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200 results for “TDS”+ Section 131(1)clear

Sorted by relevance

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Key Topics

Section 6879Section 143(3)71Addition to Income71TDS43Section 14741Disallowance40Section 13138Section 4037Deduction37Section 133(6)

EXIMCORP INDIA (P) LTD. ,KOLKATA vs. ACIT,CIR-5(2),KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 702/KOL/2023[2016-17]Status: DisposedITAT Kolkata05 Aug 2024AY 2016-17

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

Section 115JSection 195Section 195(1)Section 2Section 40

131 (Andhra Pradesh), wherein it has been said that if interest is debited to the account of an Indian company by a bank to recoup the interest charged to it by the discounting bank, then the provisions of Section 195 of the Act will not apply. It has been further averred that the appellant is not the person responsible

EXIMCORP INDIA PRIVATE LIMITED. ,KOLKATA vs. ACIT,CIR-5(2),KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

Showing 1–20 of 200 · Page 1 of 10

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33
Section 25028
Unexplained Cash Credit24
ITA 701/KOL/2023[2015-16]Status: DisposedITAT Kolkata05 Aug 2024AY 2015-16

Bench: Sri Rajpal Yadav, Vice- & Sri Sanjay Awasthi

Section 115JSection 195Section 195(1)Section 2Section 40

131 (Andhra Pradesh), wherein it has been said that if interest is debited to the account of an Indian company by a bank to recoup the interest charged to it by the discounting bank, then the provisions of Section 195 of the Act will not apply. It has been further averred that the appellant is not the person responsible

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 1489/KOL/2011[2005-06]Status: DisposedITAT Kolkata06 Apr 2016AY 2005-06

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

TDS on the payment made by GRSE (i.e. the payer) but did not include the full amount of receipt from GRSE. The treatment given by the assessee in its accounts as well as in computation of its total income was contrary to the provisions of Section 198 & 199 of the Act. In view of this legal position, the difference amount

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 2082/KOL/2010[2007-08]Status: DisposedITAT Kolkata06 Apr 2016AY 2007-08

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

TDS on the payment made by GRSE (i.e. the payer) but did not include the full amount of receipt from GRSE. The treatment given by the assessee in its accounts as well as in computation of its total income was contrary to the provisions of Section 198 & 199 of the Act. In view of this legal position, the difference amount

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 343/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 377/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 357/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 482/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 485/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 431/KOL/2012[2008-2009]Status: DisposedITAT Kolkata15 Dec 2017AY 2008-2009

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 673/KOL/2011[2007-08]Status: DisposedITAT Kolkata15 Dec 2017AY 2007-08

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 356/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

131-135) The Hon'ble Cuttack Tribunal in the case of Maxcare (supra) after considering the difference in the language of section 80HH and 80IA held that “all sorts of income which are inextricably related to carrying on the business of industrial undertaking are to be considered for deduction u/s. 80IA of the Act, and accordingly, interest income and miscellaneous

SUNIL AGARWAL,KOLKATA vs. ACIT, CIRCLE - 50, KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

ITA 1397/KOL/2016[2010-11]Status: DisposedITAT Kolkata30 Nov 2016AY 2010-11

Bench: Shris.S.Viswanethra Ravi, Hon’Ble & Dr.A.L. Saini, Hon’Ble

For Appellant: ShriA.K.Tibrewal–FCAFor Respondent: ShriSnehanshu Biswas-JCIT-SR DR
Section 131Section 143(1)Section 143(3)Section 154Section 68

131 of the Act. (viii) The return of Income of the Loan creditor has been accepted and processed by the Assessing Officer and anintimation under section 143(1) of the Act has been issued to the Loan creditor. Please see pages 532 to 537 & 542 to 544, wherein the credit of the TDS

ITO (IT), KOLKATA, KOLKATA vs. M/S. ELECTROSTEEL CASTING LIMITED., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 2249/KOL/2014[2011-2012]Status: DisposedITAT Kolkata07 Jul 2017AY 2011-2012

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 2249/Kol/2014 Assessment Year : 2011-12 I.T.O. (International Taxation), -Vs.- M/S. Electrosteel Casting Ltd. Kolkata Kolkata [Pan : Aaace 4975 B] (Respondent) (Appellant) For The Appellant : None For The Respondent : Shri Ravi Tulsiyan, Fca Date Of Hearing : 14.06.2017. Date Of Pronouncement : 07.07.2017 Order

For Appellant: NoneFor Respondent: Shri Ravi Tulsiyan, FCA
Section 143(3)Section 195Section 201Section 5(2)Section 9(1)(i)

TDS Date of Nature of No. Recipient amount amou remittance payment (Rs.) nt 1. PRIME GROUP 1042448 UAE 0 13/04/2010 Commission ASSOCIATES 5568326 0 23/07/2010 10832518 0 22/06/2010 1276770 0 12/10/2010 4316014 0 21/09/2010 4920574 0 30/11/2010 5218172 0 18/01/2011 4910549 0 22/02/2011 1875582 0 11/03/2011 1728223 0 25/03/2011 2. MR.EDWARD 64534 Malta 0 08/10/2010 Commission ZAMMIT 319252 0 25/01/2011

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDAR, KOLKATA

In the result, the appeals of revenue are dismissed

ITA 366/KOL/2012[2008-09]Status: DisposedITAT Kolkata27 Nov 2015AY 2008-09

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri S. Srivastava, CITFor Respondent: Shri J. P. Khaitan, Advocate
Section 143(3)Section 195Section 40Section 5Section 9Section 9(1)(i)

TDS was not required to be deducted. We also note that the payments in question were made prior to circular No. 7/2009. On this aspect, there is no dispute. We, therefore, do not find any reason to interfere with the order passed by the tribunal deleting the addition made by the Assessing Officer under Section

DCIT,CIRCLE-52, KOLKATA, KOLKATA vs. SRI SUBHOTOSH MAJUMDER . S. JAMUMBDER &CO,, KOLKATA

In the result, the appeals of revenue are dismissed

ITA 1629/KOL/2012[2009-10]Status: DisposedITAT Kolkata27 Nov 2015AY 2009-10

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri S. Srivastava, CITFor Respondent: Shri J. P. Khaitan, Advocate
Section 143(3)Section 195Section 40Section 5Section 9Section 9(1)(i)

TDS was not required to be deducted. We also note that the payments in question were made prior to circular No. 7/2009. On this aspect, there is no dispute. We, therefore, do not find any reason to interfere with the order passed by the tribunal deleting the addition made by the Assessing Officer under Section

ACIT, CIRCLE - 52, KOLKATA, KOLKATA vs. SHRI SUBHOTOSH MAJUMDER, KOLKATA

In the result, the appeals of revenue are dismissed

ITA 2058/KOL/2009[2006-07]Status: DisposedITAT Kolkata27 Nov 2015AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri S. Srivastava, CITFor Respondent: Shri J. P. Khaitan, Advocate
Section 143(3)Section 195Section 40Section 5Section 9Section 9(1)(i)

TDS was not required to be deducted. We also note that the payments in question were made prior to circular No. 7/2009. On this aspect, there is no dispute. We, therefore, do not find any reason to interfere with the order passed by the tribunal deleting the addition made by the Assessing Officer under Section

M/S KALPANA BIRI MFG. CO. PVT. LTD.,MURSHIDABAD vs. ACIT, CIR- MURSHIDABAD, MURSHIDABAD

In the result, assessee’s appeal stands allowed

ITA 1020/KOL/2014[2010-2011]Status: DisposedITAT Kolkata10 Nov 2017AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 M/S Kalpana Biri Mfg. Co. Acit, Circle, बनाम / Pvt. Ltd., Vill. & P.O. Murshidabad, 39 R.N. V/S. Auragabad Dist. Tagore Road, P.O. Murshidabad, Berhampur, Pin. 742 101 Pin-742 201 [Pan No. Aabck 7051 M] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri S.L. Kochar, Advocate & अपीलाथ" क" ओर से/By Appellant Shri Anil Kochar, Advocate Shri Saurabh Kumar, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 18-09-2017 सुनवाई क" तार"ख/Date Of Hearing 10-11-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Against The Order Of Commissioner Of Income Tax (Appeals)-Xxxvi, Kolkata Dated 31.03.2014. Assessment Was Framed By Acit, Circle-Murshidabad U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 13.02.2013 For Assessment Year 2010-11. The Grounds Raised By The Assessee Per Its Appeal Are As Under:- “1. That In The Facts & Circumstances Of The Case The Learned Commissioner Of Income Tax (Appeals) Erred In Not Having Deleted The Addition To Income For Rs.30628425/- As Alleged Unexplained Investment U/S 69 Of The Income Tax Act, 1961 On Account Of Alleged Suppression Of Value Of Stock.”

Section 131Section 143(1)Section 143(3)Section 69

section 133A, books were seized without any apparent authority. The ITOs and authorities do not have any power to interrupt the ordinary peaceful citizens of the country in any manner they like by utilizing the large powers given to them, without keeping strictly within the four corners of those large powers. Since the powers vested are large, even a millimetre

ARSH IRON & STEEL LTD.,BURDWAN vs. ACIT, CIR-3, ASANSOL, ASANSOL

In the result, assessee’s appeal is partly allowed

ITA 206/KOL/2014[2009-10]Status: DisposedITAT Kolkata12 May 2017AY 2009-10

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 142(1)Section 143(3)

TDs was deducted, therefore, the total disallowance of Rs.1,50,98,433/- is completely arbitrary, unjustified and illegal.” 6. Ld. AR for the assessee filed paper book which is running pages from 1 to 169 and submitted that turnover of the assessee in the last year was at ITA No.206-207/Kol/2014 A.Y. 2009-10 & 2010-11 Arsh Iron & Steel

INCOME TAX OFFICER, AAYAKAR BHAWAN, POORVA vs. AMODINI VYAPAR PVT LTD, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 1481/KOL/2024[2012-13]Status: DisposedITAT Kolkata31 Dec 2024AY 2012-13

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Amodini Vyapar Pvt. Ltd. Income Tax Officer, Kalpanalaya, Avirampur, Po- 7Th Floor, Nadt Building, Aaykar Bhavan Poorva, 110 Shantipally, Budge Budge, Vs. Kolkata-700107 Kolkata-700137, West Bengal (Appellant) (Respondent) Pan No. Aacca2332G Assessee By : Shri Sunil Surana, Ar Revenue By : Shri Pradip Kumar Biswas, Dr Date Of Hearing: 26.11.2024 Date Of Pronouncement : 31.12.2024

For Appellant: Shri Sunil Surana, ARFor Respondent: Shri Pradip Kumar Biswas, DR
Section 131Section 131(1)Section 142(1)Section 144Section 14ASection 68Section 68o

1)(d) of the Act at the nearest place of the situation of the contractors for personal attendance, enquiry and local investigations. The power to issue commission is identical with section 75 of the Code of Civil procedure 1908. It is further case of the assessee that the Assessing Officer having committed serious fault in exercise of omnibus power