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8 results for “disallowance”+ Section 197A(2)clear

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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

197A of the Income-tax Act, 1961 – Business disallowance – Interest, commission etc, paid to resident from which no tax was deducted at source – rent – Assessment year 2008-09 – Assessee paid rent to land lady, which was below taxable limit, without deduction of tax at source under section 194-I – It filed form No. 15G being given by land lady – Assessing

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

2)/142(1) of the Act was issued for conducting the scrutiny assessment upon assessee. 3.1 During the year, assessee has made payments for an amount of Rs. 1,93,07,205.00 to Indian Shipping agent of non-resident shipping companies for transportation of goods to the outward country. The said Shipping Companies were non-resident and therefore payment

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

2 Biswanath Agarwala, AY 2013-14 884 (Cal) wherein the Hon’ble High Court has taken note that this subscription and donation in the nature of ‘Chanda’ is required for peaceful and smooth functioning of the business and, therefore, is an allowable expenditure, therefore, respectfully following the same ratio, we allow the claim of the assessee. This ground of appeal

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

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)

section 194C of the Act including the judgment of Hon’ble Supreme Court in the case of Associated Cement Company Ltd. vs. CIT (1993) 61 CCH 0273 ISCC (1993) 111 CTR 0165 : (1993) 201 ITR 0435 : (1993) 67 TAXMAN 0346, the facts of the case are as under : “2. The facts which have led to the need for our decision

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)

197A, the appellant was not liable to deduct tax u/s. 194A; and consequently, the 7 ITA No.1549/Kol/2011 & CO No.68/K/2011 Binay Poddar AY 2008-09 provisions of section 40(a)(ia) have no application. The addition of Rs.1,62,612/- is deleted. Ground no. 7 is allowed.” 10. We find that the assessee has received declaration in form No. 15G from

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