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81 results for “TDS”+ Section 36(1)(vii)clear

Sorted by relevance

Delhi972Mumbai783Bangalore439Chennai299Ahmedabad210Kolkata159Chandigarh145Karnataka129Hyderabad95Jaipur93Cochin81Indore70Raipur61Pune57Visakhapatnam35Rajkot34Cuttack33Ranchi29Guwahati27Jabalpur24Lucknow23Nagpur23Surat22Dehradun17Jodhpur12Agra9Patna7SC6Varanasi5Kerala5Allahabad4Telangana3Panaji3Amritsar2Rajasthan1J&K1

Key Topics

Section 250114Section 201(1)50Section 271C30Section 20125TDS21Section 19515Section 194J12Section 9(1)(vii)10Penalty10Section 40

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)

section 195(1) of the Act holding that the amounts paid to lead managers and managers were chargeable to tax in India as fees for technical services within the meaning of section 9(1)(vii) of the Act. The Appellate Commissioner also upheld the order of the assessing officer. On further appeal before the Mumbai Bench of this Tribunal

Showing 1–20 of 81 · Page 1 of 5

9
Deduction7
Disallowance5

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)

section 195(1) of the Act holding that the amounts paid to lead managers and managers were chargeable to tax in India as fees for technical services within the meaning of section 9(1)(vii) of the Act. The Appellate Commissioner also upheld the order of the assessing officer. On further appeal before the Mumbai Bench of this Tribunal

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

vii)of Income Tax Act and liable for TDS. 5.2 The Ld AO erred in not appreciating that the assessee company has made payment of Rs 1,07,08,950/- for clinical trials majorly to Apollo Tyres Middle East FZE on cost to cost basis; hence TDS not deducted. 5.3 The Ld. AO has erred in appreciating that the payment

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 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 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 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

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 611/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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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 615/COCH/2010[09-Aug]Status: DisposedITAT Cochin25 Sept 2019

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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 610/COCH/2010[2008-09]Status: DisposedITAT Cochin25 Sept 2019AY 2008-09

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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 609/COCH/2010[2007-08]Status: DisposedITAT Cochin25 Sept 2019AY 2007-08

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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 614/COCH/2010[007-08]Status: DisposedITAT Cochin25 Sept 2019

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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 608/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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

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 607/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

36. It is submitted that dues in this respect, if not paid, will be paid or may be adjusted from the tax demanded and paid of Rs.8,17,895/- for the year 2006-07. 10. (i) As per the assessment order, Backhaul charges and Uplinking charges have been assessed for levy of TDS u/s.201(1) and interest u/s.201(lA). Kindly

M/S AC CARGO MANAGEMENT P.LTD,,COCHIN vs. THE ITO, COCHIN

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

ITA 320/COCH/2013[2007-08]Status: DisposedITAT Cochin23 Mar 2017AY 2007-08

Bench: Shri Abraham P. George & Shri George George. K.] आयकर अपील सं./I.T.A. No. 320/Coch/2013. िनधा"रण वष" /Assessment Year : 2007-2008. Vs. M/S. Ac Cargo Management The Income Tax Officer, Pvt. Ltd, Ward 1(1) 1St Floor, Chacko Chambers, Kochi Civil Lines Road, Palarivattom, Kochi 682 025. [Pan Aaeca 2206K] (अपीलाथ" अपीलाथ" अपीलाथ"/Appellant) अपीलाथ" (ू"यथ" ू"यथ" ू"यथ"/Respondent) ू"यथ"

For Appellant: Shri. R. Krishnan, C.A
Section 194Section 194CSection 194ISection 40

vii) the corporation shall pay the owner at the rate of Rs.. .. as fixed cost per day in addition to Rs. Per km operated as variable cost, etc. On the basis of the these terms and conditions, the Board have been advised that although the contract may appear to be a simple hire contract, it is actually a service

THE KOLLAM DISTRICT CO OPERATIVE BANK LTD,KOLLAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE KOLLAM

In the result, appeal filed by the assessee sands dismissed

ITA 660/COCH/2023[2017-18]Status: DisposedITAT Cochin14 May 2025AY 2017-18

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav, Jm Assessment Year: 2017-18 Kollam District Co-Operative Bank Ltd. .......... Appellant Chinnakada, Kollam 691001 [Pan: Aaaat4088L] Vs. The Income Tax Officer, Circle Kollam .......... Respondent Appellant By: ------- None ------- Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 24.02.2025 Date Of Pronouncement: 14.05.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)], Dated 19.05.2023 For Assessment Year (Ay) 2017-18. 2. Brief Facts Of The Case Are That The Appellant Is A District Co- Operative Bank Engaged In The Business Of Accepting Deposits From Members & Lending Money To Its Members. The Return Of Income For Ay 2017-18 Was Filed On 01.11.2017 Declaring Total Income At Rs. 16,14,89,500/-. Against The Said Return Of Income, The 2 Kollam District Co-Operative Bank Ltd. Assessment Was Completed By The Acit, Circle Kollam (Hereinafter Called "The Ao") Vide Order Dated 23.12.2019 Passed U/S. 143(3) Of The Act At A Total Income Of Rs. 26,20,34,663/-. While Doing So, The Ao Made The Following Disallowances/Additions: -

For Appellant: ------- None -------For Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 143(3)Section 36(1)(vii)Section 36(1)(viia)Section 40Section 48

TDS provisions. The assessee challenges the addition, as the deductor filed the returns of income. It is pleaded that the provision of section 40(i)(a) has no application. This plea was neither raised before the learned CIT(A) nor laid any factual foundation in support of the above contention. Therefore, no relief can be granted merely based