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434 results for “TDS”+ Section 20(3)clear

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Key Topics

Addition to Income61TDS51Section 143(3)48Section 201(1)39Section 14835Section 12A35Section 26334Deduction31Section 271C30Section 147

ACIT, CIRCLE, BHARATPUR vs. M/S. JAGDAMBE STONE COMPANY, BHARATPUR

In the result, this appeal of the Revenue is dismissed

ITA 1171/JPR/2019[2015-16]Status: DisposedITAT Jaipur12 Mar 2021AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am

For Appellant: Shri Nitesh Gupta (CA)For Respondent: Smt. Rooni Paul (Addl.CIT-DR) fu/kZkfjrh dh vksj ls@
Section 143(2)Section 194C(6)Section 194C(7)Section 40

TDS provisions have to be read limited to provisions of section 194C(6) or have to be read together in terms of section 194C(6) and section 194C(7) of the Act. The relevant provisions read as under: 81 194C. 82(1) Any person responsible for paying any sum83 to any resident (hereafter in this section referred

Showing 1–20 of 434 · Page 1 of 22

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29
Section 20129
Disallowance29

CANTT BOARD,AJMER vs. INCOME TAX OFFICER (TDS), AJMER, AJMER

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

ITA 660/JPR/2017[2014-15 (F.Y. 2013-14 FORM 24Q-Q3 )]Status: DisposedITAT Jaipur18 Sept 2017
For Appellant: WRITTEN SUBMISSIONSFor Respondent: Shri Ajay Mallik (Addl.CIT)
Section 249(2)Section 282Section 282(2)Section 5Section 66A

20 years, namely, Sreenivasa General Traders v. State of A.P. [(1983) 4 SCC 353], City Corpn. of Calicut v. Thachambalath Sadasivan [(1985) 2 SCC 112 : 1985 SCC (Tax) 211], Sirsilk Ltd. v. Textiles Committee [1989 Supp (1) SCC 168 : 1989 SCC (Tax) 219], Commr. & Secy. to Govt., Commercial Taxes & Religious Endowments Deptt. v. Sree Murugan Financing Corpn. [(1992) 3

SUBHASH CHAND NAWAL (HUF),AJMER vs. INCOME TAX OFFICER, AJMER

In the result, the appeal of the assessee is allowed for statistical purposes only

ITA 1037/JPR/2017[2014-15 (26Q-Q1, 2, 3, 4TH)]Status: DisposedITAT Jaipur29 Mar 2018
For Appellant: None (One set W.S. filed)For Respondent: Shri J.C. Kulhari (JCIT)
Section 192Section 200(3)Section 206CSection 234ESection 249(2)Section 5

TDS return/statements beyond the time prescribed by the Act and/or the Rules. We therefore cannot agree with the argument of the Petitioners that the fee that is sought to be collected under section 234E of the Act is really nothing but a collection in the guise of a tax. 16. We are supported in our view by a judgment

SUBHASH PARETA,KOTA vs. ACIT, KOTA

In the result, the appeal of the assessee and the revenue are disposed off with above directions

ITA 434/JPR/2016[2011-12]Status: DisposedITAT Jaipur09 Oct 2017AY 2011-12
For Appellant: NoneFor Respondent: Shri S.L.Chandel (Addl. CIT) fu/kZkfjrh dh vksj ls@
Section 142Section 40A(3)Section 69Section 69C

20,000 for entries numbered 209,210,211 has narrated that this is “site advance to RIICO Ramganj Mandi for expenses Imprest account.” In view of this, assessee’s argument than no work order has been executed for RIICO is untenable. iii) For entry No. 75 pertaining to jewellery purchased, the narration of special auditor states that “amount appears

M/S WORLD TRADE PARK LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX (TDS), JAIPUR

In the result, the penalty levied in 3 cases is hereby directed to be deleted subject to verification of payment of taxes along with fee and interest

ITA 170/JPR/2018[2013-14 (26Q OF 1ST QTR.)]Status: DisposedITAT Jaipur14 Jun 2018
For Appellant: Shri Ashish Sharma (Advocate)For Respondent: Smt. Poonam Rai (DCIT)
Section 234ESection 271HSection 271H(2)Section 273B

TDS statements even after depositing of the taxes and since there is delay in filing the statement the provisions of section 271H are attracted and he therefore, levied the penalty of Rs. 20,000/- for each of the 4 quarters. 3

AMAN EXPORTS INTERNATIONAL,JAIPUR vs. DCIT CIRCLE 1, JAIPUR

In the result, appeal of the assessee is partly allowed

ITA 147/JPR/2023[2012-13]Status: DisposedITAT Jaipur24 Aug 2023AY 2012-13

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Tatiwal (CA)For Respondent: Smt. Runi Pal (Addl. CIT) &
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 148Section 40A(3)

section 40A(3). Ground No. 4 That the assesse provided all relevant documents confirmations to prove genuineness creditworthiness and identity of creditor hence the addition made treating the same as purchase as bad in law and hence no further addition in respect of other disallowance can be made Had the learned Assessing Officer had not made addition u/s 68 which

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

ITA 962/JPR/2024[2015-2016]Status: DisposedITAT Jaipur24 Sept 2025AY 2015-2016
For Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 11Section 11(2)Section 143(3)Section 147Section 40

20,00,440/- being 15% of Rs 8,00,02,935/- on account of construction expenses and adding it in total income of the assessee appellant without considering the fact that it was never claimed by the assessee appellant. 7. That on the facts and in the circumstances of the case, the ld.Lower Authorities grossly erred in disallowing Rs 3

CHAMBAL FERTILISERS AND CHEMICALS LIMITED,KOTA GADEPAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, SAVINA-UDAIPUR

ITA 694/JPR/2024[2018-19]Status: DisposedITAT Jaipur25 Oct 2024AY 2018-19
For Appellant: Shri Sanjay Jhanwar, Adv. & Shri Mukesh SoniFor Respondent: Shri Arvind Kumar, CIT
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 194ASection 195Section 263Section 90

section are duly complied, they are: i). The original order must be erroneous in law; and ii). The order should be prejudicial to the interest of the revenue. 2. The assessee through its submissions and replies dated: • 20.10.2023 (Page No. 7-9 of Order of PCIT dated 20-03-2024), • 04.01.2024(Page No. 22-23 and 24-25 of Order

M/S KOTA DALL MILL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

ITA 998/JPR/2018[2011-12]Status: DisposedITAT Jaipur31 Dec 2018AY 2011-12
For Appellant: Shri Vijay Goyal & Shri Gulshan Agarwal (CAs)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 143(3)Section 153ASection 153B(1)(b)Section 68

20,14,999/- | 68 of the Act in the form of | unsecured loan and partner’s | capital Assessed income Rs. 70,02,98,459/- R/o Rs. 70,02,98,459/- The total income of the assessee in the status of Firm for Assessment Year 2010-11 relevant to Previous Year 2009-10 is assessed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. M/S KOTA DALL MILL, KOTA

ITA 1057/JPR/2018[2010-11]Status: DisposedITAT Jaipur31 Dec 2018AY 2010-11
For Appellant: Shri Vijay Goyal & Shri Gulshan Agarwal (CAs)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 143(3)Section 153ASection 153B(1)(b)Section 68

20,14,999/- | 68 of the Act in the form of | unsecured loan and partner’s | capital Assessed income Rs. 70,02,98,459/- R/o Rs. 70,02,98,459/- The total income of the assessee in the status of Firm for Assessment Year 2010-11 relevant to Previous Year 2009-10 is assessed

M/S KOTA DALL MILL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

ITA 997/JPR/2018[2010-11]Status: DisposedITAT Jaipur31 Dec 2018AY 2010-11
For Appellant: Shri Vijay Goyal & Shri Gulshan Agarwal (CAs)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 143(3)Section 153ASection 153B(1)(b)Section 68

20,14,999/- | 68 of the Act in the form of | unsecured loan and partner’s | capital Assessed income Rs. 70,02,98,459/- R/o Rs. 70,02,98,459/- The total income of the assessee in the status of Firm for Assessment Year 2010-11 relevant to Previous Year 2009-10 is assessed

M/S KOTA DALL MILL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

ITA 999/JPR/2018[2012-13]Status: DisposedITAT Jaipur28 Dec 2018AY 2012-13
For Appellant: Shri Vijay Goyal & Shri Gulshan Agarwal (CAs)For Respondent: Shri Varinder Mehta (CIT)
Section 132Section 143(3)Section 153ASection 153B(1)(b)Section 68

20,14,999/- | 68 of the Act in the form of | unsecured loan and partner’s | capital Assessed income Rs. 70,02,98,459/- R/o Rs. 70,02,98,459/- The total income of the assessee in the status of Firm for Assessment Year 2010-11 relevant to Previous Year 2009-10 is assessed

ITO, KOTA vs. BABU LAL SOMANI, KOTA

ITA 931/JPR/2013[2009-10]Status: DisposedITAT Jaipur18 Sept 2017AY 2009-10
For Appellant: NoneFor Respondent: Shri Ajay Chandra (CIT) fu/kZkfjrhdh vksj ls@
Section 133ASection 142Section 143(3)Section 69C

20,88,402, differences in ledgers u/s 69B amounting to Rs 28,30,670, transportation charges paid to various truck owners for supply of ballast/grit to railway u/s 69C amounting to Rs 3,00,000, addition on account of non-deduction of TDS on labour & transactions u/s 40(a)(ia) amounting to Rs 27,15,203, addition under section

RAMDAS TRADING COMPANY,ALWAR vs. INCOME TAX OFFICER-TDS, ALWAR

In the result, appeal of the assessee is allowed for statistical purposes

ITA 746/JPR/2017[2008-09]Status: DisposedITAT Jaipur17 May 2018AY 2008-09
For Appellant: Shri Shravan Kr. Gupta (Adv)For Respondent: Shri J.C. Kulhari (Addl.CIT)
Section 201Section 201(1)Section 201(3)Section 206C

3) can be reasonably applied in the present case even though the proceedings are initiated in context of section 206C relating to default in collection of TCS in absence of specific limitation provisions provided under section 206C of the Act. 19. Even though the provisions of section 201 and section 206C are separate and independent provisions, the nature

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

ITA 900/JPR/2018[2011-12]Status: DisposedITAT Jaipur28 Oct 2022AY 2011-12
For Appellant: Shri Manish Agarwal(C.A.)For Respondent: Shri P.R. Meena (CIT) a
Section 145(3)Section 40

TDS is not M/s Silvex & Co. (India) Ltd. covered under the section 40(a)(ii) of the Income Tax Act, 1961 and it is allowable expenditure u/s 37 of the Income Tax Act, 1961. The Ld. AO has made the disallowance without appreciating genuineness of claim and submission made therefore the disallowances so made deserves to be deleted.” 901/JP/2018 submission

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

ITA 901/JPR/2018[2012-13]Status: DisposedITAT Jaipur28 Oct 2022AY 2012-13
For Appellant: Shri Manish Agarwal(C.A.)For Respondent: Shri P.R. Meena (CIT) a
Section 145(3)Section 40

TDS is not M/s Silvex & Co. (India) Ltd. covered under the section 40(a)(ii) of the Income Tax Act, 1961 and it is allowable expenditure u/s 37 of the Income Tax Act, 1961. The Ld. AO has made the disallowance without appreciating genuineness of claim and submission made therefore the disallowances so made deserves to be deleted.” 901/JP/2018 submission

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE, JAIPUR, JAIPUR RAJASTHAN vs. NAVRATAN VIDHA MANDIR SHIKSHA SAMITI, JAIPUR RAJASTHAN

In the result appeal filed by the Department is dismissed and the C

ITA 201/JPR/2024[2012-13]Status: DisposedITAT Jaipur27 Sept 2024AY 2012-13

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C.Parwal, CAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 11Section 11(5)Section 13(1)(d)Section 145(3)

20 percent but there was no such profit in society, thus section 13 was not violated. It was held that assessee society had merely given interest free loan to another society and Loan was neither investment nor deposit. Section 13(3) is not applicable in this case. Thus there was no violation of section 13 and Revenue’s appeal dismissed

INCOME TAX OFFICER, TDS-3, JAIPUR vs. M/S EID MOHAMMAD NIZAMUDDIN , TONK

In the result, all the appeals of the revenue are dismissed

ITA 19/JPR/2019[2012-13]Status: DisposedITAT Jaipur23 Jul 2019AY 2012-13
For Appellant: Shri Hemang Gargieya &For Respondent: Shri K.C. Meena (Addl.CIT) fu/kZkfjrh dh vksj ls@
Section 133ASection 153Section 201(3)Section 206(6)Section 206CSection 206C(1)Section 206C(6)Section 271C

3) was inserted to Section 201 of the Act and limitation has been provided for passing the order U/s 201(1) and 201(1A) of the Act. When this issue of limitation for passing the order U/s 201(1)/201(1A) of the Act came before the Courts, It was held that the Assessing Officer cannot be given unfettered powers

INCOME TAX OFFICER, TDS-3, JAIPUR vs. M/S EID MOHAMMAD NIZAMUDDIN , TONK

In the result, all the appeals of the revenue are dismissed

ITA 17/JPR/2019[2010-11]Status: DisposedITAT Jaipur23 Jul 2019AY 2010-11
For Appellant: Shri Hemang Gargieya &For Respondent: Shri K.C. Meena (Addl.CIT) fu/kZkfjrh dh vksj ls@
Section 133ASection 153Section 201(3)Section 206(6)Section 206CSection 206C(1)Section 206C(6)Section 271C

3) was inserted to Section 201 of the Act and limitation has been provided for passing the order U/s 201(1) and 201(1A) of the Act. When this issue of limitation for passing the order U/s 201(1)/201(1A) of the Act came before the Courts, It was held that the Assessing Officer cannot be given unfettered powers

INCOME TAX OFFICER, TDS-3, JAIPUR vs. M/S EID MOHAMMAD NIZAMUDDIN , TONK

In the result, all the appeals of the revenue are dismissed

ITA 18/JPR/2019[2011-12]Status: DisposedITAT Jaipur23 Jul 2019AY 2011-12
For Appellant: Shri Hemang Gargieya &For Respondent: Shri K.C. Meena (Addl.CIT) fu/kZkfjrh dh vksj ls@
Section 133ASection 153Section 201(3)Section 206(6)Section 206CSection 206C(1)Section 206C(6)Section 271C

3) was inserted to Section 201 of the Act and limitation has been provided for passing the order U/s 201(1) and 201(1A) of the Act. When this issue of limitation for passing the order U/s 201(1)/201(1A) of the Act came before the Courts, It was held that the Assessing Officer cannot be given unfettered powers