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436 results for “TDS”+ Section 194C(3)clear

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Key Topics

Section 40179Section 194C104TDS78Deduction55Disallowance53Addition to Income51Section 194J46Section 143(3)44Section 201(1)36Section 263

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

Section 194C(7) have to be read together to extend the immunity from TDS, our attention is drawn to the fact that though the Finance Act, (N0.2) 2009 introduced, inter alia, Sec. 194C(6) and 194C(7), similar and analogous provision had been very much in existence under proviso 2 and 3

ACIT, CIRCLE-49(1), KOLKATA, KOLKATA vs. ASHOKE PRASAD, KOLKATA

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

Showing 1–20 of 436 · Page 1 of 22

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Section 20117
Section 25016
ITA 582/KOL/2017[2012-13]Status: DisposedITAT Kolkata26 Oct 2018AY 2012-13

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 582/Kol/2017 Assessment Year : 2012-13 Acit, Circle-49(1), Kolkata -Vs- Ashoke Prasad. [Pan: Afqpp 6505 C] (Appellant) (Respondent) I.T.A No. 611/Kol/2017 Assessment Year : 2012-13 Ashoke Prasad -Vs- Dcit, Circle-49, Kolkata [Pan: Afqpp 6505 C] (Appellant) (Respondent)

For Appellant: Shri S.M. Surana, AdvocateFor Respondent: Shri Robin Chowdhury, Addl. CIT Sr. DR
Section 139Section 139(4)Section 201(1)Section 40

TDS. The finding of the AO was that the Permanent Account Numbers furnished cannot be accepted as it was not filed with the appropriate authority as required u/s. 194C(7) of the Act and whether such failure attracts and invokes the jurisdiction under Section 40(a)(ia) of the Act. At this juncture, we may refer the order of Coordinate

SHREE ASHOKE PRASAD,KOLKATA vs. DCIT, CIRCLE-49, KOLKATA, KOLKATA

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

ITA 611/KOL/2017[2012-13]Status: DisposedITAT Kolkata26 Oct 2018AY 2012-13

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 582/Kol/2017 Assessment Year : 2012-13 Acit, Circle-49(1), Kolkata -Vs- Ashoke Prasad. [Pan: Afqpp 6505 C] (Appellant) (Respondent) I.T.A No. 611/Kol/2017 Assessment Year : 2012-13 Ashoke Prasad -Vs- Dcit, Circle-49, Kolkata [Pan: Afqpp 6505 C] (Appellant) (Respondent)

For Appellant: Shri S.M. Surana, AdvocateFor Respondent: Shri Robin Chowdhury, Addl. CIT Sr. DR
Section 139Section 139(4)Section 201(1)Section 40

TDS. The finding of the AO was that the Permanent Account Numbers furnished cannot be accepted as it was not filed with the appropriate authority as required u/s. 194C(7) of the Act and whether such failure attracts and invokes the jurisdiction under Section 40(a)(ia) of the Act. At this juncture, we may refer the order of Coordinate

DEBJYOTI MISHRA,KOLKATA vs. ITO, WARD-22(4), KOLKATA, KOLKATA

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

ITA 1411/KOL/2016[2006-07]Status: DisposedITAT Kolkata31 Jan 2017AY 2006-07

Bench: : Shri M.Balaganesh & Shri S.S.Viswanethra Ravi

For Appellant: Shri Miraj D.Shah, ld.ARFor Respondent: Md. Ghyas Uddin, JCIT, ld.DR
Section 142(1)Section 143(2)Section 148Section 234ASection 40

TDS. Now, we have to examine this. The relevant provisions of Section 194C(1) & (2) as exist in assessment year 2006-07 & 2007-08 reads as under :- “(1) Any person responsible for paying any sum to any resident (hereafter in this section referred to as the contractor) for carrying out any work (including supply of labour for carrying

SRI GOPINATH GHORAI,PURBA MEDINIPUR vs. ACIT, CIR-27, HALDIA, HALDIA

In the result the appeal of the assessee is dismissed

ITA 1/KOL/2016[2005-2006]Status: DisposedITAT Kolkata29 Apr 2016AY 2005-2006

Bench: Hon’Ble Shri P.M.Jagtap, Am & Sri S.S.Viswanethra Ravi, Jm ] I.T.A No. 01/Kol/2016 Assessment Year : 2005-06

For Appellant: G.Banerjee, FCAFor Respondent: Shri Rajat Kumar Kureel, JCIT,Sr.DR
Section 143(3)Section 147Section 148Section 154Section 194Section 194CSection 40

3) read with section 147 dated 24/12/2010 itself requires explanations. clarifications and clearly debatable issue which cannot be decided under section 154. On this count also the assessee's request for amendment of order under section 154 is not tenable. 1.3 Lastly the Assessing Officer made addition under section 40(a)(ia) holding that the payment were made to transport

MR KRISHAN KUMAR SOMANI,HOWRAH vs. ITO, WD-47(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 751/KOL/2016[2007-08]Status: DisposedITAT Kolkata09 Dec 2016AY 2007-08

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year: 2007-08

Section 194(1)Section 194CSection 194C(1)Section 263Section 40

194C of the Act. 3. Briefly, the facts are that the assessee is an individual, carrying on his business under name & style of ‘Engineers Enterprises’. The assessee has claimed labour charges for an amount of Rs.7.29 lakh on which no TDS was deducted by assessee. Accordingly, AO disallowed the aforesaid sum for non- deduction of TDS and added

ITO, WD-40(3), KOLKATA, KOLKATA vs. M/S DAYAL ROADLINES, HOWRAH

Appeal is dismissed

ITA 1376/KOL/2016[2010-11]Status: DisposedITAT Kolkata04 Jul 2018AY 2010-11

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

For Appellant: Shri S.Dasgupta, Addl. CIT(DR)For Respondent: Shri Siddharth Agarwal, Advocate
Section 143(3)Section 194CSection 194C(1)Section 40

TDS u/s40(a)(ia), read with section 194C. The Explanation III to section 194C was applicable to the assessment year-in-question. However, it would not apply to the facts of the instant case. This was so because the provisions of section 194C are applicable to payments for carrying out any work in pursuance of a contract. In the case

ITO, WARD-2(2), BURDWAN, BURDWAN vs. M/S. NUR EGG CENTRE, BURDWAN

In the result, appeal of the revenue is dismissed

ITA 1873/KOL/2017[2014-15]Status: DisposedITAT Kolkata10 May 2019AY 2014-15

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1873/Kol/2017 Assessment Year: 2014-15 Income Tax Officer, Ward -2(2), Burdwan….......................................................…..…......Appellant M/S. Nur Egg Centre……………………………………………......……………………………………Respondent 142, Spandan Complex G.T. Road Burdwan - 713101 [Pan : Aacfn 4999 F]

Section 194CSection 194C(3)Section 194C(6)Section 194C(7)Section 250Section 40

3. The assessee in this case has admittedly complied with the proviso to Section 194C(6) of the Act. There was admittedly no compliance of Section 194C(7) of the Act, where a TDS

M/S EXCEL ENGINEERS,KOLKATA vs. J.C.I.T (OSD) CIR - 51,KOLKATA., KOLKATA

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

ITA 1588/KOL/2013[2009-10]Status: DisposedITAT Kolkata25 Nov 2016AY 2009-10

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

For Appellant: Shri Subhas Agarwal, AdvocateFor Respondent: Shri Debnath Lahiri, JCIT
Section 143(3)Section 194CSection 40

section 40(a)(ia) of the Act. In respect of contractor payment of Rs. 21,45,387/- , remittance was made to site in charge / supervisors who appointed local contractors to perform petty works at different sites. Individual payments made to the contractors were below the threshold limit prescribed u/s 194C of the Act. The ld CITA obtained remand report from

I.T.O WD - 7(2),KOLKATA., KOLKATA vs. M/S WINSOME BREWERIES LIMITED, NEW DELHI

In the result, the appeal of revenue is dismissed

ITA 622/KOL/2013[2009-10]Status: DisposedITAT Kolkata16 Dec 2015AY 2009-10

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

For Appellant: Shri Shital C. Das, JCIT, Sr. DRFor Respondent: Shri Manoj Kataruka, Advocate
Section 143(3)Section 194CSection 194JSection 40

TDS u/s. 194C of the Act. Aggrieved, assessee preferred appeal before CIT(A), who allowed the claim of the assesse by observing as under:- “5.2.5 I have carefully considered the facts of the case, the material placed on record and the submissions and arguments advanced on behalf of the appellant. From a careful reading of the provisions of section 194C

RAKSHIT CHEMICALS,HOOGHLY vs. ITO, WARD - 47(2), KOLKATA , KOLKATA

Appeal is partly allowed in above terms

ITA 632/KOL/2018[2011-12]Status: DisposedITAT Kolkata08 May 2019AY 2011-12

Bench: Shri S.S, Godaraassessment Year:2011-12

Section 143(3)Section 194Section 194CSection 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 earned CIT is required; v) section 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 ITA No.632/Kol/2018

M/S. HUTCHISON TELECOM EAST LTD.,KOLKATA vs. ACIT, CIRCLE - 57, KOLKATA, KOLKATA

In the result, the appeals and cross objections of the assessee for the Asst Years

ITA 1101/KOL/2005[2002-03]Status: DisposedITAT Kolkata16 Nov 2016AY 2002-03

Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]

For Appellant: Shri Deepak Chopra, AdvocateFor Respondent: Shri Niraj Kumar, CIT
Section 194JSection 201Section 201(1)

TDS was deductible – Held, yes (paras 12 & 13 ) [In favour of assessee]. 9.3. Respectfully following the aforesaid decisions, we hold that there is no obligation to deduct tax at source for the assessee payer in terms of section 194C or 194J of the Act and hence the assessee cannot be treated as ‘assessee in default

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

194C whereas as a matter of fact, 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

DCIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. SHRADHA AGENCIES PRIVATE LIMITED , HOWRAH

In the result, the appeal of the revenue is dismissed

ITA 1362/KOL/2018[2013-14]Status: DisposedITAT Kolkata12 Jun 2020AY 2013-14

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1362/Kol/2018 ("नधा"रणवष" / Assessment Year:2013-14)

For Appellant: Shri Dhrubajyoti Roy, JCITFor Respondent: Ankita Manek, ACA
Section 144Section 14ASection 194C(7)Section 36(1)Section 36(1)(va)Section 36(2)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; M/s Shradha Agencies Pvt. Ltd. Assessment Year:2013-14 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

D.C.I.T. CIR - 8,KOLKATA, KOLKATA vs. M/S FIVES STEIN INDIA PROJECTS PVT LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 91/KOL/2013[2009-10 & 2010-11]Status: DisposedITAT Kolkata27 Nov 2015

Bench: : Shri M. Balaganesh

For Respondent: Shri Rajendra Prasad, JCIT, Sr.DR
Section 143(3)Section 36(1)(vii)Section 36(2)

194C(3) of the Act”. “4. In regard to ground nos. 1, 2 & 3, which are against the actions of the learned Commissioner in holding that the supply of articles as per the specification of the customer would not attract TDS under section

M/S HERITAGE HEALTH TPA PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 57, KOLKATA, KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1140/KOL/2016[10-Sep]Status: DisposedITAT Kolkata09 Dec 2016

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

TDS) Cir-57 Kol. Page 3 hospitalization and after discharge from hospital have to be claimed from insurance company directly. Many times TPA do not pay full amount even to the hospital, and the policy holder is required to make a claim for reimbursement on insurance company. The insurance company can pay directly or through TPA depending on their understanding

HERIGAGE HEALTH TPA(P)LTD,KOLKATA vs. DCIT(TDS), CIRCLE -57, KOLKATA, KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1156/KOL/2012[2007-08]Status: DisposedITAT Kolkata09 Dec 2016AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

TDS) Cir-57 Kol. Page 3 hospitalization and after discharge from hospital have to be claimed from insurance company directly. Many times TPA do not pay full amount even to the hospital, and the policy holder is required to make a claim for reimbursement on insurance company. The insurance company can pay directly or through TPA depending on their understanding

M/S HERITAGE HEALTH TPA PVT. LTD.,KOLKATA vs. DCIT, CIRCLE - 57, KOLKATA, KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1139/KOL/2016[09-Aug]Status: DisposedITAT Kolkata09 Dec 2016

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

TDS) Cir-57 Kol. Page 3 hospitalization and after discharge from hospital have to be claimed from insurance company directly. Many times TPA do not pay full amount even to the hospital, and the policy holder is required to make a claim for reimbursement on insurance company. The insurance company can pay directly or through TPA depending on their understanding

M/S HERITAGE HEALTH TPA PVT. LTD.,KOLKATA vs. DCIT, CIR-57(TDS), KOLKATA, KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 643/KOL/2016[2007-08]Status: DisposedITAT Kolkata09 Dec 2016AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

TDS) Cir-57 Kol. Page 3 hospitalization and after discharge from hospital have to be claimed from insurance company directly. Many times TPA do not pay full amount even to the hospital, and the policy holder is required to make a claim for reimbursement on insurance company. The insurance company can pay directly or through TPA depending on their understanding

A.C.I.T(TDS) CIR - 57,KOL, KOLKATA vs. M/S HERITAGE HEALTH TPA (P) LTD., KOLKATA

In the result, appeals of assessee are allowed for statistical purpose

ITA 1761/KOL/2012[2008-2009]Status: DisposedITAT Kolkata09 Dec 2016AY 2008-2009

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 194JSection 254

TDS) Cir-57 Kol. Page 3 hospitalization and after discharge from hospital have to be claimed from insurance company directly. Many times TPA do not pay full amount even to the hospital, and the policy holder is required to make a claim for reimbursement on insurance company. The insurance company can pay directly or through TPA depending on their understanding