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48 results for “disallowance”+ Section 194Cclear

Sorted by relevance

Mumbai548Kolkata416Delhi402Chennai200Bangalore181Ahmedabad135Hyderabad69Jaipur58Cuttack52Cochin48Rajkot42Visakhapatnam40Raipur38Pune38Indore36Nagpur25Chandigarh25Amritsar21Surat19Panaji17Karnataka15Lucknow14Allahabad13Ranchi12Guwahati11Calcutta7Kerala7Patna6Jodhpur5Dehradun5Agra4SC3Jabalpur3Telangana2Gauhati1Uttarakhand1Rajasthan1Varanasi1

Key Topics

Section 4063Section 194C44Addition to Income41Deduction19Disallowance17TDS15Section 143(3)14Section 80P12Section 19410Section 10

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

section 194C of the Act. If revenue felt that Assessing Officer had taken an erroneous view with regard to application of Sec. 194C of the Act, it should have taken recourse to other remedies under the Act, to address such a situation and cannot improve its case now before us. Since assessee was not liable to deduct TDS on payments

Showing 1–20 of 48 · Page 1 of 3

9
Section 698
Section 153C7

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)

disallowed all these payments by invoking provisions of section 40(a)(ia) of the Act. The CBDT vide circular No.715 dated 8.8.1995 has also clarified that sections 194C

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)

disallowed all these payments by invoking provisions of section 40(a)(ia) of the Act. The CBDT vide circular No.715 dated 8.8.1995 has also clarified that sections 194C

M/S.RAJA &CO,PALAKKAD vs. THE DCIT, THRISSUR

In the result, the appeals of the assessee are dismissed

ITA 159/COCH/2019[2009-10]Status: DisposedITAT Cochin26 Jun 2019AY 2009-10

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

Section 194CSection 40

section 194C are not applicable to the appellant. 3. The appellant has made the payment to the transporter on behalf of the seller and provisions of sec. 194C are not attracted. I.T.A. Nos.158&159//Coch/2019 4. Without prejudice to the above contention, the amendments to sec. 40(a)(ia) by Finance Act (No.2), 2014 is retrospective and the disallowance

M/S.RAJA &CO,PALAKKAD vs. THE DCIT, THRISSUR

In the result, the appeals of the assessee are dismissed

ITA 158/COCH/2019[2008-09]Status: DisposedITAT Cochin26 Jun 2019AY 2008-09

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

Section 194CSection 40

section 194C are not applicable to the appellant. 3. The appellant has made the payment to the transporter on behalf of the seller and provisions of sec. 194C are not attracted. I.T.A. Nos.158&159//Coch/2019 4. Without prejudice to the above contention, the amendments to sec. 40(a)(ia) by Finance Act (No.2), 2014 is retrospective and the disallowance

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

194C of the Act. Accordingly, the AO made addition of Rs. 6,01,35,577/- invoking provisions of section 40(a)(ia) of the Act. While doing so, the AO rejected the contention of the appellant that in the assessment year 2008-09, in the assessment made pursuant to the order of remand made by the Hon'ble High Court

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

194C of the Act. Accordingly, the AO made addition of Rs. 6,01,35,577/- invoking provisions of section 40(a)(ia) of the Act. While doing so, the AO rejected the contention of the appellant that in the assessment year 2008-09, in the assessment made pursuant to the order of remand made by the Hon'ble High Court

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

194C of the Act. Accordingly, the AO made addition of Rs. 6,01,35,577/- invoking provisions of section 40(a)(ia) of the Act. While doing so, the AO rejected the contention of the appellant that in the assessment year 2008-09, in the assessment made pursuant to the order of remand made by the Hon'ble High Court

CEE PEE MARBLE & GRANITES,MALAPPURAM vs. ITO, TIRUR

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 401/COCH/2011[2006-07]Status: DisposedITAT Cochin17 Mar 2017AY 2006-07

Bench: Shri Abraham P. George & Shri George George. K.] आयकर अपील सं./I.T.A. No.400/ Coch/2011 िनधा"रण वष" /Assessment Years : 2006-2007

For Respondent: Shri. Shanthom Bose, CIT, DR
Section 194Section 194CSection 194C(3)Section 3Section 40

Section 194C(3) of the Act, has not been verified by any of the lower authorities. We are of the opinion that considering the facts and circumstances, these are aspects are to be verified by the ld. Assessing Officer. We therefore, remit the issue of disallowance

CEE PEE GRANITES P.LTD,MALAPPURAM vs. ACIT, TIRUR

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 400/COCH/2011[2006-07]Status: DisposedITAT Cochin17 Mar 2017AY 2006-07

Bench: Shri Abraham P. George & Shri George George. K.] आयकर अपील सं./I.T.A. No.400/ Coch/2011 िनधा"रण वष" /Assessment Years : 2006-2007

For Respondent: Shri. Shanthom Bose, CIT, DR
Section 194Section 194CSection 194C(3)Section 3Section 40

Section 194C(3) of the Act, has not been verified by any of the lower authorities. We are of the opinion that considering the facts and circumstances, these are aspects are to be verified by the ld. Assessing Officer. We therefore, remit the issue of disallowance

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

disallowance of charges paid to MPCMS towards professional charges made by the appellant for non deduction of tax at source on such payments invoking provisions of section 40(a)(ia) of the Act. 11. Brief facts of the case are that the appellant had engaged services of an organization called MPCMS for rendering professional services in terms of agreement entered

SRI T.T.KURUVILLA,ALAPPUZHA vs. DCIT, ALAPPUZHA

In the result, the appeal filed by the Revenue is allowed for statistical

ITA 325/COCH/2010[2006-07]Status: DisposedITAT Cochin07 Jun 2017AY 2006-07

Bench: S/Shri Abraham P. George, Am & George George K., Jm

Section 194Section 194C(3)Section 40

disallowance made by the Assessing Officer. 4. On further appeal, the ITAT allowed the appeal of the assessee. The Tribunal relying on the order of the Special Bench of the Tribunal in the case of Merilyn Shipping & Transport vs. Addl. CIT (2012) 70 DTR 81 held that section 40(a)(ia) of the Act does not have application since

ITO, ALAPPUZHA vs. M/S.SOUTHERN MINERAL INDUSTRIES,, ALAPPUZHA

In the result, all the appeals filed by the Revenue stand dismissed

ITA 370/COCH/2013[2006-07]Status: DisposedITAT Cochin03 Oct 2017AY 2006-07

Bench: Shri P. K. Bansal & Shri George George K.

Section 194CSection 194ISection 201

194C and 194H in respect of transport charges, freight charges, commission and brokerage but in respect of lease hire charges, the CIT(A) took the view that the lease hire charges, as mentioned by the assessee in the profit & loss account, in substance does not represent the lease rent of the land but it represents consideration paid for extraction

INCOME TAX OFFICER, WARD 1 AND TPS, KANNUR vs. KANNUR BUILDING MATERIALS CO OPERATIVE SOCIETY LIMITED, PAPPINISSERY, KANNUR

In the result, the appeal filed by the revenue ITA No

ITA 600/COCH/2025[2013-14]Status: DisposedITAT Cochin29 Oct 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Anikesh Banerjee, Jm Assessment Year: 2013-14 The Income Tax Officer, Ward 1 & Tps .......... Appellant Aayakar Bhavban, Chovva P.O., Kannur 670006 Vs. Kannur Building Materials Co-Op. Society Ltd .......... Respondent No. C 1741, Pappinissery P.O., Kannur 670561 [Pan: Aaaak7151K]

For Appellant: Shri Amaljith P.J., CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 143(3)Section 194CSection 250Section 40Section 80Section 80PSection 80P(2)(a)

disallowance made under section 40(a)(ia) of the Act for non-deduction of TDS under section 194C, we find

M/S.ALLKOSHYS ALL SPICES,KOTTAYAM vs. THE ITO, KOTTAYAM

In the result, the appeal of the assessee is dismissed

ITA 340/COCH/2018[2010-11]Status: DisposedITAT Cochin07 Feb 2019AY 2010-11

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

Section 143(3)Section 194CSection 194ISection 40

disallowance under section 40(a)(ia) of the I.T. Act was justified as held by the co-ordinate Bench in the case of DCIT vs. Shri Reez Karakkattil Raghavan Friends Transport Co. (2013) 140 ITD 598 (Cochin) as under: “section 194C

M/S. PENTAGON BUILDERS,CALICUT vs. THE DCIT, CALICUT

In the result, the appeals filed by the assessee for the assessment years 2006-2007 to 2008-2009 are allowed for statistical purposes and appeal filed by the assessee for assessment year 2010-2011 ...

ITA 81/COCH/2016[2010-11]Status: DisposedITAT Cochin11 Dec 2017AY 2010-11

Bench: Shri George George K, Jm & Shri Manjunatha G, Am

For Appellant: Sri. G.Surendranatha RaoFor Respondent: Sri. A.Dhanaraj, Sr.DR
Section 1Section 143(2)Section 143(3)Section 153CSection 194CSection 40Section 40A

194C, unexplained credits in partners ITA Nos.78, 79, 80, 81/Coch/2016. 8 M/s.Pentagon Builders. capital account and disallowance of remuneration paid to partners u/s 40(b) of the Act. On going through the additions made by the A.O., prima facie it appears that the A.O. has not taken any reference to seized materials as a result of search. We further noticed

M/S. PENTAGON BUILDERS,CALICUT vs. THE DCIT, CALICUT

In the result, the appeals filed by the assessee for the assessment years 2006-2007 to 2008-2009 are allowed for statistical purposes and appeal filed by the assessee for assessment year 2010-2011 ...

ITA 80/COCH/2016[2007-08]Status: DisposedITAT Cochin11 Dec 2017AY 2007-08

Bench: Shri George George K, Jm & Shri Manjunatha G, Am

For Appellant: Sri. G.Surendranatha RaoFor Respondent: Sri. A.Dhanaraj, Sr.DR
Section 1Section 143(2)Section 143(3)Section 153CSection 194CSection 40Section 40A

194C, unexplained credits in partners ITA Nos.78, 79, 80, 81/Coch/2016. 8 M/s.Pentagon Builders. capital account and disallowance of remuneration paid to partners u/s 40(b) of the Act. On going through the additions made by the A.O., prima facie it appears that the A.O. has not taken any reference to seized materials as a result of search. We further noticed

M/S. PENTAGON BUILDERS,CALICUT vs. THE DCIT, CALICUT

In the result, the appeals filed by the assessee for the assessment years 2006-2007 to 2008-2009 are allowed for statistical purposes and appeal filed by the assessee for assessment year 2010-2011 ...

ITA 79/COCH/2016[2008-09]Status: DisposedITAT Cochin11 Dec 2017AY 2008-09

Bench: Shri George George K, Jm & Shri Manjunatha G, Am

For Appellant: Sri. G.Surendranatha RaoFor Respondent: Sri. A.Dhanaraj, Sr.DR
Section 1Section 143(2)Section 143(3)Section 153CSection 194CSection 40Section 40A

194C, unexplained credits in partners ITA Nos.78, 79, 80, 81/Coch/2016. 8 M/s.Pentagon Builders. capital account and disallowance of remuneration paid to partners u/s 40(b) of the Act. On going through the additions made by the A.O., prima facie it appears that the A.O. has not taken any reference to seized materials as a result of search. We further noticed

VISWANATHA SHENOY,ERNAKULAM vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(2), KOCHI, KOCHI

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

ITA 34/COCH/2024[2007-08]Status: DisposedITAT Cochin21 Feb 2025AY 2007-08

Bench: Shri Inturi Rama Rao & Shri Soundararajan K.Assessment Year : 2007-08

For Respondent: Shri Nithyananda
Section 194CSection 40

section 194C of Page 2 of 4 the Act and therefore the AO had issued a notice proposing to disallow

CARMEL EDUCATIONAL TRUST,PATHANAMTHITTA vs. DCIT,CEN- CIRCLE,, KOTTAYAM

In the result, the appeals of the assesses in ITA no

ITA 310/COCH/2019[2010-11]Status: DisposedITAT Cochin30 Sept 2019AY 2010-11

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

disallowed by the Assessing Officer, holding that it was income from other sources. The assessee appealed to the Commissioner, who came to the conclusion that the assessee was liable to pay tax on capital gains on the amount of Rs.35 lacs after deducting an amount of Rs.7 lacs as cost of acquisition. The Department and assessee challenged the decision before