BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

359 results for “TDS”+ Section 17(2)(iv)clear

Sorted by relevance

Delhi1,983Mumbai1,767Bangalore1,088Chennai582Kolkata359Hyderabad224Karnataka208Ahmedabad189Chandigarh186Jaipur180Cochin161Raipur153Indore118Pune107Visakhapatnam72Surat70Cuttack51Nagpur48Rajkot47Lucknow41Jabalpur34Amritsar26Guwahati26Patna23Telangana22Agra21Dehradun18Panaji14Jodhpur12SC11Allahabad11Varanasi10Himachal Pradesh6Kerala6Rajasthan5Uttarakhand2Ranchi2J&K1Orissa1Punjab & Haryana1Gauhati1Calcutta1

Key Topics

Section 4085Section 143(3)77Deduction60Addition to Income49TDS48Section 26346Disallowance42Section 153A40Section 234E30Section 250

MADHUSUDANKATI SAMABAY KRISHI UNNAYAN SAMITY LTD.,KOLKATA vs. ITO, WD-49(1), KOLKATA, KOLKATA

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

ITA 420/KOL/2014[2010-2011]Status: DisposedITAT Kolkata14 Jul 2017AY 2010-2011

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 420/Kol/2014 Assessment Year : 2010-11 Madhusudankati Samabay Vs. I.T.O.Ward 49(1), Kolkata Krishi Unnayan Samity’ Ltd. Pan : Aaaam 7591 F] (Respondent) (Appellant) For The Appellant : Kakoli Das, Ito For The Respondent : Arvind Agarwal, Advocate Date Of Hearing : 23.06.2017. Date Of Pronouncement : 14.07.2017

For Appellant: Kakoli Das, ITOFor Respondent: Arvind Agarwal, Advocate
Section 143(3)Section 80PSection 80P(2)(a)Section 80P(2)(e)

17,278/- (A-B)RS.15,78,059/- (c) Hence, I disallow claim of deduction u/s.80P of Rs.15,78,059/-, as above, derived from conducting other activities which does not qualify as deductible income u/s.80(2) (a) (iv) of the IT. Act, 1961. ) 2.3. The assessee submitted before the ld CITA as below:- Ground No. 3 & 4 of the Original Ground

Showing 1–20 of 359 · Page 1 of 18

...
28
Section 201(1)22
Section 14716

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

ITA 585/KOL/2018[2011-12]Status: DisposedITAT Kolkata17 Jun 2020AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Vijay Shankar, CITFor Respondent: Shri D. S. Damle, FCA
Section 115JSection 143(3)Section 14ASection 211Section 40

TDS provisions, the assessee could be declared to be an assessee in default under section 201, but no disallowance could be made by invoking the provisions of section 40(a)(ia). 4. We have heard the arguments of both the sides and also perused the relevant material available on record. Although the ld. D.R. has relied on the decision

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

ITA 312/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Oct 2024AY 2017-18

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 194C

TDS should have been deducted at the rate of 10% u/s 194A of the Act. Finally, the AO disallowed 30% of the above interest payment being disallowance u/s 40a(ia) of the Act. In our opinion the provisions of Section 40a(ia) cannot be invoked where there is a short deduction of tax at source but in a case, where

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 584/KOL/2018[2010-11]Status: DisposedITAT Kolkata11 Dec 2019AY 2010-11

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Section 143(3)Section 14ASection 201Section 40

TDS provisions, the assessee could be declared to be an assessee in default under section 201, but no disallowance could be made by invoking the provisions of section 40(a)(ia). 4. We have heard the arguments of both the sides and also perused the relevant material available on record. Although the ld. D.R. has relied on the decision

M/S PREMIER IRRIGATION ADRITEC (P) LTD.,KOLKATA vs. ACIT, CIR-11(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 387/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawal

Section 2(24)Section 250Section 3Section 36(1)Section 36(1)(va)Section 43B

iv), and its liability to deposit amounts received by it or deducted by it (Section 36(1)(va)) is, thus crucial. The former forms part of the employers' income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

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

17 22. The assessee, during the year, has contributed a sum of ₹5,69,248/- towards gratuity fund maintained with LIC. However, the AO during the course of assessment proceedings observed that the gratuity fund has not been approved by the IT Department. Therefore, the same was disallowed and added to the total income of assessee. 23. Aggrieved, assessee preferred

N C SHAW AND CO BEVERAGES PRIVATE LIMITED,KOLKATA vs. ADDL. COMMISSIONER OF INCOME TAX (TDS), RANGE-2, KOLKATA, KOLKATA

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

ITA 1947/KOL/2024[2015-16]Status: DisposedITAT Kolkata27 Dec 2024AY 2015-16

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

Section 194HSection 201Section 201(1)Section 250Section 271CSection 28

iv) to explanation under Page 17 of 22 I.T.A. Nos.: 1925 & 1947/KOL/2024 Assessment Year: 2015-16 N C Shaw and Co Beverages Private Limited. section 194H of the Act on incentive paid to retailers/distributers will be out of place. • that there were not provisions to deduct tax at source on discount/incentives under Act under the captioned year and the provisions

N C SHAW AND CO BEVERAGES PRIVATE LIMITED ,KOLKATA vs. INCOME TAX OFFICER, TDS CIRCLE 2(2), KOLKATA, KOLKATA

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

ITA 1925/KOL/2024[2015-16]Status: DisposedITAT Kolkata27 Dec 2024AY 2015-16

Bench: Sri Pradip Kumar Choubey & Sri Rakesh Mishra

Section 194HSection 201Section 201(1)Section 250Section 271CSection 28

iv) to explanation under Page 17 of 22 I.T.A. Nos.: 1925 & 1947/KOL/2024 Assessment Year: 2015-16 N C Shaw and Co Beverages Private Limited. section 194H of the Act on incentive paid to retailers/distributers will be out of place. • that there were not provisions to deduct tax at source on discount/incentives under Act under the captioned year and the provisions

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

In the result, the appeal of the assessee is dismissed

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

iv)(c) stood inserted as TDS arises only if the tax is assessable in India. Since tax was not assessable in India, there was no question of TDS being deducted by the assessee. Therefore, question No. 2 is answered in favour of the assessee and against the Department.” 3.4. A combined reading of the three judgements reveals that though

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

iv)(c) stood inserted as TDS arises only if the tax is assessable in India. Since tax was not assessable in India, there was no question of TDS being deducted by the assessee. Therefore, question No. 2 is answered in favour of the assessee and against the Department.” 3.4. A combined reading of the three judgements reveals that though

SOMA RANI GHOSH,KOLKATA vs. DCIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1420/KOL/2015[2012-2013]Status: DisposedITAT Kolkata09 Sept 2016AY 2012-2013

Bench: Shri Waseem Ahmed & Shri K. Narasimha Chary

Section 194CSection 194C(6)Section 194C(7)Section 40

iv… … …” 16. Though the entire Section 194C is Subs. by Finance (No. 2) Act, 2009, s. 61 (w.e.f. 1- 10-2009), in so far as the obligation of the person responsible for making payment/crediting I.T.A. No. 1420/KOL./2015 Assessment year: 2012-2013 Page 10 of 19 the Account of the Payee to deduct TDS when payment/credit is made pursuant

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 422/KOL/2021[2015-16]Status: DisposedITAT Kolkata17 Dec 2021AY 2015-16

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

iv) 31st March - 15th May of the following financial year. 9. It may be recorded that Section 200(3) requiring to file formal TDS statement within the aforesaid each quarter was inserted on 1.4.2005 and at the relevant point of time, Section 272A(2)(k) provided for the penalty of Rs.100/- per day for each day of default in filing

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 417/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Dec 2021AY 2014-15

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

iv) 31st March - 15th May of the following financial year. 9. It may be recorded that Section 200(3) requiring to file formal TDS statement within the aforesaid each quarter was inserted on 1.4.2005 and at the relevant point of time, Section 272A(2)(k) provided for the penalty of Rs.100/- per day for each day of default in filing