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4 results for “TDS”+ Section 221clear

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Key Topics

Section 14A8Section 221(1)6Section 143(3)4Section 120(4)(b)2Section 140A(1)2Section 140A(3)2Section 133(6)2Penalty2TDS2

M/S. SARADA NIVAS (P) LIMITED,JAJPUR vs. ACIT,CIRCLE-1(1), CUTTACK

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

ITA 8/CTK/2021[2010-11]Status: DisposedITAT Cuttack09 Mar 2022AY 2010-11

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

For Appellant: Shri P.K.MishraFor Respondent: Shri Sovesh Chandra Mohanty, Sr
Section 140A(1)Section 140A(3)Section 143(3)Section 221(1)

TDS of Rs.955 before the date of filing of return in accordance with section 140A(1) of the Act. Thereafter, penalty proceedings u/s.140A(3) of the Act was initiated by issuing notice u/s.221(1) of the Act. Since the directors of the assessee company were busy in arranging funds for liquidation of bank loans, no appearance was made

M?S.SARADA NIVAS (P) LIMITED,JAJPUR vs. ACIT,CIRCLE-1(1), CUTTACK

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

ITA 9/CTK/2021[2011-12]Status: DisposedITAT Cuttack09 Mar 2022AY 2011-12

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

For Appellant: Shri P.K.MishraFor Respondent: Shri Sovesh Chandra Mohanty, Sr
Section 140A(1)Section 140A(3)Section 143(3)Section 221(1)

TDS of Rs.955 before the date of filing of return in accordance with section 140A(1) of the Act. Thereafter, penalty proceedings u/s.140A(3) of the Act was initiated by issuing notice u/s.221(1) of the Act. Since the directors of the assessee company were busy in arranging funds for liquidation of bank loans, no appearance was made

M/S. ALTRADE MINERALS PVT. LIMITED,ROURKELA vs. ACIT,CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR

In the result, appeal of the assessee is partly allowed

ITA 65/CTK/2023[2011-12]Status: DisposedITAT Cuttack16 Dec 2024AY 2011-12

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2011-12 M/S. Altrade Minerals Pvt /S. Altrade Minerals Pvt Vs. Asst. Asst. Commissioner Commissioner Of Of Ltd., C/O. Kadmawala & Co., C/O. Kadmawala & Co., Income Tax, Central Circle, Income Tax, Central Circle, C.A., C.A., Budhram Budhram Oram Oram Sambalpur Market, Market, Kachery Kachery Road, Road, Rourkela. Pan/Gir No. No.Aafca 7136 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri M.R.Sahu, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 16/12/20 2024 Date Of Pronouncement : 16/12/20 024

For Appellant: Shri M.R.Sahu, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 120(4)(b)Section 127Section 143(2)Section 143(3)Section 14A

221 ITR 568 and it has been held that before exercising power under Section 127(2) of Income-tax Act, 1961, it is mandatory on the part of authority concerned to record reasons for transferring assessment cases from one jurisdiction to other and also to give opportunity of hearing to the ass'essee. Denial of opportunity of hearing and lack

TRIJAL ENTERPRISES,BHUBANESWAR vs. ACIT, CIRCLE- 4(1), BHUBANESWAR

ITA 185/CTK/2020[2016-17]Status: DisposedITAT Cuttack15 Nov 2022AY 2016-17

Bench: S/Shri George Mathan & Arun Khodpiaassessment Year : 2016-17 Trijal Enterprises, Hall No.6, Vs. Acit, Circle-4(1), Fourth Floor, Bmc Bhawani Bhubaneswar Coom. Complex, Saheed Nagar, Bhubaneswar. Pan/Gir No.Aakft 6687 L (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra,Ca P.K.Panda, Ars Revenue By : Shri M.K.Gautam, Cit Dr Date Of Hearing : 15/11/2022 Date Of Pronouncement : 15/11/2022 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar Dated 22.6.2020 In Appeal No.0366/2018-19 For The Assessment Year 2016-17. 2. It Was Submitted By Ld Ar That The Assessee Is A Partnership Firm. The Partnership Firm Was Originally Constituted By Partnership Deed Dated 1.11.2015, Wherein, There Were Two Partners Namely; Shri Rajesh Polaki & Sri Malchit Chetan Kumar Patra. The Said Partnership Did Not Do Any Business. The Partnership Was Constituted For The Purpose Of Doing The Business Of Gold Jewellery. The Partnership Was Reconstituted On 1.3.2016, P A G E 1 | 37 Assessment Year : 2016-17

For Appellant: Shri P.K.Mishra,CA P.K.Panda, ARsFor Respondent: Shri M.K.Gautam, CIT DR
Section 131Section 133(6)Section 143(1)Section 68

221 ITR 239 (All), wherein, it has been held that “whether where deposits had been made by partners on very first day when partnership firm came into existence, onus was on the partners to explain the source of deposits made and if they failed to do so, amount could be added in their hands only and not in the hands