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372 results for “TDS”+ Section 201(1)clear

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Key Topics

Section 201(1)91TDS80Section 20172Section 4065Section 194J57Deduction56Addition to Income46Section 143(3)44Section 25038Disallowance

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

ITA 1616/KOL/2017[2012-13]Status: DisposedITAT Kolkata31 Dec 2018AY 2012-13

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 143(3)Section 195Section 246ASection 271(1)(c)Section 40Section 40ASection 9(1)(vii)

TDS certificate is essential. 6. Whether this contention is correct, is the issue to be decided. 7. In order to appreciate this contention, it is necessary to consider the relevant provisions of the Act:-- (i) Section 40(a)(i) of the Act :-- "Section 40 - Amounts not deductible: Notwithstanding anything to the contrary in sections 30 to 38, the following amounts

Showing 1–20 of 372 · Page 1 of 19

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29
Section 14725
Section 194C24

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

ITA 1615/KOL/2017[2011-12]Status: DisposedITAT Kolkata31 Dec 2018AY 2011-12

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 143(3)Section 195Section 246ASection 271(1)(c)Section 40Section 40ASection 9(1)(vii)

TDS certificate is essential. 6. Whether this contention is correct, is the issue to be decided. 7. In order to appreciate this contention, it is necessary to consider the relevant provisions of the Act:-- (i) Section 40(a)(i) of the Act :-- "Section 40 - Amounts not deductible: Notwithstanding anything to the contrary in sections 30 to 38, the following amounts

D.C.I.T.,CIRCLE-2(2), KOLKATA vs. M/S SHALIMAR WIRES INDUSTRIES LTD., KOLKATA

Appeal is dismissed

ITA 1354/KOL/2019[2013-14]Status: DisposedITAT Kolkata23 Dec 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013-14

Section 143(3)Section 5(2)(b)Section 9(1)

201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee referred to in the said proviso. (ii) Explanation 2 to Section 195(1) of the Act :— 'Section 195 - Other sums: (1

ACIT, CIR-2, TDS, KOLKATA, KOLKATA vs. LUX INDUSTRIES LTD., KOLKATA

Appeals are dismissed

ITA 1144/KOL/2015[2012-2013]Status: DisposedITAT Kolkata27 Jun 2018AY 2012-2013

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

For Appellant: Shri Nicholas Murmu, Addl. CIT, Sr.DRFor Respondent: Shri Amit Agarwal, AR
Section 201Section 201(1)Section 9(1)Section 9(2)Section 91

TDS in similar facts and circumstances. He also appears to have taken into consideration various legislative amendments in section 9(1) as well as section 9(2) of the Act to raise the impugned demand of principal and interest u/s 201

ACIT, CIR-2, TDS, KOLKATA, KOLKATA vs. LUX INDUSTRIES LTD., KOLKATA

Appeals are dismissed

ITA 1145/KOL/2015[2013-2014]Status: DisposedITAT Kolkata27 Jun 2018AY 2013-2014

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

For Appellant: Shri Nicholas Murmu, Addl. CIT, Sr.DRFor Respondent: Shri Amit Agarwal, AR
Section 201Section 201(1)Section 9(1)Section 9(2)Section 91

TDS in similar facts and circumstances. He also appears to have taken into consideration various legislative amendments in section 9(1) as well as section 9(2) of the Act to raise the impugned demand of principal and interest u/s 201

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

1) of Section 37 of the Income-tax Act, 1961. The Supreme Court had decided the issue in favour of the revenue and against the assessee. 7.9 From the analysis of the above cases it can be seen that there is a consensus among the Courts and it has been consistently held that interest paid u/s 201(1A) for delay

M/S. ELECTROSTEEL CASTING LIMITED.,KOLKATA vs. ITO (INTERNATIONAL TAXATION) WARD, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 140/KOL/2018[2014-15]Status: DisposedITAT Kolkata27 Sept 2019AY 2014-15

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

Section 133(6)Section 201(1)Section 250Section 9(1)(vii)Section 9(2)

TDS-3 Vs M/s Bajaj Hindusthan Ltd [ ITA No. 63/Mum/09]. I however find the submissions of the ld. AR to be untenable in the context of the amendments brought in Section 9(1)(vii) by the Legislature in the Finance Act, 2010. 5. The Explanation to Section 9(2) was inserted by the Legislature which clarified that irrespective whether services

M/S PEERLESS HOSPITEX HOSPITAL AND RESERCH CENTRE LTD.,KOLKATA vs. ITO, WD-11(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1107/KOL/2014[2009-2010]Status: DisposedITAT Kolkata11 Jul 2018AY 2009-2010

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1107/Kol/2014 Assessment Years : 2009-10 M/S Peerless Hospitex Hospital & Research Centre Ltd. -Vs- Ito, Ward-11(1), Kolkata [Pan: Aabcp 7225 L ] (Appellant) (Respondent)

For Appellant: Shri S.K. Tulsiyan, Adv. (AR)For Respondent: Shri P. K. Srihari, CIT(DR)
Section 12ASection 143(3)Section 197(1)Section 40

TDS till the date of deduction/ payment, as the case may be, at the respective interest rates. Admittedly, this interest is calculated on the tax that is due to be paid. When there is no tax due to be paid , then there cannot be any charging of interest u/s 201(1A) of the Act. We find that section 201

GLOBAL VENTURE CORPORATION,KOLKATA vs. ACIT, CIRCLE-49, KOLKATA, KOLKATA

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

ITA 107/KOL/2017[2006-07]Status: DisposedITAT Kolkata03 Apr 2019AY 2006-07

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm]

Section 194CSection 40

section 201(1) and did not give relief to the assessee. The precise issue of belated filing of return by the payees which precipitated the action of the authorities below denying the relief in such circumstances has been adjudicated by coordinate bench of this Tribunal in the case 6 Global Venture Corporation AY 2006-07 of Jashojit Mukherjee vs ACIT

JASHOJIT MUKHERJEE,KOLKATA vs. ACIT, CIR-50, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 403/KOL/2017[2012-13]Status: DisposedITAT Kolkata04 May 2018AY 2012-13

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 403/Kol/2017 Assessment Year : 2012-13 Jashojit Mukherjee -Vs- Acit, Circle-50, Kolkata [Pan: Afapm 7208 R] (Appellant) (Respondent)

For Appellant: Shri P.K. Himmatsinghka, ARFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 133(6)Section 139(4)Section 143(2)Section 143(3)Section 41(1)

TDS details, the ld AO noticed that the assessee had short deducted tax at source in respect of amount paid to Adhir Kumar Mondal to the tune of Rs 1,15,716/-. The ld AO disallowed the same u/s 40(a)(ia) of the Act for short deduction of tax at source. In appeal, the ld CITA observed that

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T. (TDS), CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1055/KOL/2024[2017-2018]Status: DisposedITAT Kolkata26 Aug 2024AY 2017-2018

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,EAST SIKKAM vs. D.C.I.T. (TDS), CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1053/KOL/2024[2016-2017]Status: DisposedITAT Kolkata26 Aug 2024AY 2016-2017

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T. (TDS), GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1050/KOL/2024[2015-2016]Status: DisposedITAT Kolkata26 Aug 2024AY 2015-2016

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,RANGPO, EAST SIKKIM vs. DCIT (TDS), CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1044/KOL/2024[2012-2013]Status: DisposedITAT Kolkata26 Aug 2024AY 2012-2013

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T.(TDS), CIRCLE - 5 , GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1051/KOL/2024[2015-2016]Status: DisposedITAT Kolkata26 Aug 2024AY 2015-2016

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T. (TDS), CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1047/KOL/2024[2013-2014]Status: DisposedITAT Kolkata26 Aug 2024AY 2013-2014

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T.(TDS), CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1052/KOL/2024[2016-2017]Status: DisposedITAT Kolkata26 Aug 2024AY 2016-2017

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T. (TDS), GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1048/KOL/2024[2014-2015]Status: DisposedITAT Kolkata26 Aug 2024AY 2014-2015

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T.(TDS), CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1054/KOL/2024[2017-2018]Status: DisposedITAT Kolkata26 Aug 2024AY 2017-2018

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201

SIKKIM DISTILLERIES LIMITED,EAST SIKKIM vs. D.C.I.T., CIRCLE - 5, GANGTOK, GANGTOK

In the result, all the 12 appeals filed by the assessee are partly allowed for statistical purposes

ITA 1046/KOL/2024[2013-2014]Status: DisposedITAT Kolkata26 Aug 2024AY 2013-2014

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 144Section 147Section 201Section 201(1)Section 206CSection 206C(7)

1. That a survey was conducted on the Company on 16.02.2018, and post such survey, the copies of inventorised and impounded books of accounts were forwarded to the Ld. Deputy Commissioner of Income Tax (TDS), Circle 5, Gangtok [Ld. AO’]. 2. That the Ld. AO passed separate orders dated 18.12.2018 under sections 201