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.

8 results for “house property”+ Section 194Iclear

Sorted by relevance

Mumbai63Delhi59Raipur17Kolkata8Bangalore5Hyderabad3Jaipur1Ahmedabad1

Key Topics

Section 194J15Section 14A7Section 194C6Section 201(1)6Section 143(3)6House Property5Deduction5TDS5Section 271C3Section 133A

ACIT, CIRCLE-15(1), KOLKATA, KOLKATA vs. M/S. DEVA LEASE AND FINANCE PVT. LTD., KOLKATA

ITA 961/KOL/2017[2012-13]Status: DisposedITAT Kolkata31 May 2018AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Acit Circle-15(1), V/S. M/S Deva Lease & Aayaka Bhawan,Poorva Finance Pvt. Ltd., 1A, 110, Shantipally, Kolkta- K.B.R. Complex, 4, Ho- 107 Chi-Min Sarani, Kolkata-71 [Pan No.Aabcd 7839 E] .. अपीलाथ" /Appellant ""यथ"/Respondent C.O. No.54/Kol/2017 (A/O Ita No.961/Kol/2017) Assessment Year :2012-13 M/S Deva Lease & V/S. Acit, Circle-15(1), Finance Pvt. Ltd., 1A, Aaykar Bhavan, Poorva, K.B.R. Complex, 4, Ho- 110, Shantipally, Chi-Min Sarani, Kolkata- Kolakta-107 71 [Pan No.Aabcd 7839 E] .. "तया"ेपक/Co-Objector ""यथ"/Respondent

Section 115Section 143(3)Section 14A

Section 14A r.w. 8D of the Income Tax Rule, 1962 by holding that the same is not attracted in case the assessee’s corresponding dividend income is subjected to Dividend Distribution Tax. The assessee on the other hand strongly supports the CIT(A)’s findings under challenge. It seeks to repeat the fact that the impugned dividend income had been

DCIT, CIR-26, KOLKATA, KOLKATA vs. M/S TEWARI WAREHOUSING COMPANY, KOLKATA

3
Section 9(1)(vi)3
Penalty3

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

ITA 1316/KOL/2016[2010-2011]Status: DisposedITAT Kolkata16 Mar 2018AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Dcit, Circle-26 M/S Tewari Warehousing Co. बनाम / Aayakar Bhawan Hide Shed Dump, Old V/S. Dakshin, 2, Gariahat Goragacha Road, Kolkata-88 Road, (South), [Pan No.Aacft 5579 K] Kolkata-68 .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Arindam Bhattacherjee, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Vikash Surana, Advocate ""यथ" क" ओर से/By Respondent 31-01-2018 सुनवाई क" तार"ख/Date Of Hearing 16-03-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Against The Order Of Commissioner Of Income Tax (Appeals)-7, Kolkata Dated 14.03.2016. Assessment Was Framed By Jcit, Range- 53, Kolkata U/S 143(3)/144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.03.2013 For Assessment Year 2010-11. The Grounds Raised By The Revenue Per Its Appeal Are As Under:- “1. That The Ld. Cit(A) Erred In Directing To Assess The Entire Gross Receipts S Business Income & Allow Deductions As Per Section 28 To 43 Of The It Act When Rental Income Of Rs.2,31,00,000/- Was Already Included In The Gross Receipts. 2. That The Ld. Cit(A) Erred In Deleting The Estimation Of Business Profits Of Rs.2,37,72,132/- Made By The Ao Though Rejection Of Assessee’S Books Of Account U/S 145(3) Considering The Facts Of The Case. 3. That The Ld. Cit(A)’S Order Is Contrary To The Law & Fact Of The Case. 4. The Appellant Craves Leaves To, Add To, Alter Or Modify Any One Or All Of The Grounds Of Appeal Mentioned Above.”

Section 143(3)Section 145(3)Section 194Section 27Section 28

section 194-I, yet the income so received was assessable in the assessee’s hands as income from business and not as income from rent or income from house property. For deciding the nature of income, no general principle can be laid down which is applicable to all the cases. These cases have to be decided on their own merits

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

ITA 712/KOL/2016[2012-2013]Status: DisposedITAT Kolkata12 Sept 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

Section 133ASection 194CSection 194JSection 201(1)Section 271CSection 9(1)(vi)

section 194I of the Act. The Tribunal held that the 10 I.T.A. Nos. 708, 712 & 510/Kol/2016 Assessment Year: 2012-13 SDV International Logistics Pvt. Ltd. assessee, therefore was not liable to deduct tax at source u/s 194I of the Act and he could not be treated as the assessee in default u/s 201(1)/201

SDV INTERNATIONAL LOGISTICS LTD.,KOLKATA vs. ACIT, CIR-59 (TDS), KOLKATA, KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

ITA 510/KOL/2016[2012-2013]Status: DisposedITAT Kolkata12 Sept 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

Section 133ASection 194CSection 194JSection 201(1)Section 271CSection 9(1)(vi)

section 194I of the Act. The Tribunal held that the 10 I.T.A. Nos. 708, 712 & 510/Kol/2016 Assessment Year: 2012-13 SDV International Logistics Pvt. Ltd. assessee, therefore was not liable to deduct tax at source u/s 194I of the Act and he could not be treated as the assessee in default u/s 201(1)/201

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. SDV INTERNATION LOGISTICS LTD., KOLKATA

In the result, both the appeals of the revenue are dismissed while the appeal of the assessee is allowed

ITA 708/KOL/2016[2012-2013]Status: DisposedITAT Kolkata12 Sept 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm]

Section 133ASection 194CSection 194JSection 201(1)Section 271CSection 9(1)(vi)

section 194I of the Act. The Tribunal held that the 10 I.T.A. Nos. 708, 712 & 510/Kol/2016 Assessment Year: 2012-13 SDV International Logistics Pvt. Ltd. assessee, therefore was not liable to deduct tax at source u/s 194I of the Act and he could not be treated as the assessee in default u/s 201(1)/201

ITO, WD-30(4), KOLKATA, KOLKATA vs. M/S S. L. D. CORPORATION, KOLKATA

Accordingly, Ground No.5 raised by the Revenue is dismissed

ITA 1220/KOL/2014[2009-2010]Status: DisposedITAT Kolkata08 Nov 2017AY 2009-2010
For Appellant: Shri P. B. Pramanik, Addl. CITFor Respondent: Shri S.K. Tulsiyan, Advocate
Section 143(3)Section 194ISection 68

property in Mumbai. The assessee claimed TDS against such income. The AO asked for details of TDS certificate and found that TDS was deducted by the tenant as per provision of Section 194I of the I.T. Act. Therefore, the AO denied the claim towards business income and the AO considered the said amount as income from house

ORIENT PAPER & INDUSTRIES LIMITED,KOLKATA vs. J.C.I.T RANGE - 6,KOLKATA, KOLKATA

In the result, the appeal in ITA 430/Kol/2013 of assessee is partly allowed and appeal in ITA 648/Kol/2013 of the revenue is dismissed

ITA 430/KOL/2013[2009-10]Status: DisposedITAT Kolkata10 Aug 2016AY 2009-10

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

For Appellant: Shri Asim Chaudhury, ld.ARFor Respondent: Shri Niraj Kumar, CIT, ld.Sr.DR
Section 143(3)Section 14A

194I of the Act on such expenses during the year under consideration. The CIT-A has given a categorical finding that the assesse has deposited TDS on such payments on 13-03-12 and directed the AO to verify the same and allow the same in A.Y 2012-13. These facts are not disputed by the both the parties

DCIT, CIRCLE-10(1), KOLKATA, KOLKATA vs. M/S INDIAN OIL PETRONAS (P) LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1930/KOL/2016[2010-11]Status: DisposedITAT Kolkata15 Mar 2019AY 2010-11

Bench: Shri A.T. Varkey, Jm & Dr.A.L.Saini, Am D.C.I.T, Cir­10(1), Kolkata Vs. M/S. Indian Oil Petronas Pvt. Ltd. Pan: Aaaci5573R (अपीलाथ" /Assessee) (""यथ" / Respondent) .. Assessee/Revenue By : Shri P.K. Srihari, Cit, Ld. Dr Respondent/Assessee By : Shrid. S Damle, Fca, Ld.Ar सुनवाईक"तार"ख/ Date Of Hearing : 18/12/2018 घोषणाक"तार"ख/Date Of Pronouncement : 15/03/2019 आदेश / O R D E R

For Appellant: ShriD. S Damle, FCA, ld.ARFor Respondent: Shri P.K. Srihari, CIT, ld. DR
Section 143(3)Section 194ISection 2Section 37(1)Section 40

194I of I. T. Act, 1961. However, the assessing officer rejected the claim of the assessee and made addition of Rs.2,61,600/­. 24. Aggrieved by the stand so taken by the assessing officer, the assessee carried the matter in appeal before the ld CIT(A) who deleted the addition. Aggrieved, the 14 M/s. Indian Oil Petronas P.Ltd Revenue