respect of statement filed by the assessee with regard to tax deducted at source by levying fees u/s 234E

HI-LITE BUILDERS PRIVATE LIMITED ,KOZHIKODE vs. DCIT, CENTRAL CIRCLE-1, KOZHIKODE, KOZHIKODE

In the result, the appeal by the assessee is allowed

Bench: Smt. Beena Pillai & Ms. Padmavathy S.Assessment Year : 2009-10

Section 40(a)(ia) or to be applicable from the date of enforcement. 26. TDS results in collection of tax and the deductor

M/S. POYANIL HOSPITAL,KOZHENCHERRY vs. THE ITO, TDS, ALAPPUZHA, ALAPPUZHA

Bench: Shri George George K & Ms. Padmavathy Sassessment Year :2013-14 M/S.Poyanil Hospital, Ito, Vs. Poyanil, Tds, Kozhencherry. Alappuzha. Pan :Aacfm 7322 F Assessee Respondent

TDS) passed intimation under section 154 r.w.s. 200A of the Income Tax Act, 1961 (hereinafter called ‘the Act’), levying a late fee under section 234E of the Act amounting to Rs.20,000/- for the delay in filing Form 26Q for the 3rd quarter of the Financial Year 2012-13. Aggrieved by the levy of late fee under section 234E

M/S ATHAZHAKUNNU MAPPILA L.P. SCHOOL,KANNUR vs. ITO WARD TDS, KANNUR

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

Bench: Shrisanjay Arora & Shriabyt.Varkey

section 200A(1) of the Act even as there was, prior to 01.6.2015, no provision for the said levy while processing a TDS return u/s. 200A(1) of the Act, which 1 ITA Nos. 911& 912/Coch/2022 (AY 2014-15) Athazhakunnu Mappilla L.P. School v. ITO came on the statute only by Finance Act, 2015 w.e.f. from that date. The issue

M/S ATHAZHAKUNNU MAPPILA L.P SCHOOL,KANNUR vs. ITO ,WARD TDS, KANNUR

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

Bench: Shrisanjay Arora & Shriabyt.Varkey

section 200A(1) of the Act even as there was, prior to 01.6.2015, no provision for the said levy while processing a TDS return u/s. 200A(1) of the Act, which 1 ITA Nos. 911& 912/Coch/2022 (AY 2014-15) Athazhakunnu Mappilla L.P. School v. ITO came on the statute only by Finance Act, 2015 w.e.f. from that date. The issue

GOVERNMENT MENTAL HOSPITAL,KUTHIRAVATTAM vs. COMMISSIONER OF INCOME TAX, CPC (TDS), KOZHIKODE

In the result, the appeals filed by the assessees are allowed

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

TDS returns except for interest u/s 220(2) amounted to Rs.1,360.00. Also humbly submit before you that the levy of interest under section 234E before 31/03/2015 is against the provisions of Income-tax Act, 1961. For this reason, we have the right to challenge the demand with appellate authorities. Even without serving the demand notice to my section

GOVERNMENT MENTAL HOSPITAL,KUTHIRAVATTAM vs. COMMISSIONER OF INCOME TAX, CPC (TDS),, KOZHIKODE

In the result, the appeals filed by the assessees are allowed

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

TDS returns except for interest u/s 220(2) amounted to Rs.1,360.00. Also humbly submit before you that the levy of interest under section 234E before 31/03/2015 is against the provisions of Income-tax Act, 1961. For this reason, we have the right to challenge the demand with appellate authorities. Even without serving the demand notice to my section

GOVERNMENT MENTAL HOSPITAL,KUTHIRAVATTAM vs. COMMISSIONER OF INCOME TAX, CPC (TDS), KOZHIKODE

In the result, the appeals filed by the assessees are allowed

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

TDS returns except for interest u/s 220(2) amounted to Rs.1,360.00. Also humbly submit before you that the levy of interest under section 234E before 31/03/2015 is against the provisions of Income-tax Act, 1961. For this reason, we have the right to challenge the demand with appellate authorities. Even without serving the demand notice to my section

GOVERNMENT MENTAL HOSPITAL,KUTHIRAVATTAM vs. COMMISSIONER OF INCOME TAX, CPC (TDS), KOZHIKODE

In the result, the appeals filed by the assessees are allowed

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

TDS returns except for interest u/s 220(2) amounted to Rs.1,360.00. Also humbly submit before you that the levy of interest under section 234E before 31/03/2015 is against the provisions of Income-tax Act, 1961. For this reason, we have the right to challenge the demand with appellate authorities. Even without serving the demand notice to my section

MOHAMMED TARIQ THAIMADATHIL,KOCHI vs. THE ITO , NON CORP WARD 1(5), KOCHI

The appeal of the assessee is allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadavassessment Year : 2014-15 Shri. Mohammed Tariq Thaimadathil, Vs. Ito, Tariq Manzil, Elmkunnapuzha Road, Non Corporate Ward – 1(5), Kaloor, Kochi. Cochin – 682 107. Pan : Abrpt 7993 B Appellant Respondent Assessee By : Smt. Parvathy Ammal, Ca Revenue By : Shri. K. Jayaganesh, Senior Ar. Date Of Hearing : 06.08.2024 Date Of Pronouncement : 07.08.2024 O R D E R Per Prakash Chand Yadav:

26,550/-. The case of the assessee was selected for scrutiny. During the course of assessment proceedings, the AO interalia observed that the assessee has paid interest and bank charges to M/s. Reliance Capital without deducting TDS @ 10%. Therefore, invoking the provisions of section

ELMA PHARMACEUTICALS PRIVATE LTD,THRISSUR vs. THE ITO(TDS), THRISSUR

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.(Through Virtual Hearing)

TDS returns for various quarters. The Assessing Officer cannot make any adjustment other than one prescribed in section 200A of the Act. Prior to Elma Pharmaceuticals P. Ltd. 01.06.2015, there was no enabling provision in section 200A of the Act for making adjustment in respect of statement filed by the assessee with regard to tax deducted at source by levying

ELMA PHARMACEUTICALS PRIVATE LTD,THRISSUR vs. THE ITO(TDS), THRISSUR

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.(Through Virtual Hearing)

TDS returns for various quarters. The Assessing Officer cannot make any adjustment other than one prescribed in section 200A of the Act. Prior to Elma Pharmaceuticals P. Ltd. 01.06.2015, there was no enabling provision in section 200A of the Act for making adjustment in respect of statement filed by the assessee with regard to tax deducted at source by levying