SURYA MERCHANTS LTD.,NEW DELHI vs. DCIT, GHAZIABAD

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

Bench: Sh. R.K. Panda & Ms. Suchitra Kamble

TDS on payments to agents. In view of the above, I do not find merit in the submission and verbal arguments of Ld. A. r. the addition made by A.O. by invoking section 40A

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

40A(5) of the Act now stands, it is not possible to answer the said question in the manner suggested by the Department. Accordingly, we answer question in the affirmative, i.e., in favour of the assessee and against the Revenue.” 24. Parliament was aware of the pre-existing law, and therefore, stepped in to clarify that only a monetary benefit

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

40A(5) of the Act now stands, it is not possible to answer the said question in the manner suggested by the Department. Accordingly, we answer question in the affirmative, i.e., in favour of the assessee and against the Revenue.” 24. Parliament was aware of the pre-existing law, and therefore, stepped in to clarify that only a monetary benefit

YOSHIO KUBO vs. COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

40A(5) of the Act now stands, it is not possible to answer the said question in the manner suggested by the Department. Accordingly, we answer question in the affirmative, i.e., in favour of the assessee and against the Revenue.” 24. Parliament was aware of the pre-existing law, and therefore, stepped in to clarify that only a monetary benefit

HERO MOTOCORP LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result appeal No. 2424/Del/ 2015 filed by the revenue in assessment year 2010-11 is partly allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamble

40a(ia) for alleged failure to deduct TDS u/s 194C of the Act amounting to Rs. 5063.08 crores, it can be seen that in the course of business of manufacturing two wheelers, the assessee places purchase orders on vendors of certain customized intermediary products like wheel assembly, seat assembly, etc. While placing the aforesaid purchase orders to the vendors

HERO MOTOCORP LTD.,,NEW DELHI vs. ADDL.CIT, RANGE-11, NEW DELHI

In the result ground No

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6990/Del/2017 (A.Y 2013-14)

Section 2(22)(e) will not be applicable in the present case. The issue is squarely covered by the order of the Tribunal for A.Ys. 2010-11 and 2011-12. Therefore, Ground Nos. 10 to 10.3 are allowed in favour of the assessee. 34. As regards to Ground No. 11 to11.1 relating to disallowance of payments made for advisory services

SERCO INDIA PVT. LTD.,PUNE vs. DCIT, GURGAON

In the result, appeal filed by the Assessee stands allowed

Bench: Shrianil Chaturvedi, Am & Shri N. K. Choudhry, Jm

section 40a(i) of the Act, for non- deduction of TDS under section 195 of the Act. 7 Serco India

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

section 40a(ia) vide the Finance Act 2014, w.e.f. 01.04.2015 wherein the disallowance of expenditure was reduced from 100% to 30% in cases where the TDS

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

section 40a(ia) vide the Finance Act 2014, w.e.f. 01.04.2015 wherein the disallowance of expenditure was reduced from 100% to 30% in cases where the TDS

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

section 40a(ia) vide the Finance Act 2014, w.e.f. 01.04.2015 wherein the disallowance of expenditure was reduced from 100% to 30% in cases where the TDS

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS

DCIT CENTRAL CIRCLE-2, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS

SHIV SHAKTI CONSTRUCTIONS,GAUTAM BUDH NAGAR vs. ACIT, CENTRAL CIRCLE-11, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS

DCIT, CENTRAL CIRCLE-II, NOIDA vs. SHIV SHAKTI CONSTRUCTION, GREATER NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS

SHIV SHAKTI CONSTRUCTONS ,GAUTAM BUDH NAGAR vs. ACIT CENTAL CIRCLE-2, NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS

SHIV SHAKTI CONSTRUCTION,GAUTAM BUDH NAGER vs. ACIT, CENTRAL CIRCLE-2 , NOIDA

In the result, all the Revenue’s Appeals are dismissed

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

Section 40A(3) of the Act. The breach of S. 40A(3) has not been demonstrated by the AO qua the books seized. (x) As regards estimated disallowance of 10% of the employees’ expenses, the TDS