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46 results for “disallowance”+ Section 194C(7)clear

Sorted by relevance

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Key Topics

Section 4057Section 194C42Addition to Income40Deduction18Disallowance16Section 143(3)13TDS13Section 80P10Section 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

7 ….. (i) the provisions of section 194 shall apply to all types of contracts for carrying out any work including transport contract, service contracts, advertisement contracts, broadcasting contracts, telecasting contracts, labour contracts, materials contracts and works contract; (ii) .... (iii) .... (iv) .... (v) …. Service contracts would be covered by the provisions of this section since service means doing any work as explained

Showing 1–20 of 46 · Page 1 of 3

9
Section 698
Section 153C7

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 u/s.40(a)(ia) of the Act and applicability of Sec. 194C(3) ITA Nos.400

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 u/s.40(a)(ia) of the Act and applicability of Sec. 194C(3) ITA Nos.400

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 and 194J refer to any sum paid. Thus as TDS is to be deducted on `any sum paid’; hence it does not make any difference as to whether the sum is paid

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 and 194J refer to any sum paid. Thus as TDS is to be deducted on `any sum paid’; hence it does not make any difference as to whether the sum is paid

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,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

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

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

194C. The Ld. AR submitted that the amendment to section 40(a)(ia) by the Finance Act (No.2) Act 2014 with effect from 1-4-2015 is retrospective and the assessee is eligible to the benefit of the said amended provision, whereby, disallowance is limited to 30% of the amount paid instead of 100% disallowance made by the Assessing Authority

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

194C. The Ld. AR submitted that the amendment to section 40(a)(ia) by the Finance Act (No.2) Act 2014 with effect from 1-4-2015 is retrospective and the assessee is eligible to the benefit of the said amended provision, whereby, disallowance is limited to 30% of the amount paid instead of 100% disallowance made by the Assessing Authority

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

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 would be applicable when a person is responsible for paying any sum to any residents for carrying

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

section 28 to 44 DB that are required to convert the net profit and loss account into taxable business income. Aggrieved by the CIT(A)’s order, the assessee is in appeal before us. 7. The first issue came up for our consideration in assessee’s appeal is the additional ground raised by the assessee challenging the validity of assessment

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

section 28 to 44 DB that are required to convert the net profit and loss account into taxable business income. Aggrieved by the CIT(A)’s order, the assessee is in appeal before us. 7. The first issue came up for our consideration in assessee’s appeal is the additional ground raised by the assessee challenging the validity of assessment

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

section 28 to 44 DB that are required to convert the net profit and loss account into taxable business income. Aggrieved by the CIT(A)’s order, the assessee is in appeal before us. 7. The first issue came up for our consideration in assessee’s appeal is the additional ground raised by the assessee challenging the validity of assessment

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

7. The common ground in ITA No. 31/Coch/2019 in the case of Shri Jose Thomas and ITA No. 35/Coch/2019 in the case of Smt. Gracy Babu for the assessment year 2009-10 is with regard to assessment of extra fee collected from students as the income of the family head of the trustees instead of equally allocating among the trustees

THE ACIT, CEN-CIRCLE, KOTTAYAM vs. SRI.JOSE THOMAS, ADOOR

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

ITA 238/COCH/2019[2011-12]Status: DisposedITAT Cochin30 Sept 2019AY 2011-12

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

7. The common ground in ITA No. 31/Coch/2019 in the case of Shri Jose Thomas and ITA No. 35/Coch/2019 in the case of Smt. Gracy Babu for the assessment year 2009-10 is with regard to assessment of extra fee collected from students as the income of the family head of the trustees instead of equally allocating among the trustees

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

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

ITA 309/COCH/2019[2009-10]Status: DisposedITAT Cochin30 Sept 2019AY 2009-10

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

7. The common ground in ITA No. 31/Coch/2019 in the case of Shri Jose Thomas and ITA No. 35/Coch/2019 in the case of Smt. Gracy Babu for the assessment year 2009-10 is with regard to assessment of extra fee collected from students as the income of the family head of the trustees instead of equally allocating among the trustees