PERMALI WALLACE PVT. LTD,BHOPAL vs. ITO (IT & TP), BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

72 to 74 of order of FY 2013-14 & 2014-15 (AY 2014-15 & 2015-16): Page 3 of 29 Permali Wallace P. Ltd., Bhopal vs. ITO, Bhopal, ITA Nos.550 to 552/Ind/2018 - A.Ys.2014-15 to 2016-17 Page 4 of 29 Permali Wallace P. Ltd., Bhopal vs. ITO, Bhopal, ITA Nos.550 to 552/Ind/2018 - A.Ys

PERMALI WALLACE PVT. LTD,BHOPAL vs. ITO (IT & TP), BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

72 to 74 of order of FY 2013-14 & 2014-15 (AY 2014-15 & 2015-16): Page 3 of 29 Permali Wallace P. Ltd., Bhopal vs. ITO, Bhopal, ITA Nos.550 to 552/Ind/2018 - A.Ys.2014-15 to 2016-17 Page 4 of 29 Permali Wallace P. Ltd., Bhopal vs. ITO, Bhopal, ITA Nos.550 to 552/Ind/2018 - A.Ys

PERMALI WALLACE PVT. LTD,BHOPAL vs. ITO (IT & TP), BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

72 to 74 of order of FY 2013-14 & 2014-15 (AY 2014-15 & 2015-16): Page 3 of 29 Permali Wallace P. Ltd., Bhopal vs. ITO, Bhopal, ITA Nos.550 to 552/Ind/2018 - A.Ys.2014-15 to 2016-17 Page 4 of 29 Permali Wallace P. Ltd., Bhopal vs. ITO, Bhopal, ITA Nos.550 to 552/Ind/2018 - A.Ys

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

section 194J of the Income-tax Act was required to be deducted by the assessee on payment of interconnect user charges as it could not be categorized as fee for technical services?" 2. Admittedly the Karnataka High Court in CIT, TDS v. Vodafone South Ltd. [2016] 72

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

section 194J of the Income-tax Act was required to be deducted by the assessee on payment of interconnect user charges as it could not be categorized as fee for technical services?" 2. Admittedly the Karnataka High Court in CIT, TDS v. Vodafone South Ltd. [2016] 72

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

section 194J of the Income-tax Act was required to be deducted by the assessee on payment of interconnect user charges as it could not be categorized as fee for technical services?" 2. Admittedly the Karnataka High Court in CIT, TDS v. Vodafone South Ltd. [2016] 72

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE CIT (TDS), BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

section 194J of the Income-tax Act was required to be deducted by the assessee on payment of interconnect user charges as it could not be categorized as fee for technical services?" 2. Admittedly the Karnataka High Court in CIT, TDS v. Vodafone South Ltd. [2016] 72

IDEA CELLULAR LIMITED,INDORE vs. DCIT TDS, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Vodafone Idea Ltd. Cit (Tds), बनाम/ (Formerly M/S Idea Bhopal Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent) M/S Vodafone Idea Ltd. Dcit/Jcit (Tds), बनाम/ (Formerly M/S Idea Indore Vs. Cellular Ltd.), 139-140, Electronics Complex, Pardeshipura, Indore (Assessee/Appellant) (Revenue/Respondent)

section 194J of the Income-tax Act was required to be deducted by the assessee on payment of interconnect user charges as it could not be categorized as fee for technical services?" 2. Admittedly the Karnataka High Court in CIT, TDS v. Vodafone South Ltd. [2016] 72

THE DCIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

section 9(1)(vi) and section 9(1)(vii)of the Act as well as under India- Austria Tax Treaty on which TDS was not made hence, the AO has rightly disallowed the same under section 40(a)(ia) of the Act. 6.5. We have heard the rival submissions of both the parties and have perused the material available

M/S ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS V A TECH HYDRO INDAI PVT. LTD.),MANDIDEEP vs. THE ACIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

section 9(1)(vi) and section 9(1)(vii)of the Act as well as under India- Austria Tax Treaty on which TDS was not made hence, the AO has rightly disallowed the same under section 40(a)(ia) of the Act. 6.5. We have heard the rival submissions of both the parties and have perused the material available

M/S. ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS VA TECH HYDRO INDIA PRIVATE LIMITED),BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

section 9(1)(vi) and section 9(1)(vii)of the Act as well as under India- Austria Tax Treaty on which TDS was not made hence, the AO has rightly disallowed the same under section 40(a)(ia) of the Act. 6.5. We have heard the rival submissions of both the parties and have perused the material available

THE ACIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

section 9(1)(vi) and section 9(1)(vii)of the Act as well as under India- Austria Tax Treaty on which TDS was not made hence, the AO has rightly disallowed the same under section 40(a)(ia) of the Act. 6.5. We have heard the rival submissions of both the parties and have perused the material available

HARLEEN KAUR BHATIA,INDORE vs. PR. CIT-2, INDORE

In the result, both the appeals of the assessee(s) in ITANo

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2015-16

TDS @ 2% under section 194DA on maturity value and you have received premature maturity value in Feb, 2015 whereas the actual date of maturity is 28.04.2015. In view of amendment provisions of explanation (1) of section 10(10D) of the Act, the receipt are taxable in the hands of assignee i.e. assessee even if they are assigned before the date

GURVINDER KAUR BHATIA ,INDORE vs. PR. CIT-2, INDORE

In the result, both the appeals of the assessee(s) in ITANo

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2015-16

TDS @ 2% under section 194DA on maturity value and you have received premature maturity value in Feb, 2015 whereas the actual date of maturity is 28.04.2015. In view of amendment provisions of explanation (1) of section 10(10D) of the Act, the receipt are taxable in the hands of assignee i.e. assessee even if they are assigned before the date

ASSISTANT COMMISSIONER OF INCOME TAX- 2(1), INDORE vs. M/S. IDEAL ASHIYANA PRIVATE LIMITED, INDORE

Bench: Ms. Madhumita Roy & Shri B.M. Biyaniassessment Year: 2013-14 Acit-2(1) M/S Ideal Ashiyana Indore Private Ltd., Indore बनाम/ Vs. (Appellant / Revenue) (Respondent / Assessee) Pan: Aadci 0029 F Assessee By Shri Pankaj Shah, Ar Revenue By Shri P.K. Mitra, Cit-Dr Date Of Final Hearing 27.09.2022 Date Of Pronouncement 15.12.2022

72,500 to Shri Madhav Rao. Section 40A(3) can be read as:- “Where the assessee incurs any expenditure in respect of which a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty thousand rupees, no deduction shall

M.P.GRAMIN BANK ,PADIYAL vs. THE ACIT,CPC -TDS , GHAZIABAD

In the result, all 10 appeals at the instance of assessee(s) are allowed

Bench: Shri Chandra Mohan Garg

72 CIT (A), Indore- 2/10117/2020- ITA 293/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2012-13 Q2 26Q 7800 21 2-Aug-22 73 CIT (A), Indore- 2/10121/2020- ITA 294/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2012-13 Q3 26Q 4299 21 2-Aug-22 74 CIT (A), Indore- 2/10140/2020- ITA 295/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2013-14 Q2 26Q 2420 21 2-Aug-22 75 ITA 296/Ind/2022

M.P.GRAMIN BANK ,AJANDA vs. THE ACIT,CPC -TDS , GHAZIABAD

In the result, all 10 appeals at the instance of assessee(s) are allowed

Bench: Shri Chandra Mohan Garg

72 CIT (A), Indore- 2/10117/2020- ITA 293/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2012-13 Q2 26Q 7800 21 2-Aug-22 73 CIT (A), Indore- 2/10121/2020- ITA 294/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2012-13 Q3 26Q 4299 21 2-Aug-22 74 CIT (A), Indore- 2/10140/2020- ITA 295/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2013-14 Q2 26Q 2420 21 2-Aug-22 75 ITA 296/Ind/2022

M.P.GRAMIN BANK ,BHESOLA vs. THE ACIT,CPC -TDS , GHAZIABAD

In the result, all 10 appeals at the instance of assessee(s) are allowed

Bench: Shri Chandra Mohan Garg

72 CIT (A), Indore- 2/10117/2020- ITA 293/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2012-13 Q2 26Q 7800 21 2-Aug-22 73 CIT (A), Indore- 2/10121/2020- ITA 294/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2012-13 Q3 26Q 4299 21 2-Aug-22 74 CIT (A), Indore- 2/10140/2020- ITA 295/Ind/2022 PITHAMPUR BRANCH BPLJ01610A 2013-14 Q2 26Q 2420 21 2-Aug-22 75 ITA 296/Ind/2022