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10 results for “TDS”+ Section 145clear

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Key Topics

Section 26314Section 143(3)13Section 44A10Addition to Income8Section 1476Section 69A6Section 2503Section 10(26)3Section 145(3)3TDS

K B ASSOCIATES,GUWAHATI vs. DCIT, CIRCLE-3, GUWAHATI, GUWAHATI

ITA 46/GTY/2025[2017-18]Status: DisposedITAT Guwahati06 Aug 2025AY 2017-18

Bench: Ld AO. Full compliance was not even after penalty u/s 274 r.w.s 272A(1)(d) was imposed for incomplete compliance. Further, in the appeal proceeding also, the appellant has filed written submission only with respect to ground of appeal no 6. No details have been furnished except form no 26. Under the circumstances, the contention of the appellant all the compliances were made is totally incorrect. Under the circumstances, I find that Ld AO has correctly rejected the books of the appellant an

Section 143(3)Section 145Section 145(3)Section 250Section 274

section 145 of the Act merely on the ground that explanation for proportionately high refund of TDS is not furnished

M/S. NORTH EASTERN ELECTRIC POWER CORPORATION LTD.,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - SHILLONG, SHILLONG

3
Reassessment2
Search & Seizure2

In the result, the appeal of the assessee in ITA

ITA 45/GTY/2019[2014-15]Status: DisposedITAT Guwahati12 Dec 2022AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 143(3)Section 263

Section 145 of the Act except for the accounting of delayed payment surcharge on cash basis which means that the assessee is following hybrid system of accounting. The assessee being a Government Company was bound to follow the direction of the Ministry of Power so as to change the metehod of LPS from accrual to cash basis.That, in the case

M/S. NORTH EASTERN ELECTRIC POWER CORPORATION LTD.,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - SHILLONG, SHILLONG

In the result, the appeal of the assessee in ITA

ITA 418/GTY/2019[2014-15]Status: DisposedITAT Guwahati12 Dec 2022AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 143(3)Section 263

Section 145 of the Act except for the accounting of delayed payment surcharge on cash basis which means that the assessee is following hybrid system of accounting. The assessee being a Government Company was bound to follow the direction of the Ministry of Power so as to change the metehod of LPS from accrual to cash basis.That, in the case

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

ITA 40/GTY/2022[2013-14]Status: HeardITAT Guwahati03 Apr 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

For Appellant: (1) That on the facts and in the circumstances of the case
Section 143(3)Section 147Section 148Section 153Section 153C

TDS was also deducted by the contract awarding parties. (Copy of bank statement showing the same is enclosed with this submission) Hence, the major facts being on record, it was the responsibility of the learned Assessing Officer to have conducted proper enquiries in this regard. Merely placing reliance on the statements recorded by the officer of the Investigation Wing cannot

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

ITA 1/GTY/2023[2013-14]Status: HeardITAT Guwahati03 Apr 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

For Appellant: (1) That on the facts and in the circumstances of the case
Section 143(3)Section 147Section 148Section 153Section 153C

TDS was also deducted by the contract awarding parties. (Copy of bank statement showing the same is enclosed with this submission) Hence, the major facts being on record, it was the responsibility of the learned Assessing Officer to have conducted proper enquiries in this regard. Merely placing reliance on the statements recorded by the officer of the Investigation Wing cannot

RAITANI ENGINEERING WORKS (P) LTD,GUWAHATI vs. JOINT COMMISSIONER OF INCOME TAX, RANGE-3, GUWAHATI

Appeal is partly allowed in above terms

ITA 85/GTY/2014[2010-11]Status: DisposedITAT Guwahati06 Sept 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11 Raitani Engineering Works V/S. Jcut, Range-3, (P) Ltd., Railway Colony, Aayakar Bhawan, Pan Bazar, Guwahati- G.S. Road, Christan 781001 Basti, Guwahati- [Pan No.Aaacr 6691 K] 781005 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Somnath Ghosh, Advocate अपीलाथ" क" ओर से/By Assessee Shri Rabindro Singh, Jcit, Dr ""यथ" क" ओर से/By Respondent 02-07-2019 सुनवाई क" तार"ख/Date Of Hearing 06-09-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Bench:- This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (Appeals)-Guwahati’S Order Dated 19.02.2014 Passed In Case No.Guwa-60/2013-14, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’). Heard Both The Parties. The Assessee’S Detailed Paper Book Running Into 132 Pages Comprising Of Various Documents, The Assessing Officer’S Notice During Scrutiny, Cash Book Of Assessee’S Head Office, Computation, Financial Statements; Stands Perused.

Section 143(3)Section 145

section 145 of the Act and so estimated the net profit at Rs.2,86,70,423/- @ 6% of the total turnover i.e. Rs.47,78,40,398/- over and above 3.78% of net profit already disclosed by the assessee. aggrieved, assessee preferred appeal CIT(A), who was pleased to confirm the action of AO. aggrieved, assessee is before

M/S. K. B. ASSOCIATES,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

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

ITA 472/GTY/2019[2016-17]Status: DisposedITAT Guwahati29 Dec 2022AY 2016-17

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradi.T.A. No.472/Gty/2019 Assessment Year: 2016-17 M/S K. B. Associates.....…………………………....................……….……Appellant Nilomani Phukan Path, Christian Basti, Guwahati-781005. [Pan: Aajfk6526E] Vs. Dcit, Circle-3, Guwahati……..….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. I. Gyaneshori Devi, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 19, 2022 Date Of Pronouncing The Order : December 29, 2022 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To Assessment Year 2016-17 Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)-2, Guwahati [Hereinafter Referred To As ‘Cit(A)’] Dated 30.09.2019 Is Arising Out Of The Order U/S 143(3) Of The Act Dated 08.12.2018. 2. When The Case Was Called, None Appeared On Behalf Of The Assessee. A Perusal Of The Appeal File Shows That Even After Providing Opportunity, The Assessee Failed To Appear. It Seems That Assessee Is Not Interested To Pursue The Appeal. We, Therefore, Decide To Hear This Appeal With The Assistance Of The Ld. Departmental Representative & Adjudicate The Same On Merits.

Section 143(2)Section 143(3)Section 144Section 234A

145(3) of the Act and based on the TDS details available on Form 26AS showing the receipts at Rs. 2,60,71,952/-, ld. A.O estimated the net profit @50% of the total turnover and calculated the estimated net profit at Rs.1,30,35,976/-. Since the assessee has shown net profit @18.43%, a difference of the said amount

SAUQUL ISLAM,NORTH LAKHIMPUR vs. INCOME TAX OFFICER, WARD-NORTH LAKHIMPUR, NORTH LAKHIMPUR

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

ITA 235/GTY/2019[2014-15]Status: DisposedITAT Guwahati31 Jul 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.235/Gau/2019 ("नधा"रणवष" / Assessment Year:2014-15)

For Appellant: Shri Anil Kumar Agarwal, FCAFor Respondent: Shri T. Hunar, JCIT
Section 143(3)Section 44A

TDS provisions, details of payments of tax, cess, duty, fees, compliance with provisions of section 40A(3) of the Act, maintenance of inventory records etc. The appellant would accordingly get a relief of 3% of the net profit rate. Thus, out of the total addition of Rs.15,67,258/-, an addition of Rs.896459/- (i.e. 5% of Rs.2

INCOME TAX OFFICER, WARD NORTH LAKHIMPUR vs. BIRI KAKUM, ESS SECTOR

Appeal is dismissed

ITA 170/GTY/2025[2021-22]Status: DisposedITAT Guwahati16 Oct 2025AY 2021-22

Bench: The Ld. Ao. The Ld. Ao Was Not Satisfied With The Response Given By The Assessee & Made The Impugned Addition With The Following Finding:

Section 10(26)Section 145(3)Section 250

Section 250 of Income Tax Act, 1961 (hereafter “the Act”) passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereafter “the Ld. CIT(A)”], dated 16.04.2025. 2 In this case, the Ld. AO found that the assessee had made substantial purchase from suppliers, who are either non-filers or have filed non-business ITRs

SUBHASH CHAND CHORARIA,GUWAHATI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2, GUWAHATI

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

ITA 63/GTY/2024[2017-18]Status: DisposedITAT Guwahati16 Oct 2025AY 2017-18

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 115BSection 143(2)Section 143(3)Section 250Section 69A

section 115BBE of the Act and the Ld. CIT(A) not being justified in partially sustaining the addition of ₹7,42,397/- out of the same. A perusal of the assessment order shows that the assessee had filed the return of income showing total income of ₹27,41,140/- and the notice for hearing was issued to furnish certain particulars