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57 results for “TDS”+ Section 241clear

Sorted by relevance

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Key Topics

Section 14A41Section 143(3)40Deduction27Section 115J26Disallowance26Section 4020Addition to Income19Section 26318Depreciation17Section 147

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. Accordingly, we are of the considered view that CIT(A) has rightly deleted the disallowance and we confirm the same.” 4.As the issue raised by the revenue is exactly on similar facts in the present case, taking a consistent view, we are of the view that the amended provisions of section 194C(1) of the Act will not apply

Showing 1–20 of 57 · Page 1 of 3

16
Section 6812
TDS12

ITO,WD-1(2), BURDWAN, BURDWAN vs. M/S CEMCO MARKETING, BURDWAN

Appeals are dismissed

ITA 1418/KOL/2016[2012-13]Status: DisposedITAT Kolkata13 Jun 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 194CSection 40

TDS had to be deducted on CF & Transportation Charges and the said disallowance therefore is not upheld. 3. For that on the fact and circumstances of the case, it is begged before your honour to note that the Ld. A.D has erred in disallowing Rs.95,05,125.00 on account of secondary transport and assessee firm handles cement from the railway

ITO, WD-1(2), BURDWAN, BURDWAN vs. M/S CEMCO MARKETING, BURDWAN

Appeals are dismissed

ITA 1056/KOL/2016[2010-2011]Status: DisposedITAT Kolkata13 Jun 2018AY 2010-2011

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 194CSection 40

TDS had to be deducted on CF & Transportation Charges and the said disallowance therefore is not upheld. 3. For that on the fact and circumstances of the case, it is begged before your honour to note that the Ld. A.D has erred in disallowing Rs.95,05,125.00 on account of secondary transport and assessee firm handles cement from the railway

GOGHAT THANA LARGE SIZED PRIMARY COOPERATIVE AGRICULTURAL MARKETING SOCIETY LTD.,HOOGHLY vs. ACIT, CIR-1, HOOGHLY, HOOGHLY

In the result, the appeal of the assessee is allowed

ITA 1872/KOL/2017[2012-13]Status: DisposedITAT Kolkata30 Nov 2018AY 2012-13

Bench: Hon’Ble Shri A T Varkey, Jm & Shri M.Balaganesh, Am] I.T.A No. 1872 /Kol/2017 Assessment Year : 2012-13 M/S Goghat Thana Large Sized Primary -Vs- Acit, Circle-1, Hooghly Cooperative Agricultural Marketing Society Ltd. [Pan: Aaalg 0062 E ] (Appellant) (Respondent)

For Appellant: Shri P.K. Roy, AdvocateFor Respondent: Shri P.K. Srihari, CIT DR
Section 143(3)Section 263Section 36(1)(vii)Section 40A(7)(a)Section 80PSection 80P(2)(a)

TDS under law, such disallowance would ultimately increase assessee's profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB of the Act. This view was taken by the courts in the following cases: 4 5 M/s Goghat Thana

M/S. SPML INFRA LIMITED ,KOLKATA vs. DCIT, CIRCLE - 8(2), KOLKATA , KOLKATA

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

ITA 1228/KOL/2018[2011-12]Status: DisposedITAT Kolkata17 Jan 2020AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1228/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

For Appellant: Shri S.K. Tulsiyan, Advocate & Ms. Lata Goyal, ACAFor Respondent: Shri Radhey Shyam, CIT
Section 263

section 142 of the Act, as explained above, therefore order passed by Assessing Officer should be quashed. The ld Counsel further submitted before us that it is also the matter of fact that both the projects undertaken by the assessee were Government projects and were duly monitored by the authorities who have given the said projects to the assessee

DCIT, CIRCLE - 8(2), KOLKATA , KOLKATA vs. M/S. SPML INFRA LIMITED , KOLKATA

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

ITA 1211/KOL/2018[2011-12]Status: DisposedITAT Kolkata17 Jan 2020AY 2011-12

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1228/Kol/2018 ("नधा"रणवष" / Assessment Year:2011-12)

For Appellant: Shri S.K. Tulsiyan, Advocate & Ms. Lata Goyal, ACAFor Respondent: Shri Radhey Shyam, CIT
Section 263

section 142 of the Act, as explained above, therefore order passed by Assessing Officer should be quashed. The ld Counsel further submitted before us that it is also the matter of fact that both the projects undertaken by the assessee were Government projects and were duly monitored by the authorities who have given the said projects to the assessee

RAGHVENDRA PRATAP SINGH,KOLKATA vs. ACIT, CIRCLE - 28, KOLKATA

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

ITA 612/KOL/2024[2013-14]Status: DisposedITAT Kolkata02 Jul 2024AY 2013-14

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

Section 40Section 69C

TDS, disallowance of expenditure ought not to be made if the payee has taken such sum as part of its gross receipt/income and paid taxes thereon. In the instant case, sum has been paid to M/s. Tata Capital Limited and one cannot doubt that such receipts have not been offered to tax by Tata Capital Limited or not forming

BMC ELECTROPLAST PRIVATE LIMITED,KOLKATA vs. A.C.I.T., CIRCLE - 2(1),, KOLKATA

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

ITA 1871/KOL/2025[2017-2018]Status: DisposedITAT Kolkata10 Dec 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Bmc Electroplast Pvt. Ltd…..……..………………….……….……….……Appellant 130/22, Bakrahat Road, B S Industrial Estate, Hanspukur, South 24 Parganas, Kol – 700104. [Pan: Aabcb0407E] Vs. Acit, Circle-2(1), Kolkata…………...…………………….....……...…..…..Respondent Appearances By: Rip Das, Ca, Appeared On Behalf Of The Appellant. Ruchika Sharma, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2025 Date Of Pronouncing The Order : December 10, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.12.2024 Of The Cit(Appeal), Addl/Jcit(A), Agra (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That In This Case, The Assessee Filed Its Return Of Income For A.Y 2017-18 On 04/11/2017 Declaring A Total Loss Of Rs. 1,60,82,362/-. The Case Was Selected For Scrutiny Through Computer Assisted Scrutiny Selection (Cass). The Assessing Officer Completed The Assessment Under Section 143(3) Of The Act Determining The Total Loss At Rs. 65,20,241/- After Making Certain Disallowances As Follows: Bmc Electroplast Pvt. Ltd A) Disallowance Of Excess Claim Of Deduction U/S 35(2Ab) Amounting To Rs. 56,73,734/-

Section 143(3)Section 250Section 35Section 36(1)(va)Section 40

section 143(3) of the Act determining the total loss at Rs. 65,20,241/- after making certain disallowances as follows: BMC Electroplast Pvt. Ltd a) Disallowance of excess claim of deduction u/s 35(2AB) amounting to Rs. 56,73,734/- b) Disallowance u/s 40(a)(ia) amounting to Rs. 33,44,625/- for non-deduction of TDS

ABC INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE 11(1),, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2673/KOL/2025[2022-2023]Status: DisposedITAT Kolkata15 Apr 2026AY 2022-2023

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Abc India Limited Dcit, Circle 11(1) 40/8, Ballygunj, Circular Road, Aayakar Bhawan, Chowringhee Kolkata, West Bengal-700019 Square, Kolkata-700069 Vs. West Bengal (Appellant) (Respondent) Pan No. Aacca2035J Assessee By : Shri S.K. Pransukhka, Ar Revenue By : Shri Sanjib Kumar Paul, Dr Date Of Hearing: 16.02.2026 Date Of Pronouncement: 15.04.2026

For Appellant: Shri S.K. Pransukhka, ARFor Respondent: Shri Sanjib Kumar Paul, DR
Section 119Section 143(2)Section 143(3)Section 144BSection 14A

241 (Mumbai - Trib.)[26-09-2025] wherein the co-ordinate Bench has held as under:- “12. We find that section 2(47) of the Act uses the word "or" instead of "and". Therefore, all the conditions as laid down in the provisions of section 2(47) of the Act are not required to be cumulatively satisfied, and even

EIH LTD.,KOLKATA vs. THE DCIT, CIR-8(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the revenue is dismissed

ITA 110/KOL/2016[2011-2012]Status: DisposedITAT Kolkata12 Jan 2018AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

For Appellant: Shri Kanchun Kaushal,ARFor Respondent: Shri G.Mallikarjuna, CIT DR
Section 14ASection 14A(2)

TDS provisions are not applicable in respect of the aforesaid payments. The ld AO observed that the aforesaid payments squarely falls under section 33 A.Yrs.2011-12 194J of the Act in as much as these directors had not offered the commission and sitting fees income under the head ‘income from salary’ in their returns of income and instead they

DCIT, CIR-8(1), KOLKATA, KOLKATA vs. M/S EIH LTD., KOLKATA

In the result, the appeal of the assessee is partly allowed for statistical purposes and the appeal of the revenue is dismissed

ITA 153/KOL/2016[2011-2012]Status: DisposedITAT Kolkata12 Jan 2018AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 153/Kol/2016 Assessment Year : 2011-12 Dcit, Circle-8(1), Kolkata -Vs- M/S Eih Limited [Pan: Aaace 6898 B] (Appellant) (Respondent) I.T.A No. 110/Kol/2016 Assessment Year : 2011-12 M/S Eih Limited -Vs- Dcit, Circle-8(1), Kolkata [Pan: Aaace 6898 B] (Appellant) (Respondent) For The Appellant : Shri Kanchun Kaushal,Ar For The Department : Shri G.Mallikarjuna, Cit Dr Date Of Hearing : 26.10.2017 Date Of Pronouncement : 12.01.2018 Order Per Bench:

For Appellant: Shri Kanchun Kaushal,ARFor Respondent: Shri G.Mallikarjuna, CIT DR
Section 14ASection 14A(2)

TDS provisions are not applicable in respect of the aforesaid payments. The ld AO observed that the aforesaid payments squarely falls under section 33 A.Yrs.2011-12 194J of the Act in as much as these directors had not offered the commission and sitting fees income under the head ‘income from salary’ in their returns of income and instead they

DCIT, CIRCLE-4(2), KOLKATA, KOLKATA vs. M/S MERCURY CAR RENTALS LIMITED, KOLKATA

In the result, appeal of the revenue is partly allowed

ITA 2051/KOL/2016[2006-07]Status: DisposedITAT Kolkata10 Oct 2018AY 2006-07

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M. Balaganesh, Am]

Section 194Section 194CSection 194HSection 194JSection 199

sections based on erroneous understanding of law or under ignorance of law and, therefore, the ITS data has reported erroneously income under the heads of rent and professional fees. It was also brought to our notice that the assessee does not own any property which could fetch rental income which would be apparent on a perusal of the fixed asset

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 488/KOL/2006[2002-03]Status: DisposedITAT Kolkata10 Jun 2016AY 2002-03

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

Section 143(3)

241 ITR 482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 852/KOL/2007[2003-04]Status: DisposedITAT Kolkata10 Jun 2016AY 2003-04

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

Section 143(3)

241 ITR 482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 1019/KOL/2007[2003-04]Status: DisposedITAT Kolkata10 Jun 2016AY 2003-04

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

Section 143(3)

241 ITR 482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work

ACIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 2613/KOL/2005[2002-03]Status: DisposedITAT Kolkata10 Jun 2016AY 2002-03

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

Section 143(3)

241 ITR 482 / 110 taxman 511 that retrospective withdrawal and / or cancellation of certificate will have no effect upon the assessee which has acted upon it when it was valid and operative. In the instant case, on the basis of valid certificate issued by the appropriate authority the ICI R & T Centre, Thane has continued the research work

DEPUTY COMMISSOENR OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

ITA 1728/KOL/2024[2015-16]Status: DisposedITAT Kolkata11 Feb 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri A.K. Tulsyan, ARFor Respondent: Shri Abhijit Kundu, DR
Section 14ASection 68Section 69C

241 of 2010, the Hon’ble Calcutta High Court had followed the decision of the Hon’ble Supreme Court in the case of Lovely Export (2008) 216 CTR 195 that if the share subscription was received from alleged bogus shareholders, the Revenue can reopen their individual assessment and addition cannot be made in the hands of the recipient company

DEPUTY COMMISSIONER OF INCOME TAX, KOLKATA vs. DOLLAR HOLDING PVT. LTD., KOLKATA

In the result, both the appeals of the Revenue are dismissed

ITA 1729/KOL/2024[2017-18]Status: DisposedITAT Kolkata11 Feb 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri A.K. Tulsyan, ARFor Respondent: Shri Abhijit Kundu, DR
Section 14ASection 68Section 69C

241 of 2010, the Hon’ble Calcutta High Court had followed the decision of the Hon’ble Supreme Court in the case of Lovely Export (2008) 216 CTR 195 that if the share subscription was received from alleged bogus shareholders, the Revenue can reopen their individual assessment and addition cannot be made in the hands of the recipient company

M/S. BENGAL SHRISTI INFRASTRUCTURE DEVELOPMENT LTD.,DURGAPUR vs. A.C.I.T., CIRCLE - 2, DURGAPUR, DURGAPUR

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

ITA 534/KOL/2022[2013-2014]Status: DisposedITAT Kolkata07 Jul 2023AY 2013-2014

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar

Section 14ASection 250

TDS refund. Similarly it did not dispute about disallowance of P.F. & ESI payments because they were not paid within the due date provided under those Acts. 3 Assessment Year : 2013-2014 M/s. Bengal Shristi Infrstructure Development Limited This issue is otherwise also covered by the judgment of the Hon’ble Supreme Court in the case of Checkmate Services Pvt. Limited

SRI HARTAJ SEWA SINGH,KOLKATA vs. DCIT(IT), CIRCLE-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 1011/KOL/2017[2012-13]Status: DisposedITAT Kolkata27 Apr 2018AY 2012-13

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2012-13

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

section 263 of Income Tax Act, 1961 has been amended w.e.f. 1st June, 2015 and the word in the opinion of the Principal Commissioner or Commissioner has been inserted. Now an order passed by the Assessing Officer shall be deemed to be erroneous in so far as it is prejudicial to the interests of the revenue, if in the opinion