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228 results for “TDS”+ Section 35clear

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Key Topics

Section 143(3)92Addition to Income70Section 142(1)42Section 14839TDS39Section 14737Section 26335Disallowance32Section 143(2)30Section 153A

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, filing of PAN of the Payee-Transporter alone is sufficient and no confirmation letter as required by the learned CIT is required; (v) Sections 194C(6) and Section 194C(7) are independent of each other, and cannot be read together to attract disallowance u/s 40(a)(ia) read with Section 194C of the Act; and (vi) If the assessee

Showing 1–20 of 228 · Page 1 of 12

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27
Section 201(1)27
Deduction26

M/S AIRLINK INTERNATIONAL,B-6, SHAKTESH APARTMENT, MOTI DOONGRI ROAD, JAIPUR vs. CPC, BANGALORE/ ITO, WARD-5(2), JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed

ITA 401/JPR/2022[2017-18]Status: DisposedITAT Jaipur07 Feb 2023AY 2017-18

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri P.C. Parwal, C.AFor Respondent: Shri Chandra Prakash Meena, Addl.CIT
Section 143(1)Section 154Section 194CSection 194HSection 44A

35-37, Tulsidas Khemji Pvt. Ltd. along with sample invoice (PB 38-40) and CP Worldlines Pvt. Ltd. along with sample 4 M/s. Airlink International, Jaipur. invoice (PB 41-44) it can be noted that the invoices raised is only for freight charges. Hence, only because these 3 parties have deducted TDS on the amount

ASSOCIATED SOAPSTONE DISTRIBUTING CO PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JAIPUR, JAIPUR

ITA 243/JPR/2023[2018-19]Status: DisposedITAT Jaipur04 Mar 2024AY 2018-19
For Appellant: Shri Rohan Sogani, CAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 139(1)Section 143(2)Section 143(3)Section 14ASection 263Section 36(1)(ii)Section 37

35 to balance sheet, expenses of Rs 8,32,895/-\nand Rs.7,07,914/- was made in foreign currency to foreign\nparties. Both these amounts are prima facie liable to TDS u/s\n195 of the Act but as per clause 34(a) of form 3CD, the auditors\nhave reported that TDS u/s 195 was made only

ABHAY CHORDIA,JAIPUR vs. THE ACIT, JAIPUR

In the result the appeal filed by the assessee is allowed

ITA 1121/JPR/2025[2017-18]Status: DisposedITAT Jaipur12 Nov 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Dheeraj Borad, C.AFor Respondent: Shri Rajesh Ojha, Ld. CIT a
Section 143(1)Section 143(3)Section 250Section 68

35,91,454 by way of treating cash/SBNs deposited in bank account as unexplained income of the assessee will tantamount to double addition/taxation of the same receipts/income.” 3. Brief Facts of the case are that the assessee has e-filed his return of income for assessment year 2017-18 on 20.08.2017 declaring total income

SHRI KRISHNARAJ BUILDHOME PVT LTD,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

ITA 753/JPR/2023[2014-15]Status: DisposedITAT Jaipur14 Feb 2024AY 2014-15
For Appellant: Sh. Mukesh Kumar Sharma (Adv.)For Respondent: Sh. Monisha Choudhary (Addl.CIT)
Section 143(3)Section 271(1)(c)Section 43CSection 50

35 and section 37 of the Wealth-tax Act, 1957 (27\nof 1957), shall, with necessary modifications, apply in relation to such\nreference as they apply in relation to a reference made by the Assessing\nOfficer under sub-section (1) of section 16A of that Act.\n[Explanation 1]. —For the purposes of this section, \"Valuation Officer\" shall\nhave

M/S READY ROTI INDIA PVT. LTD.,F-28, RIICO INDUSTRIAL AREA, SARE KHURD, ALWAR vs. CPC-TDS/ ACIT/DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 105/JPR/2023[2021-22]Status: DisposedITAT Jaipur30 Jun 2023AY 2021-22

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Smt. Runi Pal (Addl.CIT)
Section 201Section 3(35)

35) of the General Clauses Act. However, the Ld. CIT(A) upheld the action of AO by holding that interest payable for delay in deposit of TDS is governed by the provisions of section

GILLETTE INDIA LIMITED,SPA-65A, INDUSTRIAL AREA, BHIWADI, DISTRICT- ALWAR vs. PCIT, JAIPUR-1, JAIPUR

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

ITA 313/JPR/2023[2016-17]Status: DisposedITAT Jaipur27 Sept 2023AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P. C. ParwalFor Respondent: Sh. Ajay Malik (CIT) a
Section 143(3)Section 192Section 194Section 195Section 263Section 36(1)(va)Section 40

TDS [ question no. 6, 31 – APB page 69 & 70 ] has already applied his mind and the ld. PCIT intend to invoke the provision of section 263 just to see the ld. AO should have made the enquiry the way he wanted and the same is not permissible under the law. As regards the delay in payment of ESI/PF

SUCHITA BHATIA,JAIPUR vs. DCIT CIR-6, JAIPUR, JAIPUR

In the result, this appeal of the assessee is allowed

ITA 902/JPR/2024[2016-17]Status: DisposedITAT Jaipur17 Mar 2025AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vivek Bhargav, C.AFor Respondent: Shri. Anup Singh, Addl.CIT a
Section 143(2)Section 250

35,000/- to Ganpati Communication. (c) TDS has been deducted by Vodafone M-Pesa Limited why they have deducted TDS we do not know. Whatever TDS they have deducted we claimed as TDS and we include Whole of transaction in our Books of accounts which is audited…..” In response to further query by the AO, the assessee produced confirmation

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

ITA 437/JPR/2018[2011-12]Status: DisposedITAT Jaipur30 Dec 2024AY 2011-12
Section 142(1)Section 143(3)Section 144Section 153A

Section\n144 of the ITA. At the time of the hearing, the assessee company submitted at the\nbar that it did not wish to press Ground No. 1. Accordingly, the said ground of\nappeal is dismissed as not pressed.\nGROUND NO. 2:\n79. In relation to Ground No. 2, the assessee company submitted before us that\nthe entire addition

DCIT, C-4, JAIPUR vs. M/S. JLC ELECTROMET PVT. LTD., JAIPUR

In the result, the appeal of the Department is dismissed

ITA 166/JPR/2020[2016-17]Status: DisposedITAT Jaipur12 Apr 2022AY 2016-17
For Appellant: Shri Mahendra GargieyaFor Respondent: Shri A.S. Nehra, Addl. CIT
Section 142(1)Section 143(2)Section 195Section 40Section 9(1)(vii)

TDS- Held, assessee firm paid export commission of Rs. 34,18,126/- to foreign agents for rendering services abroad in relation to sourcing of export orders and for collecting payments on behalf of assessee firm, on which no tax was deducted at source by assessee firm u/s 195-AO disallowed expenses of Rs. 34,18,126/- on account of export

CURRENT INFRAPROJECTS PRIVATE LIMITED,BASANT VIHAR vs. ACIT, DCIT, CIRCLE-7, JAIPUR , BABA SIDHNATH BAHWAN

ITA 534/JPR/2024[2019-2020]Status: DisposedITAT Jaipur29 Jul 2024AY 2019-2020
For Appellant: Shri Vikash Rajvanshi, C.AFor Respondent: Shri A.S Nehra (Addl. CIT)
Section 116Section 143Section 143(1)Section 154Section 200ASection 250Section 65

section, order shall be passed in writing by\nthe income tax authorities concerned.\n10. At page 39 of the paper book, submitted on behalf of the assessee,\nbefore this Appellate Tribunal, is available copy of order dated 18.01.2023.\nSaid order was passed u/s 143(1)/154 of the Act. When reproduced for\nready reference, same reads as under

APM INDUSTRIES LTD,BHIWADI, ALWAR vs. DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE - 1, ALWAR

In the result, appeal of the assessee is allowed

ITA 203/JPR/2023[2018-19]Status: DisposedITAT Jaipur12 Sept 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 203/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2018-19 APM Industries Ltd. SP-147, Industrial Area Bhiwadi, Alwar cuke Vs. Deputy Commissioner of Income Tax Central Circle-01, Alwar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCA 5114 G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. S. L. Poddar jktLo dh vksj ls@ Revenue by : Smt. Monisha Choudhary (JCIT) a l

For Appellant: Sh. S. L. PoddarFor Respondent: Smt. Monisha Choudhary (JCIT) a
Section 142(1)Section 143(2)Section 143(3)Section 194ASection 263Section 40Section 40A(7)

TDS u/s. 194A of the Act. Therefore, as per provision of section 40(a)(ia) of the Act, 30 % of this amount which comes to Rs. 1,05,52,530/- was liable to be disallowed. The ld. PCIT further observed that the assessee received duty drawback of Rs. 2,37,355/-. However, there is no evidence on record that this

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, ALWAR, ALWAR vs. ALWAR ZILA DUGDH UTPADAK SAHAKARI SANGH LTD., ALWAR

In the result, the Cross objection of the assessee is allowed for statistical purpose and the Revenue’s appeal is dismissed

ITA 634/JPR/2023[2018-19]Status: DisposedITAT Jaipur27 Jan 2025AY 2018-19

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Shri P.C. Parwal, C.AFor Respondent: Shr. Anup Singh, Addl.CIT-Sr.DR a
Section 133ASection 143(3)Section 194CSection 201Section 201(1)Section 40Section 80P(2)(d)

TDS entertained (CA certificate with respect to the party submitted by the assessee), out of the total transactions of Rs.6,49,38,378/-. Based on these facts and keeping in view the provisions of Section 40(a)(ia) of the I.T. Act, 1961, disallowance of Rs.1,84,16,722/- i.e. 30% of Rs.6,13,89,073/- (Rs.6

ISYS SOFTECH PRIVATE LIMITED,JAIPUR vs. CIT (A), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

ITA 528/JPR/2023[2011-12]Status: DisposedITAT Jaipur22 Nov 2023AY 2011-12

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

For Appellant: Sh. G. M. MehtaFor Respondent: Smt. Monisha Choudhary (Addl. CIT)
Section 143(3)Section 195Section 195(1)Section 271CSection 40Section 9(1)(vi)

35) with direction to allow deduction @ 100% under section 10A of Act on enhanced profit as per circular No. 37 of 2016 of CBDT. Since there was no fax liability after order of this Hon'ble ITAT, assessee company did not prefer appeal u/s. 260 A before the Hon'ble High Court. After receipt of order

PINK CITY JEWEL HOUSE PRIVATE LIMITED ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR

ITA 598/JPR/2024[2018-2019]Status: DisposedITAT Jaipur26 Dec 2024AY 2018-2019
For Appellant: Sh. Siddharth Ranka, AdvFor Respondent: \nSh. Saurav Harsh, Adv.&
Section 142(1)Section 143(2)Section 144oSection 14ASection 263Section 69

Section 14A of the Act can\nbe made if the assessee had not earned any exempt income? - HELD THAT:- A\nperusal of the Memorandum of the Finance Bill, 2022 reveals that it explicitly stipulates\nthat the amendment made to Section 14A will take effect from 1st April, 2022 and will\napply in relation to the assessment year

RAJENDRA KUMAR AGRAWAL,JAIPUR vs. ACIT CEN CIR 1 , C-SCHEME, JAIPUR

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

ITA 538/JPR/2025[2017-2018]Status: DisposedITAT Jaipur12 Aug 2025AY 2017-2018

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Rajesh Tetuka, Adv., ARFor Respondent: Sh. Gaurav Awasthi, JCIT, Sr. DR
Section 115BSection 143(3)Section 250Section 68

TDS under section 194H on such brokerage paid was duly deducted and deposited with the Income Tax Department. Moreover, payment of brokerage and Commission has also been reflected under sales and administrative expenses (Annexure-P) forming part of the audited financial statements of the appellant already available with the Income Tax Department. Hence, the Ld. CIT(A) had overlooked this

BANK OF INDIA,JAIPUR vs. CIT FACLESS, DELHI

In the result, the appeal filed by the assessee in ITA no

ITA 17/JPR/2025[2012-13]Status: DisposedITAT Jaipur04 Mar 2025AY 2012-13

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Ashok KanodiyaFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT
Section 201Section 201(1)

section 201(1) & 201(1A) of the Income Tax Act, 1961 [ for short Act ] by DCIT/ITO, (TDS)- Jaipur [ for short AO ]. Since the issue raised in both the appeals were identical were heard together and are disposed of by a common order by taking the fact of the case in ITA no. 68/JP/2025 as lead case. 2. At the outset

BANK OF INDIA,JAIPUR vs. ACIT, DELHI

In the result, the appeal filed by the assessee in ITA no

ITA 68/JPR/2025[2012-13]Status: DisposedITAT Jaipur04 Mar 2025AY 2012-13

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Ashok KanodiyaFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT
Section 201Section 201(1)

section 201(1) & 201(1A) of the Income Tax Act, 1961 [ for short Act ] by DCIT/ITO, (TDS)- Jaipur [ for short AO ]. Since the issue raised in both the appeals were identical were heard together and are disposed of by a common order by taking the fact of the case in ITA no. 68/JP/2025 as lead case. 2. At the outset

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

ITA 489/JPR/2023[2015-16]Status: DisposedITAT Jaipur21 Feb 2024AY 2015-16
For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

section 80IA(8) of the Act.\n30.10. Considering that TPO has disputed the Grid rate not to be\nthe market value in terms of provisions of Section 80A(6) of the\nAct, we would like to state here that that unlike Section 80IA(8),\nthe word \"OR\" is missing in provisions of Section 80A(6) of the\nAct

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

Section 80IA(8), the word "OR" is missing in provisions of Section 80A(6) of the ACIT vs. Shree Cement Ltd. Act. It is noted that as per provisions of Section 80A(6), if any goods or services whether sold or acquired falls within the category specified domestic transactions of Section 92BA then in such case it is mandatory