BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

136 results for “TDS”+ Section 43Bclear

Sorted by relevance

Mumbai368Delhi305Chennai211Bangalore139Kolkata136Hyderabad67Raipur41Ahmedabad35Visakhapatnam31Jaipur28Pune27Lucknow25Cuttack20Indore18Chandigarh13Cochin11Rajkot10Dehradun7Surat7Jabalpur6Karnataka6Nagpur4Allahabad4Rajasthan3Amritsar2Panaji2Guwahati2Agra1SC1Patna1Jodhpur1

Key Topics

Section 4074Section 43B72Disallowance72Section 143(3)70Addition to Income69Section 14A63Deduction50TDS49Section 36(1)(va)48Section 250

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

Section 43B or anything contained in that provision would not absolve the assessee from its liability to deposit the employee's contribution on or before the due date as a condition for deduction.This proposition laid down by the Hon’ble Supreme Court can be well applied in case of delayed deposit of TDS

DCIT,CIR -1(1), KOLKATA, KOLKATA vs. M/S. LEXICON AUTO LIMITED, KOLKATA

Showing 1–20 of 136 · Page 1 of 7

37
Section 139(1)31
Section 143(1)27

In the result, Grounds No

ITA 1354/KOL/2016[2008-09]Status: DisposedITAT Kolkata19 Feb 2018AY 2008-09

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2008-09

Section 143(3)

TDS on the gross amount of billing and the income in the accounts are reflected after considering various debit notes issued by the said company from time to time.” From the above, we note that no additional evidence as alleged by Revenue was admitted by Ld. CIT(A). Thus, we do not find any infirmity in the order

M/S CAPITAL TOURS(INDIA) PVT. LTD ,KOLKATA vs. ITO, WARD-12(1), KOLKATA

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

ITA 507/KOL/2020[2015-16]Status: DisposedITAT Kolkata16 Mar 2023AY 2015-16

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.507/Kol/2020 Assessment Year: 2015-16 M/S Capital Tours (India) Pvt. Ltd..............................………...…..…Appellant 1, J Embassy Building, 4, Shakepeare Sarani, Kolkata- 700 071. [Pan: Aabcc2821K] Vs. Ito, Ward-12(1), Kolkata......................................................…..…..Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. Shri P. P Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 17, 2023 Date Of Pronouncing The Order : March 16, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.06.2019 Of The Commissioner Of Income Tax (Appeals)-17, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Order Passed By The Ld. Cit (Appeals)-17, Kolkata U/S 250 Confirming The Additions & Disallowances Made By Learned Assessing Officer Is Wrong In The Law & Facts Of The Case. 2. That The Ld. Cit (Appeals) - 17, Kolkata Erred In Law As Well As On Facts Of The Case By Confirming The Disallowance Of Employee'S Contribution For

Section 14ASection 2(24)Section 250Section 3Section 36(1)Section 36(1)(va)Section 43B

TDS instead of 30% as specified in Sec 40(a)(ia) of the Income tax Act, 1961. 7. That the Ld. CIT (Appeals) 17, Kolkata erred in law as well as on facts of the case by confirming the disallowance on estimate basis being 50% of Misc. Expenses of Rs.3,77,039/- amounting to Rs. 1,88,520/- and addition

M/S. BINDHYA BASHINI TRADERS ,LILUAH, HOWRAH vs. D.C.I.T., CIRCLE - 32, KOLKATA, KOLKATA

The appeal of the assessee is hereby dismissed and the order of the Ld

ITA 1144/KOL/2024[2019-2020]Status: DisposedITAT Kolkata09 Sept 2024AY 2019-2020

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Year: 2018-19 & Assessment Year: 2019-20 M/S Bindhya Bashini Traders, Circle – 32, Kolkata, 268/10, Narayani Complex, Aayakar Bhawan, 110, Vs G.T. Road, Liluah - 711204 Middletown Row, (Pan: Aagfb2388A) Kolkata - 700071 (Appellant) (Respondent)

For Appellant: Miraj D. Shah, A.RFor Respondent: Amuldeep Kaur, JCIT
Section 139(1)Section 143(1)Section 154Section 250Section 36(1)(va)

TDS to the tune of Rs. 7,802/- was also not allowed even though the detail was available in the Form No. 26AS. The assessee contested the order before the Ld. CIT(A) but could partially succeed, hence the appeal before the Tribunal. 5. We have heard the rival contentions. The Ld. DR relied upon the order

M/S. BINDHYA BASHINI TRADERS,LIUAH, HOWRAH vs. DCIT, CIRCLE - 32, KOLKATA, KOLKATA

The appeal of the assessee is hereby dismissed and the order of the Ld

ITA 1143/KOL/2024[2018-2019]Status: DisposedITAT Kolkata09 Sept 2024AY 2018-2019

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Year: 2018-19 & Assessment Year: 2019-20 M/S Bindhya Bashini Traders, Circle – 32, Kolkata, 268/10, Narayani Complex, Aayakar Bhawan, 110, Vs G.T. Road, Liluah - 711204 Middletown Row, (Pan: Aagfb2388A) Kolkata - 700071 (Appellant) (Respondent)

For Appellant: Miraj D. Shah, A.RFor Respondent: Amuldeep Kaur, JCIT
Section 139(1)Section 143(1)Section 154Section 250Section 36(1)(va)

TDS to the tune of Rs. 7,802/- was also not allowed even though the detail was available in the Form No. 26AS. The assessee contested the order before the Ld. CIT(A) but could partially succeed, hence the appeal before the Tribunal. 5. We have heard the rival contentions. The Ld. DR relied upon the order

M/S.G.S. ATWAL & CO.(ENGG) (P)LTD.,KOLKATA vs. DCIT, CIR-11(1), KOLKATA

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

ITA 1008/KOL/2023[2017-18]Status: DisposedITAT Kolkata29 Apr 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

For Appellant: Shri Soumitra Choudhury, Advocate & ShriFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 139(1)Section 143(1)Section 143(3)Section 201Section 36(1)(va)

section 43B or anything contained in that provision would not absolve the assessee from its liability to deposit the employee's contribution on or before the due date as a condition for deduction. This proposition laid down by the Hon'ble Supreme Court can be well applied in case of delayed deposit of TDS

M/S.G.S. ATWAL & CO.(ENGG)(P)LTD,KOLKATA vs. DCIT, CIR-11(1), KOLKATA

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

ITA 1009/KOL/2023[2018-19]Status: DisposedITAT Kolkata29 Apr 2024AY 2018-19

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

For Appellant: Shri Soumitra Choudhury, Advocate & ShriFor Respondent: Shri B. K. Singh, JCIT, Sr. DR
Section 139(1)Section 143(1)Section 143(3)Section 201Section 36(1)(va)

section 43B or anything contained in that provision would not absolve the assessee from its liability to deposit the employee's contribution on or before the due date as a condition for deduction. This proposition laid down by the Hon'ble Supreme Court can be well applied in case of delayed deposit of TDS

DCIT, CIRCLE - 11(1), KOLKATA, KOLKATA vs. M/S. EPCOS FERRITES LTD., (SINCE MERGED WITH M/S. EPCOS INDIA P. LTD.,), NADIA

In the result, the both appeals filed by the revenue are dismissed, except other ground no

ITA 1597/KOL/2017[2002-03]Status: DisposedITAT Kolkata30 Jan 2019AY 2002-03

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

For Appellant: Smt. Rituparna SinhaFor Respondent: Dr. P.K. Srihari, CIT, ld.DR
Section 143(3)Section 40Section 40ASection 40A(7)Section 40A(9)Section 43BSection 80H

43B of the Act in his tax audit report that approval of the Commissioner of Income Tax is awaited for both the funds. We note that the assesssee has claimed the deduction for the contribution made to Gratuity fund and Superannuation fund during the previous year relevant to the assessment year under consideration. The assesssee was maintaining the said fund

MACNEILL ENGINEERING LTD,DCIT, CIR. 1(1) vs. DCIT, CIR. 1(1), KOLKATA

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

ITA 97/KOL/2022[2013-14]Status: DisposedITAT Kolkata13 May 2022AY 2013-14

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 139(1)Section 36(1)(va)Section 43B

43B of the Act is prospective in nature and would apply from AY 2021-22 onwards.Consequently ground no. 2 to 4 are allowed. 6. The issue raised in ground no. 5 is against the order of Ld. CIT(A) setting aside the issue of Rs. 89,269/- to the file of AO for verification

DCIT, CIRCLE-1, KOLKATA, KOLKATA vs. M/S MCNALLY BHARATI ENGINEERING CO.LTD., KOLKATA

In the result the appeal by the assessee is partly allowed

ITA 532/KOL/2012[2007-2008]Status: DisposedITAT Kolkata01 Mar 2017AY 2007-2008

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No.100/Kol/2011 Assessment Year : 2006-07

For Appellant: Shri Soumen Adak, FCAFor Respondent: Shri Vijayendra Kumar, JCIT
Section 115JSection 43B

section 10 (other than the provisions contained in clause (38) thereof) is to be reduced from the Net profit, if they are credited to the Profit and Loss account. The logic of these provisions, in our view, is that an item of receipt which falls under the definition of "income", are excluded for the purpose of computing "Book Profit", since

DCIT, CIRCLE - 1, KOLKATA, KOLKATA vs. M/S. MCNALLY SAYAJI ENGINEERING LIMITED, KOLKATA

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

ITA 1575/KOL/2011[2008-09]Status: DisposedITAT Kolkata10 Mar 2017AY 2008-09

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Smt. Shreya Loyalka, CAFor Respondent: Md. Ghayas Uddin, JCIT, Sr. DR
Section 143(3)Section 14A

43B(f) is on the statute book but at the same time it would be entitled to make a claim in its returns.” Hence, from the aforesaid Supreme Court judgement, it could be inferred that the Hon’ble Supreme Court had not stayed the judgement of the Calcutta High Court during Leave proceedings. But the Hon’ble Supreme Court

MC NALLY SAYAJI ENGINEERING LIMITED,NORTH 24 PARGANAS vs. D.C.I.T CIR - 1,KOLKATA, KOLKATA

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

ITA 927/KOL/2013[2009-10]Status: DisposedITAT Kolkata10 Mar 2017AY 2009-10

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Smt. Shreya Loyalka, CAFor Respondent: Md. Ghayas Uddin, JCIT, Sr. DR
Section 143(3)Section 14A

43B(f) is on the statute book but at the same time it would be entitled to make a claim in its returns.” Hence, from the aforesaid Supreme Court judgement, it could be inferred that the Hon’ble Supreme Court had not stayed the judgement of the Calcutta High Court during Leave proceedings. But the Hon’ble Supreme Court

ACIT, CC-3(2), KOLKATA , KOLKATA vs. M/S. SNOWTEX INVESTMENT LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 1799/KOL/2017[2012-13]Status: DisposedITAT Kolkata27 Feb 2019AY 2012-13

Bench: Shri A. T. Varkey, J.M. & Dr.A.L.Saini, A.M.) Asstt. Year : 2012-13 A.C.I.T, Cc-3(2), Kolkata Vs M/S. Snowtex Investment Ltd. Pan: Aaecs 0334C (Assessee/Department) (Respondent/Assessee)

For Appellant: Shri S.K. Tulsiyan, Sr. Advocate, ld.ARFor Respondent: Shri Radhey Shyam, CIT, ld.DR
Section 143(3)Section 14ASection 2(24)(x)Section 36Section 36(1)(va)Section 43B

43B applied also to employees’ contribution to ESI and PF and that if a payment was made within the due date u/s. 139(1) of filing the ROI, the disallowance cannot be made. On appeal by the department to the High Court, HELD dismissing the appeal: "The only issue involved in this appeal is as to whether the deletion

SHALIMAR FABRICATORS PVT LTD,KOLKATA vs. ITO, WARD 6(1), KOLKATA

In the result, assessee’s appeal for AY 2017-18 is allowed and the appeal for AY 2018-19 is partly allowed

ITA 428/KOL/2021[2018-19]Status: DisposedITAT Kolkata03 Mar 2022AY 2018-19

Bench: Sri Aby T. Varkey & Sri Manish Borad)

Section 139(1)Section 143(1)Section 234BSection 234CSection 23ASection 36(1)(va)Section 37Section 43BSection 44A

TDS late payment interest under section 37. 2. For that the erred in law and on facts in not giving specific directions to allow claim under section 43B

SHALIMAR FABRICATORS PVT LTD,KOLKATA vs. ITO, WARD 6(1), KOLKATA

In the result, assessee’s appeal for AY 2017-18 is allowed and the appeal for AY 2018-19 is partly allowed

ITA 386/KOL/2021[2017-18]Status: DisposedITAT Kolkata03 Mar 2022AY 2017-18

Bench: Sri Aby T. Varkey & Sri Manish Borad)

Section 139(1)Section 143(1)Section 234BSection 234CSection 23ASection 36(1)(va)Section 37Section 43BSection 44A

TDS late payment interest under section 37. 2. For that the erred in law and on facts in not giving specific directions to allow claim under section 43B

ITO, WARD-45(2), KOLKATA, KOLKATA vs. M/S ASHOK TRADING COMPANY, KOLKATA

In the result, Revenue’s appeal is partly allowed for statistical purpose

ITA 650/KOL/2012[2006-07]Status: DisposedITAT Kolkata07 Oct 2015AY 2006-07

Bench: Shrin.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07

Section 143(3)(II)Section 194CSection 40Section 68

TDS provisions. The same fact has also been decided by the Hon’ble jurisdictional High court in the case of Crescent Exports vs CIT (2013) 33 taxmann.com 250 (Cal) wherein even the oral or unwritten contracts were held valid and within the purview of sections 194C read with section 40(a)(ia). So the contention of the assessee herein

ACIT, CIR-1(2), KOLKATA, KOLKATA vs. THE JUTE CORPORATION OF INDIA LTD.,, KOLKATA

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 2305/KOL/2017[2011-12]Status: DisposedITAT Kolkata30 Nov 2018AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Acit, Circle 1(2), Kolkata Vs. The Jute Corporation Of India Ltd. Ayakar Bhawan, P-7, Chowringhee Hudco Building, 15N, Nellie Square, R.No.14, 7Th Floor, Kolkata – Sengupta Sarani, Kolkata-700 700 069. 087. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabct 8820 B (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

For Appellant: Shri B. Syam, FCAFor Respondent: Shri C. J. Singh, Sr. DR

section 43B(f) of the Act. Therefore, the stay of Hon'ble High Court order has wider ramification and its scope is not limited only to the parties to the suit. Therefore, the order of High Court in the case of Exide Industries Ltd. (supra) is at present not operational. Therefore, in the light of the above situation, we direct

THE JUTE CORPORATION OF INDIA LTD.,KOLKATA vs. DCIT CIR.-1, KOLKATA, KOLKATA

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 2318/KOL/2016[2008-09]Status: DisposedITAT Kolkata30 Nov 2018AY 2008-09

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Acit, Circle 1(2), Kolkata Vs. The Jute Corporation Of India Ltd. Ayakar Bhawan, P-7, Chowringhee Hudco Building, 15N, Nellie Square, R.No.14, 7Th Floor, Kolkata – Sengupta Sarani, Kolkata-700 700 069. 087. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabct 8820 B (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

For Appellant: Shri B. Syam, FCAFor Respondent: Shri C. J. Singh, Sr. DR

section 43B(f) of the Act. Therefore, the stay of Hon'ble High Court order has wider ramification and its scope is not limited only to the parties to the suit. Therefore, the order of High Court in the case of Exide Industries Ltd. (supra) is at present not operational. Therefore, in the light of the above situation, we direct

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. SEVEN HILLS PROJECT PRIVATE LIMITED, KOLKATA

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

ITA 1454/KOL/2023[2015-16]Status: DisposedITAT Kolkata02 Sept 2025AY 2015-16

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 139(1)Section 143(3)Section 154Section 246ASection 250Section 43B

43B without ascertaining whether the assessee actually received the payment on which service tax applicable? I.T.A. No.: 1454/KOL/2023 Assessment Year: 2015-16 Seven Hills Project Private Limited. 2. That the appellant craves leave to add any new ground or alter or amend any of the grounds and put up necessary arguments to substantiate the above noted grounds.” 3. Brief facts

RIPLEY AND COMPANY STEVEDORING & HANDLING (P) LTD.,KOLKATA vs. DCIT, CIRCLE-7(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed as indicated above

ITA 356/KOL/2022[2019-2020]Status: DisposedITAT Kolkata29 Sept 2022AY 2019-2020

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 250Section 36(1)Section 36(1)(va)

43B in respect of belated payment of employees’ contribution. In order to test whether the amendment brought in later is retrospective or not one has to apply the test as laid by the Hon’ble Supreme Court in the case of M/s Snowtex Investment Ltd. (supra) wherein the Hon’ble Supreme court took note of the law laid down