PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1),MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: IN THE INCOME TAX APPELLATE TRIBUNAL "C" BENCH, MUMBAI SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

TDS as laid under Section 193 and Section 194/A of the Act cannot apply. 2 ITA No. 2351/MUM/2024, ITA No.2348/Mum/2024

PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX TDS - 2 (1), MUMBAI, MUMBAI

Accordingly, in terms of paragraph 13 & 17 above, all the four appeals preferred by the Assessee are allowed

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

TDS as laid under Section 193 and Section 194/A of the Act cannot apply. 2 ITA No. 2351/MUM/2024, ITA No.2348/Mum/2024

DCIT 9(3)(2), MUMBAI vs. FUTURA VALUE RETAIL LTD, MUMBAI

In the result, the appeal of the Revenue in ITA no

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6705/Mum/2016 (नििाारण वर्ा / Assessment Year: 2012-13) बिाम/ Acit-9(3)(2), M/S. Future Value 418, 4Th Floor, Retail Ltd., Aayakar Bhavan, Knowledge House, V. Mumbai-400020 Shyam Nagar, Off Jogeshwari Vikhroli Link Road, Jogeshwari (E), Mumbai-400060 स्थायी ऱेखा सं./ Pan: Aaecp3041P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. Sushil Kumar Poddar (Dr) Assessee By: Ms. Dinkle Hariya सुनवाई की तारीख /Date Of Hearing : 12.06.2019 घोषणा की तारीख /Date Of Pronouncement : 04.07.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 6705/Mum/2016, Is Directed Against Appellate Order Dated 23.08.2016, Passed By Learned Commissioner Of Income Tax (Appeals)-16,Mumbai (Hereinafter Called “The Cit(A)”) In Ita No. Cit(A)/ I.T.305/Dcit-9(3)(2)/2015-16, For Assessment Year 2012-13, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 29.03.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2012-13. I.T.A. No.6705/Mum/2016

TDS) Jaypee Agra Vikas Limited & Ors. had held that no income-tax is required to be deducted at source under Chapter XVII-B of the 1961 Act on guarantee commissions paid to Indian Banks. 6.4 We have also noted that Hon‟ble Delhi High Court in the case of CIT-II v. JDS Apparels Private Limited reported

VODAFONE ESSAR MOBILE SERVICES LTD.,NEW DELHI vs. JCIT, NEW DELHI

In the result, the appeal is partly allowed

Section 1941 of the Act. Therefore, we reverse the order of the Id CIT (A) and assessee's appeal is allowed on this ground also. 14. Reading of the above order clearly show that fact situation was essentially similar to the one here in the case of the assessee. Assessee was also treated as one in default for failure

DCIT(TDS)-2(1), MUMBAI, MUMBAI vs. PIRAMAL ENTERPRISES LIMITED, MUMBAI

In the result, the appeal by the Revenue is dismissed

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhaildeputy Commissioner Of Income Tax (Tds) – 2(1), Mumbai, ............... Appellant V/S Piramal Enterprises Limited, Piramal Ananta, Agastya Corporate Park Kamini Junction Lbs Marg Opp. Fire Brigade Kurla, ……………… Respondent Mumbai – 400070 Pan : Aaacn5024A

sections 193 and 194A are not applicable to the transactions between PHL Finvest Pvt. Ltd. and Piramal Enterprises Ltd.? 3. Whether the Addl. CIT(A) erred in accepting the view of the assessee that there is no income, for provisions of TDS

VODAFONE ESSAR MOBILE SERVICES LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal is partly allowed

Section 1941 of the Act. Therefore,\nwe reverse the order of the Id CIT (A) and assessee's appeal\nis allowed on this ground also.\n14. Reading of the above order clearly show that fact\nsituation was essentially similar to the one here in the case\nof the assessee. Assessee was also treated as one in\ndefault for failure

DAGA GLOBAL CHEMICALS LTD,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-12(2)(1), MUMBAI

In the result, the appeal filed by the assessee and the Revenue are

Bench: Shri Shamim Yahya & Shri Amarjit Singhm/S. Daga Global Chemicals D C I T - 12(2)(1) P. Ltd. Room No. 223/262 101, Mahek Plaza 2Nd Floor, Aayakar Bhavan Vs. Off L.T. Road, Maharashtra M.K. Road, Mumbai 400020 Nagar Lane, Borivali (W) Mumbai 400092 Pan – Aaacd2233M Appellant Respondent D C I T - 12(2)(1) M/S. Daga Global Chemicals Room No. 223/262 P. Ltd. 2Nd Floor, Aayakar Bhavan 101, Mahek Plaza Vs. M.K. Road, Mumbai 400020 Off L.T. Road, Maharashtra Nagar Lane, Borivali (W) Mumbai 400092 Appellant Respondent

TDS, entire amount of commission paid is disallowed under section 40(a)(i). 3. “Whether on the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in allowing the appeal of the assessee to carry forward of long term capital loss of Rs.84,46,103/- on account of loss arose merely investment

ACIT 16(1), MUMBAI vs. ENTERTAINMENT NETWORK (INDIA) LTD, MUMBAI

In the result, the appeals of the assessee in ITA No

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.852/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Entertainment Network Acit 16(1), Room No. 439, 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, 4T H Floor, A Wing, V. Mumbai- 400020 Matulya Centre, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaace7796G आयकर अपीऱ सं./I.T.A. No.812/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Acit 16(1), Room No. 439, Entertainment Network 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, Mumbai 400020 4T H Floor, A Wing, V. Matulya Centre, Senapati Bapat Marg, Lower Parel(West), Mumbai-400013 स्थायी ऱेखा सं./ Pan : Aaace7796G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

Section 194H of the 1961 Act will depend upon facts and circumstances of each case and hence it was held that there is a need to evaluate the factual matrix of each case before applying provisions of Section 194H of the 1961 Act to advertising agency commissions paid by Media/Broadcasting companies including evaluating commercial terms and conditions of the contract

ENTERTAINMENT NETWORK (INDIA) LTD,MUMBAI vs. ASST CIT RG 11(1), MUMBAI

In the result, the appeals of the assessee in ITA No

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.852/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Entertainment Network Acit 16(1), Room No. 439, 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, 4T H Floor, A Wing, V. Mumbai- 400020 Matulya Centre, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaace7796G आयकर अपीऱ सं./I.T.A. No.812/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Acit 16(1), Room No. 439, Entertainment Network 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, Mumbai 400020 4T H Floor, A Wing, V. Matulya Centre, Senapati Bapat Marg, Lower Parel(West), Mumbai-400013 स्थायी ऱेखा सं./ Pan : Aaace7796G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

Section 194H of the 1961 Act will depend upon facts and circumstances of each case and hence it was held that there is a need to evaluate the factual matrix of each case before applying provisions of Section 194H of the 1961 Act to advertising agency commissions paid by Media/Broadcasting companies including evaluating commercial terms and conditions of the contract

ITO, TDS III (3) , MUMBAI vs. M/S PETROLEUM INDIA INTERNATIONAL, MUMBAI

Bench: Shri Prashant Maharishi & Shri Kuldip Singh

TDS obligation without ascertaining that in respect of such allowance, the appellant was not under any obligation to deduct tax at source for more than one reason as discussed earlier. 13.2. He has also drawn my attention to the decision of the Calcutta High Court in the case of British Airways V. CIT (193 ITR 439). In this decision

INCOME TAX OFFICER (TDS) III(3),, MUMBAI vs. M/S PETROLEUM INDIA INTERNATIONAL , MUMBAI

Bench: Shri Prashant Maharishi & Shri Kuldip Singh

TDS obligation without ascertaining that in respect of such allowance, the appellant was not under any obligation to deduct tax at source for more than one reason as discussed earlier. 13.2. He has also drawn my attention to the decision of the Calcutta High Court in the case of British Airways V. CIT (193 ITR 439). In this decision

ITO. TDS III (3), MUMBAI vs. M/S PETROLEUM INDIA INTERNATIONAL, MUMBAI

Bench: Shri Prashant Maharishi & Shri Kuldip Singh

TDS obligation without ascertaining that in respect of such allowance, the appellant was not under any obligation to deduct tax at source for more than one reason as discussed earlier. 13.2. He has also drawn my attention to the decision of the Calcutta High Court in the case of British Airways V. CIT (193 ITR 439). In this decision

SHEKHAR DADARKAR PROP,MUMBAI vs. ACIT 31(3), MUMBAI

In the result, appeals of assessee in ITA

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10

TDS by applying the provision of section 40(a)(ia) of the Act which was also confirmed by the Ld. CIT(A) in the appellate proceedings by holding that the NBFCs are not exempted from the application of provisions of section 193

SHEKHAR DADARKAR PROP,MUMBAI vs. DCIT 34(3), MUMBAI

In the result, appeals of assessee in ITA

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10

TDS by applying the provision of section 40(a)(ia) of the Act which was also confirmed by the Ld. CIT(A) in the appellate proceedings by holding that the NBFCs are not exempted from the application of provisions of section 193

SHEKHAR DADARKAR PROP M/S, S.D. CONSTRUCTION,MUMBAI vs. DCIT 24(3), MUMBAI

In the result, appeals of assessee in ITA

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10

TDS by applying the provision of section 40(a)(ia) of the Act which was also confirmed by the Ld. CIT(A) in the appellate proceedings by holding that the NBFCs are not exempted from the application of provisions of section 193

DCIT 24(3), MUMBAI vs. SHEKHAR S. DADARKAR, MUMBAI

In the result, appeals of assessee in ITA

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10

TDS by applying the provision of section 40(a)(ia) of the Act which was also confirmed by the Ld. CIT(A) in the appellate proceedings by holding that the NBFCs are not exempted from the application of provisions of section 193

SHEKHAR DADARKAR PROP,MUMBAI vs. ACIT 31(3), MUMBAI

In the result, appeals of assessee in ITA

Bench: Shri Mahavir Singh & Shri Rajesh Kumarassessment Year: 2009-10

TDS by applying the provision of section 40(a)(ia) of the Act which was also confirmed by the Ld. CIT(A) in the appellate proceedings by holding that the NBFCs are not exempted from the application of provisions of section 193

DCIT 1(1)(2), MUMBAI vs. FORBES & COMPANY LTD, MUMBAI

In the result, the appeal is allowed for statistical purpose

Bench: Shir Pavan Kumar Gadale & Shri Gagan Goyal

Section 193 of the Act, TDS is not to be deducted as per proviso of section 193 of the Act. I am in agreement