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8 results for “disallowance”+ Section 197Aclear

Sorted by relevance

Delhi39Bangalore15Mumbai10Kolkata8Chennai6Cochin4Hyderabad4Jaipur3Nagpur3Pune2Chandigarh1Lucknow1

Key Topics

Section 2639Section 143(3)8TDS6Addition to Income6Section 194C5Section 272A(2)(f)5Deduction5Section 194H4Disallowance4Section 40

ACIT, CIRCLE - 3, ASANSOL, ASANSOL vs. M/S. SANJAY TRANSPORT AGENCY, BURDWAN

In the result, the appeal of revenue is partly allowed

ITA 1627/KOL/2011[2008-09]Status: DisposedITAT Kolkata20 Nov 2015AY 2008-09

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

For Appellant: Shri Debasish Roy, JCITFor Respondent: Shri Sunil Kumar Sarana, FCA
Section 133(6)Section 143(3)Section 68

disallowance of the interest by invoking the section 40(a)(ia) in the course of the assessment proceedings that the assessee filed the declarations claimed to have been submitted to him by the payees of the interest, in the office of the CIT(TDS) as required by sub-section 2 of section 197A

M/S RAIGANJ COMMUNICATION,UTTAR DINAJPUR vs. ITO,WARD-1, RAIGANJ, UTTAR DINAJPUR

3
Section 683
Section 143(2)2

In the result, assessee’s appeal stands partly allowed

ITA 847/KOL/2012[2008-2009]Status: DisposedITAT Kolkata15 Jun 2016AY 2008-2009

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

Section 143(3)Section 194H

disallowance under section 40(a)(ia) was unjustified – Held, yes [para 4] Section 40(a)(ia), read with sections 194-I and 197A

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

In the result, the appeal of the assessee is allowed

ITA 1843/KOL/2018[2013-14]Status: DisposedITAT Kolkata19 Dec 2018AY 2013-14

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

Section 37Section 40

disallowance was ordered for non-deduction of TDS. We note that a similar issue was considered by the Coordinate Bench of this tribunal Bombay Bench in the case of Karwat Steel Traders Vs. ITO, ITA No. 6822/Mum/2011 for AY 2008- 09 dated 10.07.2013 wherein a similar issue arose and the Tribunal held as under: “4. We have considered the issue

DCIT, CIRCLE - 33, KOLKATA, KOLKATA vs. SHRI BINOY PODDAR, KOLKATA

In the result, both the appeal of revenue as well as cross objection of assessee are dismissed

ITA 1549/KOL/2011[2008-09]Status: DisposedITAT Kolkata15 Oct 2015AY 2008-09

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

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Sanjay Mukherjee, JCIT
Section 133ASection 143(3)

disallowance only on the premise and the relevant finding of CIT(A) has given in para 14, which reads as under: “….. I find merit in the submissions. As the person to whom interest was paid had submitted a declaration in Form No. 15G in accordance with the provisions of section 197A

D.C.I.T CIR - 4,KOLKATA, KOLKATA vs. M/S MADHU JAYANTI INTERNATIONAL, KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 1011/KOL/2013[2008-09]Status: DisposedITAT Kolkata20 Jul 2016AY 2008-09

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

Section 143(2)Section 143(3)Section 172Section 197Section 197ASection 40

197A of the Act was furnished. On query by AO, assessee submitted that the payment to non-resident Shipping Companies are governed under provision of Sec. 172 of the Act which provides non obstante clause which has an overriding effect over the other provision of the Act. Therefore, the TDS was not deducted. However, the AO perused one TDS certificate

INDIAN OIL CORPORATION LTD. MARKETING DIVISION (EASTERN REGION),KOLKATA vs. DCIT, CIRCLE - 58 (TDS)/KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

ITA 1517/KOL/2009[2002-03]Status: DisposedITAT Kolkata20 Jul 2016AY 2002-03

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 133ASection 194CSection 201Section 201(1)

197A of the Act cannot change the character of the transactions. The ld. AR also submitted that in the earlier years the identical payments were made for the availing of infrastructure facilities but no disallowance was warranted. The ld. DR failed to bring anything on record contrary to the arguments advanced by the ld. AR. 6.2 Therefore, in our considered

HARIKISHAN DASS RAMKISHAN,KOLKATA vs. I.T.O WD - 45(4),KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed as stated above

ITA 1887/KOL/2013[2007-08]Status: DisposedITAT Kolkata05 Aug 2016AY 2007-08

Bench: : Shri P.M.Jagtap & Shri S.S. Viswanethra Ravi

For Appellant: Shri B.C. Jain, FCA, ld.ARFor Respondent: Shri Snehtpal Datta, JCIT, Sr.DR
Section 143(3)Section 197A(2)Section 263Section 272A(2)(f)Section 40

disallowance of interest expenditure u/s. 40(a)(ia) r.w.s 194A of the Act and notice was issued to the assessee. In response to such notice the assessee submitted that the loan creditors has deposited their Form No.15G/15H requesting the assessee not to deduct TDS at source on such amount. Besides, the assessee also submitted that it is not conversant with

ARABINDA ROY,HOOGHLY vs. C.I.T KOLKATA - XX, HOOGHLY

In the result, assessee’s appeal stands allowed

ITA 1367/KOL/2013[2008-09]Status: DisposedITAT Kolkata24 Aug 2016AY 2008-09

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

Section 143(2)Section 143(3)Section 263Section 263(1)

disallowed. Ld. CIT further observed that even it is presumed that the loan creditors are genuine then also the interest expense is not allowed for deduction by virtue of the provision of Sec. 40(a)(ia) of the Act. (b) There were three credit entries reflecting in the bank statement of assessee for total amount of ₹ 3.5 lakh received from