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16 results for “TDS”+ Section 184(5)clear

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Key Topics

Section 26316Section 143(3)10Addition to Income9Section 1488Section 41(1)8Section 80P7Section 142(1)5Section 685Section 253(3)4Condonation of Delay

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 349/LKW/2025[2016-17]Status: DisposedITAT Lucknow11 Dec 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

TDS on payment of Rs. 3074000 @ 30% i.e. 922200/- in violation of the provision of section 40a(ia) In relevant year Ld. AO made addition of Rs. 9,22,200/- on account of payment of such expenses on which tax was not deducted aggregating Rs. 30,74,000/- as reported by Auditor in TAR and on other side estimated

ACIT, CENTRAL CIRCLE-II, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA U.P.

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 460/LKW/2025[2017-18]Status: DisposedITAT Lucknow11 Dec 2025
4
Disallowance4
TDS3
AY 2017-18

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

TDS on payment of Rs. 3074000 @ 30% i.e. 922200/- in violation of the provision of section 40a(ia) In relevant year Ld. AO made addition of Rs. 9,22,200/- on account of payment of such expenses on which tax was not deducted aggregating Rs. 30,74,000/- as reported by Auditor in TAR and on other side estimated

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 351/LKW/2025[2018-19]Status: DisposedITAT Lucknow11 Dec 2025AY 2018-19

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

TDS on payment of Rs. 3074000 @ 30% i.e. 922200/- in violation of the provision of section 40a(ia) In relevant year Ld. AO made addition of Rs. 9,22,200/- on account of payment of such expenses on which tax was not deducted aggregating Rs. 30,74,000/- as reported by Auditor in TAR and on other side estimated

INCOME TAX OFFICER (EXEMPTION), LUCKNOW vs. UTTAR PRADESH POLICE AND ARMED FORCES SAHAYATA SANSTHAN, LUCKNOW

The appeal of the Department stands dismissed

ITA 516/LKW/2018[2013-14]Status: DisposedITAT Lucknow08 Aug 2025AY 2013-14

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2013-14 The Income Tax Officer V. Uttar Pradesh Police & Armed (Exemption) Forces Sahayata Sansthan Lucknow Room No.6, Naveen Bhawan U.P. Sachivalaya, Lucknow Tan/Pan:Aaatr4272K (Appellant) (Respondent) Appellant By: Shri Sunil Kumar Rajwanshi, D.R. Respondent By: Shri B. P. Yadav, Advocate O R D E R

For Appellant: Shri Sunil Kumar Rajwanshi, D.RFor Respondent: Shri B. P. Yadav, Advocate

section 12A of the Act and it had filed ITA No.516/LKW/2018 Page 5 of 11 its return of income for the year under consideration, declaring Nil income. The Ld. A.R. further submitted that during the year under consideration, total receipts of the trust were to the tune of Rs.3,95,07,063/-, whereas, the total application of funds were Rs.1

DY.COMMISSIONER OF INCOME TAX,CC-2,, KANPUR vs. SHRI.MOHAMMAD ASFAND AKHTAR, KANPUR

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

5% expenses incurred for arranging such entry may not be added back to the income of the assessee. The assessee replied to this notice vide letter dated 21/02/2018, a copy of which is placed at page 51 of paper book and submitted that assessee had taken unsecured loan and copy of confirmation of account, ITR, bank statement and audited balance

MOHD. ASFAND AKHTAR,KANPUR vs. DEPUTI COMMISSIONER OF INCOME TAX CC-2, KANPUR

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

5% expenses incurred for arranging such entry may not be added back to the income of the assessee. The assessee replied to this notice vide letter dated 21/02/2018, a copy of which is placed at page 51 of paper book and submitted that assessee had taken unsecured loan and copy of confirmation of account, ITR, bank statement and audited balance

FUTURE PHARMA PVT.LTD,KANPUR vs. PR. CIT-1, KANPUR

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

ITA 263/LKW/2024[2018-19]Status: DisposedITAT Lucknow18 Mar 2025AY 2018-19
Section 142(1)Section 143(3)Section 144BSection 194HSection 263Section 40A(2)(b)

5. With respect to the commission expenses claimed during the year\nunder consideration, kindly submit the below specified details:\nCopy of financials in the form of balance sheet, P & L account, tax audit\nreport.\nName, PAN, Address of the party to whom the commission has been paid.\ne Copy of agreement, if any.\nProvide following details of sale/ purchase with

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT(CENTRAL)-2, LUCKNOW

ITA 350/LKW/2025[2017-18]Status: DisposedITAT Lucknow11 Dec 2025AY 2017-18
Section 142(1)Section 143(2)Section 147Section 250Section 253(3)

TDS on payment of Rs.3074000\n@ 30% i.e. 922200/- in violation of the provision of section\n40a(ia)\nIn relevant year Ld. AO made addition of Rs.9,22,200/- on account of\npayment of such expenses on which tax was not deducted aggregating Rs.\n30,74,000/- as reported by Auditor in TAR and on other side estimated the\nprofit

UP GOVERNMENT EMPLOYEES WELFARE,LUCKNOW vs. ACIT, NFAC, DELHI, DELHI

In the result appeals in ITA No

ITA 743/LKW/2024[2017-18]Status: DisposedITAT Lucknow30 Apr 2025AY 2017-18

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharyita Nos.743 & 746/Lkw/2024 & Ita No. 30/Lkw/2024 A.Y. 2017-18 U.P. Government Employees Vs. Assessing Officer, Nfac Welfare, Lucknow Pan:Aaatu0957A (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Manu Chaurasia, Cit (Dr) Date Of Hearing: 15.04.2025 Date Of Pronouncement: 30.04.2025 O R D E R Per Bench.: These Three Appeals Have Been Filed By The Assessee Against The Orders Passed By The Ld. Cit(A), Nfac On 23.10.2024, 28.10.2024 & 2.01.2024 In The Appeals Preferred Against The Assessment Order Under Section 143(3), The Penalty Order Under Section 271Aac(1) & The Penalty Order Under Section 270A. The Grounds Of Appeal In These Three Appeals Are As Under:-

For Appellant: NoneFor Respondent: Sh. Manu Chaurasia, CIT (DR)
Section 143(3)Section 2(24)(x)Section 234ASection 270ASection 271ASection 36(1)(va)Section 40Section 68

5,35,39,675/- on this account. iii. As per the special audit, the Corporation at its various depots received cash which is deposited in the bank, amounting to Rs. 49,46,18,046/- during the demonetization period. This included old currency which was received in the depots, on the basis of letter dated 15.11.2016 issued by Sh. Prakash Gupta

SAHKARI GANNA VIKAS SAMITI LIMITED RUPAPUR,HARDOI vs. THE INCOME TAX DEPARTMENT/NFAC, ACIT, SITAPUR

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

ITA 663/LKW/2025[2018-19]Status: DisposedITAT Lucknow30 Jan 2026AY 2018-19
For Appellant: Sh. K.R. Rastogi, C.AFor Respondent: Sh. Koushlendra Tiwari, CIT DR
Section 143(2)Section 143(3)Section 250Section 56Section 80PSection 80P(2)(a)

184 of 2016. The ld. AO also relied upon the decision of the Hon’ble Karnataka High Court in the case of PCIT, Hubli vs. M/s Totgars Cooperative Sale Society (2017) 83 taxman.com 140, wherein the Hon’ble Karnataka High Court had held that income earned by way of interest earned by deposit or investment of idle or surplus funds

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 702/LKW/2018[2014-15]Status: DisposedITAT Lucknow06 Apr 2022AY 2014-15

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

184 ITR 4 10. CBDT Instruction No. 286/2/2003(Inv) It was submitted that the addition solely based upon the statement recorded during survey u/s 133A is not sufficient and assessee is entitled to retract from his offer by furnishing complete details of his income in the course of assessment proceedings. It was submitted that even CBDT Instruction is very much

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 582/LKW/2018[2015-16]Status: DisposedITAT Lucknow06 Apr 2022AY 2015-16

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

184 ITR 4 10. CBDT Instruction No. 286/2/2003(Inv) It was submitted that the addition solely based upon the statement recorded during survey u/s 133A is not sufficient and assessee is entitled to retract from his offer by furnishing complete details of his income in the course of assessment proceedings. It was submitted that even CBDT Instruction is very much

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 701/LKW/2018[2013-14]Status: DisposedITAT Lucknow06 Apr 2022AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

184 ITR 4 10. CBDT Instruction No. 286/2/2003(Inv) It was submitted that the addition solely based upon the statement recorded during survey u/s 133A is not sufficient and assessee is entitled to retract from his offer by furnishing complete details of his income in the course of assessment proceedings. It was submitted that even CBDT Instruction is very much

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

ITA 703/LKW/2018[2016-17]Status: DisposedITAT Lucknow06 Apr 2022AY 2016-17

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 145Section 148

184 ITR 4 10. CBDT Instruction No. 286/2/2003(Inv) It was submitted that the addition solely based upon the statement recorded during survey u/s 133A is not sufficient and assessee is entitled to retract from his offer by furnishing complete details of his income in the course of assessment proceedings. It was submitted that even CBDT Instruction is very much

ETAH WINE TRADERS,KASGANJ vs. PCIT, BAREIILY

In the result, the appeal of the assessee is allowed

ITA 117/LKW/2022[2017-18]Status: DisposedITAT Lucknow25 Oct 2024AY 2017-18

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriaetah Wine Traders V. Pcit, Bareilly C/O Kunwar Devendra Singh Aaykar Bhawan, Central Yadav, Laxmiganj, Kasganj, Revenue Building, Kamla Uttar Pradesh-207123. Nehru Marg, Civil Lines, Bareilly. Pan:Aaaae1483E (Appellant) (Respondent) Appellant By: Shri Vivek Agrawal, C.A. Respondent By: Shri Manu Chaurasia, Cit(Dr) Date Of Hearing: 18 10 2024 Date Of Pronouncement: 25 10 2024 O R D E R

For Appellant: Shri Vivek Agrawal, C.AFor Respondent: Shri Manu Chaurasia, CIT(DR)
Section 143(3)Section 263

TDS, the AO was to examine the different heads shown in P&L Account and Balance Sheet, so as to look into about the genuineness of the financial results declared by the assessee for the year under consideration. Though the case was selected for complete scrutiny and detailed questionnaire was issued by the AO vide notice 23.01.2019 and 05.04.2019. However

M/S JAMA CORPORATION PVT. LTD.,KANPUR vs. DYT. COMMISSIONER OF INCOME TAX (TDS) , KANPUR

In the result, the appeal of the assessee stands partly allowed

ITA 449/LKW/2017[2013-14]Status: DisposedITAT Lucknow03 Feb 2022AY 2013-14

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 201

TDS), 8/2-B Arya Nagar, Kanpur. Kanpur. PAN:AACCM1582F (Appellant) (Respondent) Appellant by Shri P. K. Kapoor, C. A. Respondent by Shri Sunil Bajpai, CIT, D.R. Date of hearing 02/02/2022 Date of pronouncement 03/02/2022 O R D E R PER T. S. KAPOOR, A.M. This is an appeal filed by the assessee against the order of learned CIT(A)-II, Kanpur