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104 results for “TDS”+ Section 198clear

Sorted by relevance

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Key Topics

Section 143(3)122Section 26379Addition to Income49TDS43Deduction36Disallowance26Section 5(2)25Section 153A25Section 2(22)(e)23Section 40

SUN BIOTECHNOLOGY LTD.,KOLKATA vs. DCIT, CIRCLE-7(2), KOLKATA

In the result, appeal of the assessee is tr

ITA 2131/KOL/2019[2012-13]Status: DisposedITAT Kolkata02 Jun 2020AY 2012-13

Bench: Shri P.M. Jagtap, Hon’Ble, Kz) Assessment Years: 2012-13 Sun Biotechnology Ltd.....………….………...........................................................……………….…......Appellant 21A, Shakespeare Sarani Kolkata – 700 017 [Pan : Aaecs 8587 R] Vs. Deputy Commissioner Of Income Tax, Circle-7(2) Kolkata…………….......….……....…....Respondent Appearances By: Shri Subash Agarwal, A/R, Appeared On Behalf Of The Assessee. Shri Jayanta Khanra, Jcit Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : June 2Nd, 2020 Date Of Pronouncing The Order : June 2Nd, 2020 Order Per P.M. Jagtap, Vp, Kz:-

Section 143(3)

section 198 "all sums deducted in accordance with the foregoing provisions of this chapter (that means provisions of this chapter (that means from Sec lion 192 to 196) shall for from Sec lion 192 to 196) shall for the purpose of computing the income of an assessee be de computing the income of an assessee be deemed to be income

ACIT, CIRCLE - 4, KOLKATA vs. M/S. APEX ENTERPRISES (I) LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

Showing 1–20 of 104 · Page 1 of 6

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Section 12A21
Revision u/s 26318
ITA 286/KOL/2008[2003-04]Status: DisposedITAT Kolkata18 Nov 2016AY 2003-04

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

For Appellant: Shri Rabin Choudhury, JCITFor Respondent: Shri D. S. Damle, FCA
Section 143(3)Section 73

TDS certificate to the assessee. Section 198 of the Act provides that the tax deducted at source shall be deemed

ITO, WARD - 28(1), KOLKATA , KOLKATA vs. SHRI DIPTENDRA NATH GANGULY, KOLKATA

In the result, the appeal filed by the Revenue is dismissed

ITA 2413/KOL/2016[2008-09]Status: DisposedITAT Kolkata06 Jun 2018AY 2008-09

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2413/Kol/2016 ("नधा"रणवष" / Assessment Year: 2008-09) Ito, Ward-28(1), Kolkata Vs. Shri Diptendra Nath Ganguly M/S. Techcreate India, 110/18A, Aayakar Bhawan Dakhin, 2, Gariahat Selimpur Road, Kolkata – 700031. Road (South), Kol-68. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Afdpg 7982 D (Appellant) .. (Respondent)

For Appellant: Shri Soumyajit Dasgupta, Addl. CIT(Sr. DR)For Respondent: Shri Pinaki Maji, ACA & Sri Anjan Kr. Maiti, FCA
Section 133(6)Section 143(3)Section 147Section 40

TDS of Rs. 1,37,931/-. During the assessment proceedings, the assessee submitted that these payments were purely advances and advances received is not an income as no bill has been raised during the F.Y. 2007-08. However, the Assessing Officer rejected the contention of the assessee and held that as per Section 198

DCIT, CC-1(3), KOLKATA, KOLKATA vs. M/S. EMC LIMITED, KOLKATA

In the result, both the appeal of revenue is dismissed

ITA 2149/KOL/2017[2014-15]Status: DisposedITAT Kolkata27 May 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

Section 115JSection 143(2)Section 14A

section 198 of the Act, the AO has rightly made the disallowance of Rs.142,53,74,710/- as income of the assessee which has been erroneously deleted by the AO which should be reversed and the AO’s order should be upheld. 7. Per contra, the Ld. AR for the assessee contended that assessee is in the business of supply

DEEPSHIKHA TRADING COMPANY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(2), KOLKATA

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

ITA 1957/KOL/2024[2018-2019]Status: DisposedITAT Kolkata14 Jan 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143Section 143(1)Section 143(2)Section 143(3)Section 250

Section 198 of the Act, the tax deducted is income received for the purpose of computing the income of an assessee. Since the income on which TDS

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 'grossed up' amount, although the addition made by him was otherwise correct in law. The amount of tax deducted at source is deemed income of the payee (i.e. the assessee) as per the provisions of Section 198

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 'grossed up' amount, although the addition made by him was otherwise correct in law. The amount of tax deducted at source is deemed income of the payee (i.e. the assessee) as per the provisions of Section 198

ITO, WD-31(1), KOLKATA, KOLKATA vs. M/S BATA INDIA LTD. EMPLOYEES STATUTORY PROVIDENT FUND, KOLKATA

In the result the appeal by the revenue is dismissed

ITA 103/KOL/2014[2006-2007]Status: DisposedITAT Kolkata12 Aug 2016AY 2006-2007

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 103/Kol/2014 Assessment Year : 2006-07

For Appellant: Shri Rakesh Kr.Das, JCIT.Sr.DRFor Respondent: Shri S.Jhajharia, AR
Section 10Section 10(25)(ii)Section 139(1)Section 17Section 44A

TDS certificates mentioned AY 2005-06 but corresponding income was accounted for in the books of account in the AY 2006-07 as income accrued in such AY only. Sections 198

INDIAN OIL CORPORATION LTD. MARKETING DIVISION (EASTERN REGION),KOLKATA vs. DCIT, CIRCLE - 58 (TDS)/KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

ITA 1517/KOL/2009[2002-03]Status: DisposedITAT Kolkata20 Jul 2016AY 2002-03

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 133ASection 194CSection 201Section 201(1)

section 197 of the Act. Therefore, argument ITA No.1517-1519/Kol/2009 A.Ys 02-03 to 04-05 Indian Oil Corpn Ltd. Marketing Divn. (E) Region v. DCIT Cir-58 (TDS0 Kol. Page 6 raised by assessee cannot be accepted that payment is not in the nature of work contracts and therefore not allowable due to non deduction of TDS. In view

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)

TDS provision as it does not generate any income in the hands of the recipient and consequently the provisions of section 40(a)(ia) could not be invoked. Hence this ground of appeal of the revenue is dismissed. ITA No.1160 & 2305/Kol/2013 A.Ys. 2008-09 & 2004-05 DCIT Cir-11, Kol v. M/s AT & S India Pvt. Ltd. Page 12 Coming

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)

TDS provision as it does not generate any income in the hands of the recipient and consequently the provisions of section 40(a)(ia) could not be invoked. Hence this ground of appeal of the revenue is dismissed. ITA No.1160 & 2305/Kol/2013 A.Ys. 2008-09 & 2004-05 DCIT Cir-11, Kol v. M/s AT & S India Pvt. Ltd. Page 12 Coming

M/S. A.K. INDUSTRIES ,HOWRAH vs. ACIT, CIRCLE - 46, KOLKATA , KOLKATA

The appeal is dismissed

ITA 665/KOL/2018[2009-10]Status: DisposedITAT Kolkata19 Feb 2020AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2009-10

Section 143(3)Section 147Section 154Section 194CSection 234BSection 40

TDS u/s. 194C of the Act on various head(s) of payments. The CIT(A)’s detailed discussion to this effect reads as follows:- “4. "ल"खत ""ब"ट / Written submission The A/R of the appellant submitted written submission, to substantiate its claim, which is re-produced as under: "We write the above references, wherein the A. O. has instructed

M/S STANDARD FINANCIAL CONSULTANTS PVT. LTD. ,KOLKATA vs. DCIT, CIR.7(2), KOLKATA

In the result, assessee’s appeal stands allowed

ITA 178/KOL/2021[2015-16]Status: HeardITAT Kolkata08 Jan 2024AY 2015-16

Bench: Sri Rajesh Kumar & Sonjoy Sarma

Section 194ASection 2Section 40

TDS was deposited within the due date of filing of income tax Page 3 of 7 I.T.A. No.: 178/KOL/2021 Assessment Year: 2015-16 M/s. Standard Financial Consultants Private Limited. returns and the deduction is allowable in terms of judgment of Hon’ble jurisdictional High Court in the case of CIT Vs. Virgin Creations in G.A. No. 3200 of 2011 & ITAT

HARBHAJAN SINGH,BURDWAN vs. I.T.O WD - 1(4),KOLKATA, ASANSOL

In the result, assessee’s appeal stands allowed

ITA 1076/KOL/2013[2008-09]Status: DisposedITAT Kolkata18 Jan 2017AY 2008-09

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2008-09

Section 143(3)Section 269S

TDS was deposited within the due date of filing of income tax returns and the deduction is allowable in terms of judgment of Hon’ble jurisdictional High Court in the case of CIT Vs. Virgin Creations in G.A. No. 3200 of 2011 & ITAT No. 302 of 2011 wherein it was held as under:- “Moreover, the Supreme Court, as has been

NITSON & AMITSU PRIVATE LIMITED,KOLKATA vs. A.C.I.T., CIRCLE-1(2), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 160/KOL/2019[2013-14]Status: DisposedITAT Kolkata08 Jan 2021AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 143(3)Section 263Section 263(1)

TDS. [Annexure 'J'] (xi) Rates & Taxes. [Annexure 'K'] (xii) Details of telephone charges. [Annexure 'L'] (xiii) Car running expenses. [Annexure 'M']” 11.1. The assessee has given detailed replies during the course of assessment proceedings to the queries of the ld. AO. Before the Pr. CIT the assessee had made elaborate submissions. After considering the same, the Pr. CIT rejected

M/S KINNOR KINNOREE,KOLKATA vs. CIT-X, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 176/KOL/2022[2005-06]Status: DisposedITAT Kolkata30 Aug 2022AY 2005-06

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Manish Borad

Section 143(2)Section 143(3)Section 263

TDS has been made by the assessee. Therefore, all the above mentioned amounts were required to have been added to total income u/s 40(a)(ia) of the I.T. Act, 1961. As per section 40(a)(ia) of the I.T. Act if no tax was deducted from payment to contractors/sub-contractors u/s 194C, the expenditure was not deductible from the earnings

TURNER MORRISON LTD. ,KOLKATA vs. DCIT, CIR, KOL, KOLKATA

In the result, appeal of the assessee is allowed for statistical purposes

ITA 530/KOL/2023[2020-21]Status: DisposedITAT Kolkata07 Feb 2024AY 2020-21

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2020-21

For Appellant: Shri Miraj D. Shah, ARFor Respondent: Shri S. Datta, CIT, DR
Section 143(1)

198 of the Act. This is a principle, whereby, income which is payable, say, under any agreement/arrangement [in a case not referred to in Section 192(JA), and the tax chargeable on that income is required to be deducted by 7 Turner Morrison Ltd. AY 2020-21 the payor; then the income is increased by the payor/deductor and offered

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

ITA 116/KOL/2023[2013-2014]Status: DisposedITAT Kolkata10 Aug 2023AY 2013-2014

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Subhrajyoti Bhattacharjee, CIT D/R
Section 14ASection 2(22)Section 2(22)(e)Section 2(24)(x)Section 250Section 36(1)(va)

198 (SC). Section 2(22) starts with the words" Dividend includes " Thus, the definition of dividend is inclusive and not exhaustive. 9.5 Section 2(22)(e) reads as any payment by a company, not being a company in which the public are substantially interested, of any sum (whether as representing a part of the assets of the company or otherwise

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

ITA 119/KOL/2023[2017-2018]Status: DisposedITAT Kolkata10 Aug 2023AY 2017-2018

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Subhrajyoti Bhattacharjee, CIT D/R
Section 14ASection 2(22)Section 2(22)(e)Section 2(24)(x)Section 250Section 36(1)(va)

198 (SC). Section 2(22) starts with the words" Dividend includes " Thus, the definition of dividend is inclusive and not exhaustive. 9.5 Section 2(22)(e) reads as any payment by a company, not being a company in which the public are substantially interested, of any sum (whether as representing a part of the assets of the company or otherwise

APEEJAY PVT. LTD.,KOLKATA vs. D.C.I.T., CIRCLE - 8(1), KOLKATA, KOLKATA

In the result, appeals of the assessee for Assessment Year 2013-14

ITA 117/KOL/2023[2014-15]Status: DisposedITAT Kolkata10 Aug 2023AY 2014-15

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 116/Kol/2023 Assessment Year: 2013-14

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Subhrajyoti Bhattacharjee, CIT D/R
Section 14ASection 2(22)Section 2(22)(e)Section 2(24)(x)Section 250Section 36(1)(va)

198 (SC). Section 2(22) starts with the words" Dividend includes " Thus, the definition of dividend is inclusive and not exhaustive. 9.5 Section 2(22)(e) reads as any payment by a company, not being a company in which the public are substantially interested, of any sum (whether as representing a part of the assets of the company or otherwise