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4 results for “TDS”+ Section 194Gclear

Sorted by relevance

Delhi36Mumbai6Kolkata4Chennai4Bangalore3Indore3Karnataka2Jabalpur2SC1Kerala1Patna1Amritsar1

Key Topics

Section 2015Section 143(3)5Section 1974Section 1544Section 199(3)4Section 404Deduction3TDS3Disallowance2

M/S. FUTURE DISTRIBUTORS,KOLKATA vs. PR.CIT, KOLKATA - 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 277/KOL/2016[2010-2011]Status: DisposedITAT Kolkata29 Jul 2016AY 2010-2011

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 131Section 133ASection 143(3)Section 145(3)Section 263Section 40

TDS on reimbursement is found to be not acceptable, the deduction of tax at source, if any, was required to be done as per the provisions of section 194B applicable to payment of income by way of winning from any lottery, etc. and not under section 194G

J.C.I.T RANGE - 56,KOLKATA, KOLKATA vs. M/S ARTI & SONS., KOLKATA

In the result, the appeal filed by the Revenue on ground No

ITA 1932/KOL/2012[2009-10]Status: DisposedITAT Kolkata19 Apr 2017AY 2009-10

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.1932/Kol/2012 ("नधा"रण वष" /Assessment Year:2009-2010) Jcit, Range-56, 3, Govt Place Vs. M/S Arti & Sons, (W), 2Nd Floor, Kolkata-700001 167/4, Lenin Sarani, 2Nd Floor, Kolkata-700072 "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aaefa 6622 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee By : Shri G.Mallikarjuna, Cit Dr Revenue By : Shri V.N.Purohit, Ar सुनवाई क" तार"ख / Date Of Hearing : 09/03/2017 घोषणा क" तार"ख/Date Of Pronouncement 19/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue Pertaining To The Assessment Year 2009-2010, Is Directed Against The Order Passed By Ld. Cit(A)-Xxxvi, Kolkata In Appeal No.357/Cit(A)-Xxxvi/Kol/R-56/10-11, Dated 29.10.2012, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 30.12.2010. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Filed Its E-Return Of Income, Disclosing Total Income Of Rs.99,12,640/- On 22.09.2008. The Assessee’S Case Was Selected For Scrutiny U/S.143(3) Of The Act & The Ao Has Completed The Assessment By Making Addition On Account Of Gross Receipts From C&F Commission At Rs.5,33,81,892/- & On Account Of Undisclosed Liabilities Paid Through Credits In The Books Of Tiger Associates At Rs.7,12,32,585/-.

For Appellant: Shri G.Mallikarjuna, CIT DRFor Respondent: Shri V.N.Purohit, AR
Section 143(3)Section 194G(1)Section 40Section 40a

TDS thereon U/s 194G(1). Regarding under reporting of commission by Rs.15,40,294/-, the assessee could not explain this difference during the remand report to A.O. and also during appellate proceedings, therefore the ld CIT(A) enhanced the income of the assessee by Rs.15,40,294/-. 4. Regarding disallowance of commission payment of Rs.4

SANDERSONS & MORGANS,KOLKATA vs. ACIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1520/KOL/2009[2004-05]Status: DisposedITAT Kolkata23 Sept 2015AY 2004-05

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2004-05 (Appellant ) (Respondent) Sandersans & Morgans -Versus- A.C.I.T., Circle-54, Kolkata Kolkata (Pan:Abbfs 4291 B) For The Appellant : Shri J.P.Khaitan & Shri S.Basu, Advocate For The Respondent : Shri D.Banerjee, Jcit Date Of Hearing : 21.09.2015. Date Of Pronouncement : 23.09.2015 Order Per Shri M.Balaganesh, Am 1. This Appeal Of The Revenue Arises Out Of The Order Of The Learned Cita In Appeal No. 85/Cit(A)-Xxxvii/Acit-54/08-09. Dated 18.03.2009 For The Asst Year 2004-05 Arising Out Of The Order Of The Learned Assessing Officer Framed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’).

For Appellant: Shri J.P.Khaitan & Shri S.Basu, AdvocateFor Respondent: Shri D.Banerjee, JCIT
Section 143(3)Section 154Section 155(14)Section 199(3)

TDS was sought to be modified through clauses 56 and 59 of the Finance Bill, 2002 and the same have also been explained in the Memorandum explaining the provisions of the Finance Bill to state that: "Under the existing provisions of section 199 of the Income-tax Act, any deduction made in accordance with the provisions of sections

M/S TWENTY FIRST CENTURY SECURITIES LTD.,KOLKATA vs. THE ITO, WD-59(4) (TDS), KOLKATA, KOLKATA

In the result both the appeals are allowed

ITA 464/KOL/2014[2008-2009]Status: DisposedITAT Kolkata03 Feb 2017AY 2008-2009

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri Sallong Yaden, Addl. CIT(DR)
Section 194ASection 197Section 20Section 201

TDS has to be made at a lower rates. It was further submitted that it was the person to whom the payment is made i.e., the payee who has to obtain a certificate u/s.197 of ITA Nos.464&465/Kol/2014-M/s. Twenty First Century Securities Ltd A.Y.2008-09 & 2009-10 5 the Act. Before issue of a certificate u/s.197 of the Act, the payee