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75 results for “TDS”+ Section 36(1)(viii)clear

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Key Topics

Section 143(3)67Section 4048Deduction45Addition to Income37Disallowance37Section 14A29Section 115J29Section 80I28TDS24Section 263

UNITED BANK OF INDIA,KOLKATA vs. ACIT, LTU - 1, KOLKATA, KOLKATA

Appeal is partly allowed in above terms

ITA 75/KOL/2018[2012-13]Status: DisposedITAT Kolkata28 Feb 2020AY 2012-13

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं/I.T.A No.75/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) United Bank Of India Vs. Acit, Ltu-1, Kolkata. 16, Old Court House Street, Kol-1. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacu5624P (Appellant) .. (Respondent) Appellant By : Shri Soumitra Choudhury, Advocate Respondent By : Shri Vijay Shankar, Cit सुनवाई क" तार"ख/ Date Of Hearing : 24/02/2020 घोषणा क" तार"ख/Date Of Pronouncement : 28/02/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax - 23, Kolkata’S Order Dated 08.06.2017 Passed In Case No.06/Cit(A)-23/L.T.U-1/16-17 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Shri Soumitra Choudhury, Learned Authorized Representative For Assessee & Shri Vijay Shankar, Cit-Dr Appearing At The Revenue’S Behest. 2. The Assessee’S First Substantive Grievance Challenges Correctness Of Both The Lower Authorities’ Action Disallowing Club Entrance Fees Of Rs.97,794/- In The Course Of Assessment Affirmed In The Lower In The Lower Appellate Proceedings. The Assessee Herein Is Admittedly A Bank Which Claimed The Impugned Expenditure As An Allowable Deduction Under Revenue Head. The Assessing Officer’S Assessment Order Dated 25.02.2015 Held The Same To Be Capital Expenditure Than Revenue In Nature. The Cit(A) Has Confirmed The Impugned Disallowance.

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Vijay Shankar, CIT
Section 143(3)Section 35D

Showing 1–20 of 75 · Page 1 of 4

21
Section 194C18
Section 194J12
Section 35D(1)(ii)
Section 35D(2)(c)

TDS thereof. Its I.T.A No.75/Kol/2018 United Bank of India only case before us is that section 40(a)(ia) 2nd proviso inserted in the Act vide Finance Act 2012 w.e.f. 01.04.2013 makes it clear that the impugned disallowance does not apply in case an assessee is not in default u/s 201(1) first proviso of the Act if the payees

M/S PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part

ITA 2298/KOL/2016[2011-2012]Status: DisposedITAT Kolkata29 May 2020AY 2011-2012

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 M/S. Pricewaterhouse Coopers Private Limited……...............................……………………......Appellant Block-Ep, Plot –Y14 Salt Lake City Sector-V Kolkata – 700 091 [Pan : Aabcp 9181 H] Vs. Deputy Commissioner Of Income Tax (It), Circle-2(1), Kolkata……..........................…....Appellant Appearances By: Shri Kanchun Kaushal, A/R & Shri Bikash Kr. Jain, Ca, Appeared On Behalf Of The Assessee. Shri Vijay Shankar, Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

Section 144C(13)

36,930/-. Before the DRP, the assessee . Before the DRP, the assessee contended that the order is barred contended that the order is barred by limitation. Objections were raised on the proposed additions made in draft n. Objections were raised on the proposed additions made in draft n. Objections were raised on the proposed additions made in draft assessment order

M/S BALMER LAWRIES & CO. LTD.,KOLKATA vs. INCOME TAX OFFICER(IT) WD-1(1), KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2079/KOL/2014[2012-2013]Status: DisposedITAT Kolkata27 Apr 2016AY 2012-2013

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2012-13 M/S Balmer Lawrie & Co. V/S. Income Tax Officer Ltd., 21, N.S.Road, (International Taxation), Kolkata-700 001 Ward-1(1), Aayakar [Pan No. Aabcb 0984 E] Bhawan (Poorva), 2Nd Floor, R. No.215, 110, Shanti Pally, Kolkata- 700 107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri M.K.Poddar, Sr-Advocate अपीलाथ" क" ओर से/By Appellant Shri C.P.Bhatia, Jcit-Dr ""यथ" क" ओर से/By Respondent 18-02-2016 सुनवाई क" तार"ख/Date Of Hearing 27-04-2016 घोषणा क" तार"ख/Date Of Pronouncement

Section 195Section 201(1)Section 5(2)(b)

TDS applies only to those sums which are chargeable to tax under the Income-tax Act. If the contention of the Department that any person making payment to a non-resident is necessarily required to deduct TAS then the consequence would be that the Department would be entitled to appropriate the moneys deposited by the payer even

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 482/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 357/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 431/KOL/2012[2008-2009]Status: DisposedITAT Kolkata15 Dec 2017AY 2008-2009

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 377/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 485/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 673/KOL/2011[2007-08]Status: DisposedITAT Kolkata15 Dec 2017AY 2007-08

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 356/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 343/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

36 37.1 The AO also observed that the assessee has claimed deduction u/s 80IA on interest receipt in the year under consideration whereas in the immediately preceding assessment year i.e. AY 2004-05, the assessee had considered that interest income as income from other sources and had not claimed deduction u/s. 80IA. The assessee itself has stated that this interest

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

36. It was submitted that in the case of the Assessee, GRSE has not gained any technical knowledge, skill, etc. as a result of service provided to it, which can be subsequently utilized by it. Thus, payments made by it, for services provided do not fall within the scope of FTS, as laid out in Article

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

36. It was submitted that in the case of the Assessee, GRSE has not gained any technical knowledge, skill, etc. as a result of service provided to it, which can be subsequently utilized by it. Thus, payments made by it, for services provided do not fall within the scope of FTS, as laid out in Article

DCIT/ACIT, LTU-1, KOLKATA, KOLKATA vs. M/S. UNITED BANK OF INDIA, KOLKATA

In the result, the appeal of the revenue is dismissed whereas the cross-objection of the assessee is partly allowed

ITA 806/KOL/2017[2011-12]Status: DisposedITAT Kolkata29 May 2020AY 2011-12

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri A.T. Varkey, Jm] Assessment Year: 2011-12 D.C.I.T./A.C.I.T, Ltu-1, Kolkata........................................................................................Appellant 6Th Floor, Kendriya Utpad Shulk Bhawan, 180, Shantipally, Rajdanga Main Road, Kolkata – 700 107. M/S. United Bank Of India……………………………………………………............................Respondent 16, Old Court House Street, Dalhousie, Kolkata – 700 107 [Pan : Aaacu 5624 P] C.O. No. 47/Kol/2017 (Arising Out Of Ita No. 806/Kol/2017) Assessment Year: 2011-12 M/S. United Bank Of India…………………………………………………….......................Cross-Objector 16, Old Court House Street, Dalhousie, Kolkata – 700 107 [Pan : Aaacu 5624 P] D.C.I.T./A.C.I.T, Ltu-1, Kolkata....................................................................................Respondent 6Th Floor, Kendriya Utpad Shulk Bhawan, 180, Shantipally, Rajdanga Main Road, Kolkata – 700 107. Appearances By: Shri I. Jamir, Cit, Dr Appearing On Behalf Of The Revenue Shri Soumitra Choudhury, Advocate Appearing On Behalf Of The Assessee Date Of Concluding The Hearing : February 27, 2020 Date Of Pronouncing The Order : May 29, 2020 Order Per P.M. Jagtap, Vice-(Kz) This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit (A) – 17, Kolkata Dated 22.12.2016 & The Same Is Being Disposed Of Along With The Cross-Objection Filed By The Assessee Being C.O. No. 47/Kol/2017. 2. The Grounds Raised By The Revenue In Its Appeal Read As Under:

Section 115JSection 1ISection 2(5)Section 211

36(1)(viii) by Rs.31,47,73,346/- which is confirmed by the Ld. CIT(A), as such his finding is completely arbitrary, unjustified and illegal. 9 ITA No. 806/Kol/2017 & C.O. No. 47/Kol/2017 Assessment Year 2011-12 M/s. United Bank of India 4. For that on the facts of the case, the Ld. CIT(A) was wrong in sustaining

M/S VODAFONE EAST LTD.(FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. A.D.I.T RANGE - 7,KOL., KOLKATA

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

ITA 1864/KOL/2012[2009-10]Status: DisposedITAT Kolkata15 Sept 2015AY 2009-10

Bench: Shri Mahavir Singh & Shri M. Balaganesh

Section 143(3)Section 194ISection 40

36 of 56 In the result, the appeal of the assessee in ITA No. 1864/Kol/2012 for the Asst Year 2009-10 is partly allowed. ITA No. 243 / Kol / 2014 – Asst Year 2010-11 – Assessee’s Appeal 7. This appeal arises out of the order of the Learned CIT(Appeals) in Appeal No.118/CIT(A)-VIII/Kol/13-14 dated 31.12.2013 for the Asst Year

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)

VIII, Kolkata in Appeal No. 180/CIT(A)-VIII/KOl/11-12 dated 17-10-2012 for the Asst Year 2009-10 against the order of assessment framed u/s 143(3) of the Income Tax Act 1961 (hereinafter referred to as the ‘Act’). 2. The first issue to be decided in this appeal is as to whether the disallowance of bad debts written

DCIT, CIRCLE-10(1), KOLKATA, KOLKATA vs. K.N.D. ENGINEERING TECHNOLOGIES PVT. LTD., KOLKATA

In the result the appeal by the revenue is dismissed

ITA 1979/KOL/2016[2013-14]Status: DisposedITAT Kolkata01 Mar 2018AY 2013-14

Bench: Hon'Ble Sri N.V.Vasudevan, Jm & Hon'Ble Sri Waseem Ahmed, Am] Assessment Year : 2013-14

For Appellant: Shri.A.K.Tiwari, CITFor Respondent: Shri A.Dudhwewala, FCA
Section 36(1)(vii)Section 36(2)Section 37Section 37(1)Section 40

TDS thereof. Therefore, in view of above, the expenditure claimed under the head 'business promotion' to the tune of Rs.20,48,066/- which were shown to be paid at various site expenses, during the period 01.04.2012 to 31.03.2013 is not al able expenditure u/s.37(1) of the LT. Act, 1961 and added back with the returned income.” 4. On appeal

M/S. BANDHAN BANK LTD. (ERSTWHILE GHOSH FINANCE LTD),KOLKATA vs. DCIT,CIR-5(1), KOL, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 465/KOL/2023[2016-17]Status: DisposedITAT Kolkata26 Aug 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2016-17

For Appellant: Shri Biswanath Paul, FCAFor Respondent: Shri Subhro Das, Addl. CIT, Sr. DR
Section 143(3)Section 17(2)(vi)Section 192Section 250Section 37

36,72,140/- after making certain disallowance and claim of deduction under various sections of the Income Tax Act, 1961. Along with the Tax Audit Report, GRUH had submitted audited accounts. In notes on account attached to the Balance Sheet, it has been stated that GRUH has issued / allotted equity shares to its employees and 4 M/s Bandhan Bank Limited

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

TDS and AO has failed to bring any cogent evidence on record to demonstrate that these documents/evidences are false. Therefore, addition made by the assessing officer needs to be deleted and accordingly we delete the addition of Rs. 5.42 Crores. For the sake of academic discussion, we also note that aforesaid two projects are infrastructure projects specified u/s 80IA

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

TDS and AO has failed to bring any cogent evidence on record to demonstrate that these documents/evidences are false. Therefore, addition made by the assessing officer needs to be deleted and accordingly we delete the addition of Rs. 5.42 Crores. For the sake of academic discussion, we also note that aforesaid two projects are infrastructure projects specified u/s 80IA