DARJEELING DISTRICT CENTRAL CO-OPERATIVE BANK LTD. ,DARJEELING vs. ACIT(OSD)(TDS),WD-5(3),DARJEELING, DARJEELING.

In the result, all the appeals of the assessee are allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

disallowed u/s. 40(a)(ia) of the Act for non-deduction of TDS u/s. 194A of the Act. In response to show cause notice, the appellant again reiterated that interest paid by a co- operative society to another co-operative society is exempt from TDS u/s. 194A of the Act and objected the proposed addition. But again submission

DARJEELING DISTRICT CENTRAL CO-OP. BANK LTD. ,DARJEELING vs. ACIT, CIR-3(1),SILIGURI. , SILIGURI

In the result, all the appeals of the assessee are allowed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

disallowed u/s. 40(a)(ia) of the Act for non-deduction of TDS u/s. 194A of the Act. In response to show cause notice, the appellant again reiterated that interest paid by a co- operative society to another co-operative society is exempt from TDS u/s. 194A of the Act and objected the proposed addition. But again submission

UNITED BANK OF INDIA,KOLKATA vs. D.C.I.T CIR- 6,KOLKATA, KOLKATA

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

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

disallowance u/s 40(a)(ia) of the Act could be made for violation of provisions of section 194A of the Act in respect

ACIT, CIRCLE-41, NADIA, NADIA vs. M/S SAKTINAGAR SAMABAY KRISHI UNNYAN SAMITY LTD., NADIA

In the result, the appeal of the revenue is dismissed

section 194A. I find merit in this contention of the learned counsel for the assessee and uphold the impugned order of the Ld. CIT (A) deleting the disallowance

SUBIR ENGINEERING WORKS PVT. LTD.,KOLKATA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of assessee is partly allowed

Bench: The Ao That Post Dated Cheques For Short As Pdcs Were Issued Against Such Loan To The Said Finance Company & Therefore, The Assessee Was Not In A Position To Deduct Tax At Source On Interest Payments. This Explanation Of The Assessee Was Not Acceptable To Ao & As Such Added Said Amount 1 Of Rs.6,74,976/- To The Total Income Of Assessee For Violation Of Section 194A Of The Act By Invoking The Provisions U/Sec 40(A)(Ia) Of The Act.

disallowed for violation of section 194A of he Act. The ld.AR of the assessee submitted before the AO that post

M/S KHALSA BROTHERS,DURGAPUR vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal filed by the assessee (in Ground No

section 194A of the Act, therefore, the entire amount should be disallowed u/s 40(a)(ia) of the Act. However

M/S M. K. GUPTA & CO.,SILIGURI vs. DCIT, CIR-2, SILIGURI, SILIGURI

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

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 1316/Kol/2015 Assessment Year: 2012-13 M/S. M.K. Gupta & Co..............................………………………………………………….Appellant Metro Heights, 2Nd Floor, Behind Nissan Showroom 2.5 Mile, Sevoke Road, Siliguri, West Bengal – 734 001 [Pan : Aaefm5024A] D.C.I.T., Cir 2………………………………………………................................................Respondent Aayakar Bhawan, Parivahan Nagar, Matighara, Siliguri, Darjeeling - 734010 Appearances By: Shri Subash Agarwal, Advocate Appearing On Behalf Of The Assessee. Shri Soumyajit Dasgupta, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 06, 2017 Date Of Pronouncing The Order : November 08, 2017 Order Per P.M. Jagtap, Am This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) Siliguri Dated 22.09.2015 & The Grounds Raised By The Assessee Therein Read As Under: 1. For That On The Facts & In The Circumstances Of The Case, Ld. Cit (A) Was Not Justified In Confirming The Disallowance Of Rs. 6,27,881/- Made By The A.O. On Account Of Payment Made To M/S. Topline By Wrongly Invoking The Provisions Of Section 40(A)(Ia) R.W. Section 194A Of The Act. 2. For That On The Facts & In The Circumstances Of The Case, Ld. Cit (A) Erred In Confirming The Disallowance Of Rs. 45,886/- Made By The A.O. On Account Of Fees Paid For Acquiring Digital Certificate By Wrongly Invoking The Provisions Of Section 40(A)(Ia) R.W. Sec. 194J Of The Act.

disallowance of Rs. 6,27,881/- made by the A.O. on account of payment made to M/s. Topline by wrongly invoking the provisions of section 40(a)(ia) r.w. section 194A

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

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

disallowed the impugned provision on the ground that it is liable to be allowed in the year when it is actually incurred, and because assessee had shown the total income of Rs.41,92,05,032 from TNRDC for road construction on receipt basis. This aspect of the matter has been Challenged before the CIT(A), who held that

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

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

disallowed the impugned provision on the ground that it is liable to be allowed in the year when it is actually incurred, and because assessee had shown the total income of Rs.41,92,05,032 from TNRDC for road construction on receipt basis. This aspect of the matter has been Challenged before the CIT(A), who held that

DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA vs. M/S. PAHARPUR COOLING TOWERS LTD., , KOLKATA

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

disallowed the impugned provision on the ground that it is liable to be allowed in the year when it is actually incurred, and because assessee had shown the total income of Rs.41,92,05,032 from TNRDC for road construction on receipt basis. This aspect of the matter has been Challenged before the CIT(A), who held that

M/S. SHERA ELECTRIC CO., ,KOLKATA vs. ITO, WARD - 33(4), KOLKATA , KOLKATA

In the result, the appeal of the assessee is treated as allowed for statistical purpose

Bench: Shri P.M. Jagtap, Am] I.T.A. No. 186/Kol/2018 Assessment Year: 2014-15 M/S. Shera Electric Co. .................................……………………………………….................Appellant 47, Lenin Sarani, Kolkata – 700 013 [Pan: Aamfs 3071 R] Ito, Ward 33(4) Kolkata...................……………………………………………..................Respondent 10B, Middleton Row, 3Rd Floor, Kolkata – 700 071. Appearances By: Shri V.N. Purohit, Ar Appearing On Behalf Of The Assessee. Shri D.C. Mondal, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : May 29, 2018 Date Of Pronouncing The Order : June 20, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 9, Kolkata Dated 25.10.2017 & The Solitary Issue Involved Therein Relates To The Addition Of Rs. 10,34,160/- Made By The Ao & Confirmed By The Ld. Cit(A) On Account Of Disallowance Of Interest Under Section 40(A)(Ia) Of The Income Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 4 Days On The Part Of The Assessee In Filing This Appeal Before The Tribunal. In This Regard, The Assessee Has Filed An Application Seeking Condonation Of The Said Delay & Keeping In View The Reasons Given Therein, I Am Satisfied That There Is A Sufficient Cause For The Delay Of 4 Days On The Part Of The Assessee In Filing This Appeal Before The Tribunal. The Learned Dr Has Also Not Raised Any Objection In This Regard. The Said Delay Is Accordingly Condoned.

section 194A of the Act from the payment of interest of Rs. 10,34,160/- made to HDB Financial Services Ltd. and Cholamondalam Investment and Finance Co. Ltd. Since the assessee had failed to comply with the said requirement, the interest of Rs. 10,34,160/- was disallowed

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

194A of the Act. Finally, the AO disallowed 30% of the above interest payment being disallowance u/s 40a(ia) of the Act. In our opinion the provisions of Section

BISWANATH AGARWALA,KOLKATA vs. ACIT, CIRCLE - 43, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Bench: "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri A. T. Varkey, Jm] I.T.A. No. 1843/Kol/2018 Assessment Year: 2013-14

194A is further qualified by the provisions of section 197A(lA) wherein if a person furnishes a declaration in writing in prescribed Form and verified in the prescribed manner to the effect that tax on his estimated total income is to be included in computing his total income will be nil, there is no need to deduct tax The assessee

DHARAM CHAND CHAUDHRY,KOLKATA vs. DCIT, CIRCLE - 33, KOLKATA, KOLKATA

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

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

disallowance of freight and transport charges to the extent of Rs.3,28,197/- for non-deduction of TDS u/s. 194A of the Act by invoking the provisions of section

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. WEST BENGAL HOUSING INFRASTRUCTURE DEV. CORPN. LTD., KOLKATA

In the result ITA No.213/Kol/2012 of the revenue is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2005-06

194A of the Act. The AO was of the further view that since the assessee failed to deduct tax at source on the aforesaid sum the claim of the assessee for deduction of the aforesaid sum cannot be allowed in view of the provision of section 40(a)(ia) of the Act. The AO on the aforesaid reasoning disallowed

WEST BENGAL HOUSING INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.,KOLKATA vs. ITO, WARD - 11(1), KOLKATA, KOLKATA

In the result ITA No.213/Kol/2012 of the revenue is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2005-06

194A of the Act. The AO was of the further view that since the assessee failed to deduct tax at source on the aforesaid sum the claim of the assessee for deduction of the aforesaid sum cannot be allowed in view of the provision of section 40(a)(ia) of the Act. The AO on the aforesaid reasoning disallowed

WEST BENGAL HOUSING DEVELOPMENT CORPORATION LTD.,KOLKATA vs. THE I.T.O, WARD-11(1), KOLKATA, KOLKATA

In the result ITA No.213/Kol/2012 of the revenue is partly allowed

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2005-06

194A of the Act. The AO was of the further view that since the assessee failed to deduct tax at source on the aforesaid sum the claim of the assessee for deduction of the aforesaid sum cannot be allowed in view of the provision of section 40(a)(ia) of the Act. The AO on the aforesaid reasoning disallowed

ITO,WARD-1(1), KOLKATA, KOLKATA vs. M/S. SHAHI ROADWAYS(P)LTD, HOWRAH

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

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

194A read with section 40(a)(ia) of the Act are applicable and accordingly disallowed the said expenditure. On first

BIBHISANPUR SAMABAY KRISHI UNNAYAN SAMITY LTD.,KOLKATA vs. I.T.O., WARD - 27(4), HALDIA/ WBG-W-176(3), HALDIA

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

disallowance of the claim of deduction under section 80P is adjudicated in the succeeding paras. Page 2 of 30 I.T.A. No.: 1021/KOL/2024 Assessment Year: 2020-21 Bibhisanpur Samabay Krishi Unnayan Samity Ltd. 5. The Ld. AO considered the submission of the assessee and added the amount by holding as under: “4.1 During the course of assessment proceedings, it is noticed