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80 results for “TDS”+ Section 127(2)clear

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Key Topics

Section 4075Section 143(3)54Addition to Income45Disallowance39TDS37Deduction36Section 194C32Section 14728Section 6825Section 250

ITC LIMITED,KOLKATA vs. ACIT, RG-8, KOLKATA, KOLKATA

Appeal is dismissed

ITA 685/KOL/2014[2009-2010]Status: DisposedITAT Kolkata28 Nov 2018AY 2009-2010

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ]

For Appellant: Shri Md. Usman, CIT DRFor Respondent: Shri J.P. Khaitan, Senior Counsel
Section 143(3)

127, 154, 155 and 155D in Paper book. Mr. Khaitan thereafter comes to quantification aspect of the impugned disallowance. He cites this tribunal’s decision in REI Agro Ltd. v. Dy. CIT [2013] 144 ITD 141 as confirmed in hon’ble jurisdictional high court holding that only dividend income yielding investments are to be taken for consideration than

DCIT, CIR-8, KOLKATA, KOLKATA vs. M/S ITC LIMITED, KOLKATA

Appeal is dismissed

ITA 1267/KOL/2014[2009-2010]Status: Disposed

Showing 1–20 of 80 · Page 1 of 4

22
Section 14818
Section 143(2)16
ITAT Kolkata
28 Nov 2018
AY 2009-2010

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ]

For Appellant: Shri Md. Usman, CIT DRFor Respondent: Shri J.P. Khaitan, Senior Counsel
Section 143(3)

127, 154, 155 and 155D in Paper book. Mr. Khaitan thereafter comes to quantification aspect of the impugned disallowance. He cites this tribunal’s decision in REI Agro Ltd. v. Dy. CIT [2013] 144 ITD 141 as confirmed in hon’ble jurisdictional high court holding that only dividend income yielding investments are to be taken for consideration than

A.C.I.T CIR - 2,DURGAPUR, DURGAPUR vs. SRI RAJAN BABU, DURGAPUR

In the result, Revenue’s appeal stands dismissed

ITA 2196/KOL/2013[2010-11\u005cu005cu005cu005cu005cu005cu005cu005c]Status: DisposedITAT Kolkata26 Apr 2017

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2010-11

Section 133(6)Section 143(3)Section 40A(2)

section 40A(2)(b) of the Act. In the instant case the AO has not brought anything on record by which the said provisions can be attracted to the instant transactions of commission payment. Besides the above, we also find the payment has been made by the assessee to RIL which has been disclosed by the assessee and the party

MR. DEBABRATA DATTA,KOLKATA vs. ACIT, CIR. 1(1), KOLKATA

In the result, the appeal filed by the assessee is partly allowed

ITA 453/KOL/2021[2014-15]Status: DisposedITAT Kolkata10 Jan 2023AY 2014-15

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 143(2)Section 143(3)Section 250Section 5Section 74Section 90(4)

127 of the paperbook i) Decision of the Bangalore Bench of the Tribunal in the case of Lohitakshan Nambiar [ITA No.1045/ Bang /2009] - Refer page no. 128 to 130 of the paperbook j) Decteian of the Delhi Bench of the Tribunal in the case of Pramod Kumar Sapra [2017] 167 ITD 596 (Delhi - Trib.) - Refer page

DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. THE SATURDAY CLUB LTD, KOLKATA

In the result, the appeals of the Revenue for A

ITA 1340/KOL/2012[2008-2009]Status: DisposedITAT Kolkata06 Nov 2023AY 2008-2009

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

Section 142(1)Section 143(2)

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIR-8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

ITA 2377/KOL/2016[2011-12]Status: DisposedITAT Kolkata06 Nov 2023AY 2011-12

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

Section 142(1)Section 143(2)

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

THE SATURDAY CLUB LIMITED,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA, KOLKATA

In the result, the appeals of the Revenue for A

ITA 2491/KOL/2017[2012-13]Status: DisposedITAT Kolkata06 Nov 2023AY 2012-13

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

Section 142(1)Section 143(2)

section 22 income from house property is liable to the taxed. The income that the club had made in the instant case was from letting out the rooms. The income was derived from providing many facilities to the members including accommodation. Neither the club nor the members had treated these facilities separately and the department could not also treat them

ITO, WARD-45(2), KOLKATA, KOLKATA vs. M/S ASHOK TRADING COMPANY, KOLKATA

In the result, Revenue’s appeal is partly allowed for statistical purpose

ITA 650/KOL/2012[2006-07]Status: DisposedITAT Kolkata07 Oct 2015AY 2006-07

Bench: Shrin.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07

Section 143(3)(II)Section 194CSection 40Section 68

TDS in terms of section 194C read with section to 40(a)(ia) of the Act. The details of the expenses can be summarized in the following manner : Sl. No. Name of party Amount paid 1 M/s Sangam Roadways 5,68,894/- 2 M/s Mangalam Privahan Pvt. Ltd. 1,95,823/- ITA No.650/Kol/2012 A.Y. 2006-07 ITO Wd-45(2

ACIT, CIR-5(2), KOLKATA , KOLKATA vs. M/S. BATIVALA & KARANI SECURITIES (INDIA) (P) LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1812/KOL/2017[2010-11]Status: DisposedITAT Kolkata05 Dec 2018AY 2010-11

Bench: Hon’Ble Shri S.S.Godara, Jm & Hon’Ble Shri M.Balaganesh, Am] I.T.A No. 1812/Kol/2017 Assessment Year : 2010-11 Acit, Circle-5(2), Kolkata -Vs- M/S Batlivala & Karnani Securities (I)(P) Ltd. [Pan: Aabcb 4650 R] (Appellant) (Respondent)

For Appellant: Shri Robin Chowdhury, Addl. CITFor Respondent: Shri Arvind Agarwal, Advocate
Section 143(3)Section 40

Section 90(2) of the Act, if the Central Government has entered into a Double Taxation Avoidance Agreement with the Government of any country outside India, then in relation to the assessee to whom such agreement applies, the provisions of Income-tax Act would apply only to the extent they are more beneficial to the assessee i.e. if the treaty

INDIAN COAL AGENCY,KOLKATA vs. DCIT, CIRCLE-35, KOLKATA, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

ITA 868/KOL/2018[2015-16]Status: DisposedITAT Kolkata20 May 2025AY 2015-16

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 14A

2) as meaning actually paid or incurred according to the method of accounting upon the basis of which the profits or gains are computed under section 10 of 1922 Act. Again where the cash system is adopted, there is no question of bad debts or outstandings at all, in the case of mercantile system against the book profits some

DCIT, CIRCLE-35, KOLKATA, KOLKATA vs. M/S. INDIAN COAL AGENCY, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

ITA 1258/KOL/2018[2015-16]Status: DisposedITAT Kolkata20 May 2025AY 2015-16

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 14A

2) as meaning actually paid or incurred according to the method of accounting upon the basis of which the profits or gains are computed under section 10 of 1922 Act. Again where the cash system is adopted, there is no question of bad debts or outstandings at all, in the case of mercantile system against the book profits some

INDIAN COAL AGENCY,KOLKATA vs. PRINCIPAL CIT, CIRCLE - 12, KOLKATA , KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

ITA 867/KOL/2018[2013-14]Status: DisposedITAT Kolkata20 May 2025AY 2013-14

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 14A

2) as meaning actually paid or incurred according to the method of accounting upon the basis of which the profits or gains are computed under section 10 of 1922 Act. Again where the cash system is adopted, there is no question of bad debts or outstandings at all, in the case of mercantile system against the book profits some

PUSPENDU SEKHAR NANDY,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1) INTERNATIONAL TAXATION, KOLKATA, KOLKATA

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

ITA 167/KOL/2024[2016-17]Status: DisposedITAT Kolkata15 May 2025AY 2016-17

Bench: Shri Pradip Kumar Choubey&Shri Sanjay Awasthi]

Section 143(3)Section 234BSection 234DSection 5(2)

Section 234D has been levied and thereby determined an aggregate tax liability of INR 2,312,214. Further, after allowing the credit of TDS of INR 2096,969 and considering amount of INR 2,091,270 as already refunded to the Appellant, the learned Assessing Officer has raised a final demand of INR 2,306,515. 3. Aggrieved

M/S. SEAKING ENTERPRISE,KOLKATA vs. ITO, WARD - 28(2), KOLKATA

In the result, assessee’s appeal stands allowed

ITA 1670/KOL/2009[2006-07]Status: DisposedITAT Kolkata26 Aug 2016AY 2006-07

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year:-2006-07

Section 143(3)Section 194Section 194C(2)Section 40

Section-194C. Though in his opening statement in the assessment order, he has stated about the assessee that he is a contractor and this is also not denied. Thereafter, he has not stated that assessee had sub-contracted with all or any of the persons whose trucks/trailers were taken on hire. Ld. AR submitted that Ld. CIT(A) has assumed

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. TATA STEEL PROCESSING & DISTRIBUTION LIMITED, KOLKATA

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

ITA 379/KOL/2012[2008-09]Status: DisposedITAT Kolkata21 Sept 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 143(2)Section 143(3)Section 40

TDS on commission for non- whole time directors arises at the end of the financial year. ITA Nos.1124/Kol/2010 & C.O.No.78/Kol/2010 A.Y. 2006-07 DCIT. Cir-8, Kol. vs. M/s Tata Ryerson Ltd. ITA Nos.379&303/Kol/2012 A.Y.2008-09 Page 8 2 (a) That on the facts and circumstances of the case, the learned CIT (Appeals) erred in holding that provision for leave

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. TATA RYERSON LIMITED, KOLKATA

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

ITA 1124/KOL/2010[2006-07]Status: DisposedITAT Kolkata21 Sept 2016AY 2006-07

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 143(2)Section 143(3)Section 40

TDS on commission for non- whole time directors arises at the end of the financial year. ITA Nos.1124/Kol/2010 & C.O.No.78/Kol/2010 A.Y. 2006-07 DCIT. Cir-8, Kol. vs. M/s Tata Ryerson Ltd. ITA Nos.379&303/Kol/2012 A.Y.2008-09 Page 8 2 (a) That on the facts and circumstances of the case, the learned CIT (Appeals) erred in holding that provision for leave

TATA STEEL PROCESSING AND DISTRIBUTION LTD.,KOLKATA vs. DCIT, CIRCLE - 8, KOLKATA, KOLKATA

In the result, both appeals of Revenue are dismissed and that of assessee’s appeal is partly allowed for statistical purpose and CO of assessee is dismissed as infructuous

ITA 303/KOL/2012[2008-09]Status: DisposedITAT Kolkata21 Sept 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri K.Narasimha Charyassessment Year:2006-07

Section 143(2)Section 143(3)Section 40

TDS on commission for non- whole time directors arises at the end of the financial year. ITA Nos.1124/Kol/2010 & C.O.No.78/Kol/2010 A.Y. 2006-07 DCIT. Cir-8, Kol. vs. M/s Tata Ryerson Ltd. ITA Nos.379&303/Kol/2012 A.Y.2008-09 Page 8 2 (a) That on the facts and circumstances of the case, the learned CIT (Appeals) erred in holding that provision for leave

DCIT, CIRCLE - 8, KOLKATA, KOLKATA vs. M/S. E.I.H. LTD., KOLKATA

In the result, the appeal of the revenue in ITA NO

ITA 2182/KOL/2006[2003-04]Status: DisposedITAT Kolkata09 Dec 2015AY 2003-04

Bench: : Shri M. Balaganesh

For Appellant: Shri R.N Bajoria, Sr.Advocate &For Respondent: Shri Rajat Subhra Biswas, ld.CIT/DR
Section 143(3)Section 195Section 40Section 9(1)(vii)

TDS obligations. For the sake of convenience, the said Explanation is reproduced herein below:- Explanation – For the removal of doubts, it is hereby declared that for the purposes of this section, income of a non-resident shall be deemed to accrue or arise in India under clause (v) or clause (vi) or clause (vii) of sub-section (1) and shall

AT & S INDIA PRIVATE LIMITED,KARNATAKA vs. DCIT-RANGE-11, KOLKATA, KOLKATA

In the result, appeal of Revenue is dismissed and that of assessee’s is allowed

ITA 2305/KOL/2013[2004-05]Status: DisposedITAT Kolkata15 Oct 2015AY 2004-05

Bench: Shri Mahavir Singhand Shri Waseem Ahmed

Section 143(3)Section 195Section 4(1)Section 4(2)Section 40Section 90(2)

section 90(2) of the Act provides that in case of double taxation avoidance agreement with the Govt. of another country, the provision of this act will apply only to the extent if it is beneficial to the assessee. The assessee also demonstrated that the payment is not towards royalty. Therefore it is out of the purview of the TDS

D.C.I.T CIR - 11,KOLKATA, KOLKATA vs. M/S AT & S INDIA PVT LTD, KARNATAKA

In the result, appeal of Revenue is dismissed and that of assessee’s is allowed

ITA 1160/KOL/2013[2008-09]Status: DisposedITAT Kolkata15 Oct 2015AY 2008-09

Bench: Shri Mahavir Singhand Shri Waseem Ahmed

Section 143(3)Section 195Section 4(1)Section 4(2)Section 40Section 90(2)

section 90(2) of the Act provides that in case of double taxation avoidance agreement with the Govt. of another country, the provision of this act will apply only to the extent if it is beneficial to the assessee. The assessee also demonstrated that the payment is not towards royalty. Therefore it is out of the purview of the TDS