DCIT (TDS) 3(2), MUMBAI vs. RELIANCE LIFE INSURANCE CO. LTD, MUMBAI

The appeal of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

TDS‘. Further, assessee discussed the provisions of Chapter XVII-B of the Act, which are applicable in case of payment of income in the hands of the recipient. It was also submitted that section 190 is the charging section for the purpose of invoking Chapter XVII-B of the Act, wherein it was indicated that before deduction

DCIT (TDS) 3(2), MUMBAI vs. RELIANCE LIFE INSURANCE CO. LTD, MUMBAI

The appeal of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

TDS‘. Further, assessee discussed the provisions of Chapter XVII-B of the Act, which are applicable in case of payment of income in the hands of the recipient. It was also submitted that section 190 is the charging section for the purpose of invoking Chapter XVII-B of the Act, wherein it was indicated that before deduction

DCIT (TDS) 3(2), MUMBAI vs. RELIANCE LIFE NSURANACE CO. LTD, MUMBAI

The appeal of the revenue is dismissed

Bench: Shri Saktijit Dey & Shri Rajesh Kumar

TDS‘. Further, assessee discussed the provisions of Chapter XVII-B of the Act, which are applicable in case of payment of income in the hands of the recipient. It was also submitted that section 190 is the charging section for the purpose of invoking Chapter XVII-B of the Act, wherein it was indicated that before deduction

SANJEEV RAJENDRA PANDIT,MUMBAI vs. THE ASSISTANT DIRECTOR OF INCOME TAX (CPC) , MUMBAI

In the result, both these appeals are allowed

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2020-21 & Assessment Year: 2021-22 Sanjeev Rajendra Pandit, The Assistant Director Of Top Floor Madhav Vilas, 8 Income Tax (Cpc), Setalwad Road, Off Neapean Vs. Post Bag No.2, Electronic Sea Road, Cumballa Hill, S.O., City Post Office, Mumbai-400026. Bangalore-560500. Pan No. Agypp 4026 D Appellant Respondent : Assessee By Mr. Milin Dattani, Ar Revenue By : Mr. Aditya M. Rai, Dr : Date Of Hearing 18/01/2023 : Date Of Pronouncement 24/01/2023

Section 205 of the Act. Relief Sought: Relief Sought: Your appellant prays that: Your appellant prays that: 1. The learned Assessing officer be directed to grant full TDS 1. The learned Assessing officer be directed to grant full TDS 1. The learned Assessing officer be directed to grant full TDS credit of Rs. 3,93,891 as claimed

SANJEEV RAJENDRA PANDIT,MUMBAI vs. THE ASSISTANT DIRECTOR OF INCOME TAX (CPC), MUMBAI

In the result, both these appeals are allowed

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2020-21 & Assessment Year: 2021-22 Sanjeev Rajendra Pandit, The Assistant Director Of Top Floor Madhav Vilas, 8 Income Tax (Cpc), Setalwad Road, Off Neapean Vs. Post Bag No.2, Electronic Sea Road, Cumballa Hill, S.O., City Post Office, Mumbai-400026. Bangalore-560500. Pan No. Agypp 4026 D Appellant Respondent : Assessee By Mr. Milin Dattani, Ar Revenue By : Mr. Aditya M. Rai, Dr : Date Of Hearing 18/01/2023 : Date Of Pronouncement 24/01/2023

Section 205 of the Act. Relief Sought: Relief Sought: Your appellant prays that: Your appellant prays that: 1. The learned Assessing officer be directed to grant full TDS 1. The learned Assessing officer be directed to grant full TDS 1. The learned Assessing officer be directed to grant full TDS credit of Rs. 3,93,891 as claimed

TIGERS WORLDWIDE LOGISTICS PVT LTD,MUMBAI vs. DCIT (3)(3)(1) , MUMBAI

In the result, the appeal of the assessee for AY 2001

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2001-02 & Assessment Year: 2008-09 Tigers Worldwide Logistics Pvt. Dcit (3)(3)(1), Ltd., Aayakar Bhavan, M.K. Road, 301, Sangeet Plaza, Marol Vs. New Marine Lines, Naka, Marol, Andheri East, Mumbai-400020 Mumbai-400059. Pan No. Aaack 4578 L Appellant Respondent Assessee By : Mr. Haridas Bhat, Ar Revenue By : Mr. S.K. Jain, Dr : Date Of Hearing 06/03/2023 : Date Of Pronouncement 30/03/2023

TDS is confined to payments made to any "resident. On payments made to any "resident. On the other hand, section the other hand, section 172 operates in the area of computation of profits from 172 operates in the area of computation of profits from 172 operates in the area of computation of profits from shipping business of non shipping business

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

Bench: Shri Prashant Maharishi & Shri Kuldip Singh

Section 9(1)(i) of the Act deems income accruing or arising through or from any business connection in India to be income accruing or arising in India. Clause (a) of the Explanation clarifies that in the case of a business of which all the operations are not carried out in India, the income of the business deemed to accrue

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

Bench: Shri Prashant Maharishi & Shri Kuldip Singh

Section 9(1)(i) of the Act deems income accruing or arising through or from any business connection in India to be income accruing or arising in India. Clause (a) of the Explanation clarifies that in the case of a business of which all the operations are not carried out in India, the income of the business deemed to accrue

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

Bench: Shri Prashant Maharishi & Shri Kuldip Singh

Section 9(1)(i) of the Act deems income accruing or arising through or from any business connection in India to be income accruing or arising in India. Clause (a) of the Explanation clarifies that in the case of a business of which all the operations are not carried out in India, the income of the business deemed to accrue

MILLENIUM CORPORATION,NAVI MUMBAI vs. ITO TDS 2(3), MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri R.C. Sharma(Am) & Shri Sandeep Gosain (Jm) Assessment Year: 2011-12

TDS of Chapter XVIIB as provided under Section 196 of the Income Tax Act. 1.4 The learned Assessing Officer (TDS

CHANDRAKANT NARAYAN MANE,THANE vs. ACIT CIR 3, KALYAN

In the result, appeal of the assessee is allowed in part

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm Shri Chandrakant Narayan Mane Vs. Acit, Circle -3 B-3/515, Rajnigandha Kalyan Lok Vatika Kalyan (East) Thane – 421 306 Pan/Gir No.Aehpm2385K Appellant) .. Respondent)

TDS were not applicable in respect of this payment as per section 196 of the Act. 12. During the course

ITO (TDS)- 2(1)(4), MUMBAI vs. M/S. RAINBOW DEVICES TRUST, MUMBAI

In the result, the appeals filed by the revenue are hereby dismissed

Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1446/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2019-2020) Ito (Tds)-2(1)(4) बिधम/ M/S. Rainbow Devices Trust Room No.612, 6Th Floor, K. C/O. Axis Trustee Services Vs. G. Mittal Ayurvedic Ltd. 2Nd Floor, 29 South West, Hospital Building, Charni Road (W), Mumbai-400002. Ruby It Park (Ruby Mills) Dadar (W), Mumbai-400028. Pan No. Aadtr3790H आयकर अपील सं/ I.T.A. No. 1447/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2019-2020) बिधम/ Ito (Tds)-2(1)(4) M/S. Rent-A- Device Trust Room No.612, 6Th Floor, K. C/O. Axis Trustee Services Vs. G. Mittal Ayurvedic Hospital Ltd. 2Nd Floor, 29 South West, Building, Charni Road (W), Mumbai-400002. Ruby It Park (Ruby Mills) Dadar (West), Mumbai- 400028. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadtr4732R (अपीलाथी /Appellant) (प्रत्यथी / Respondent) ..

section 196 of the Act.) The TDS AO has considered the transaction at point no.6 which is actually the payment

COGENT JEWELLERY P.LTD,MUMBAI vs. DCIT CIR 6(2), MUMBAI

The appeal of the Assessee is partly allowed for statistical purposes

Bench: Sri Mahavir Singh, Jm & Sri G. Manjunatha, Am Cogent Jewellery Private The Dy. Commissioner Of Limited, 6, Vaibhav, Janki Income Tax, Circle – 6(2), Kutir, Juhu Church Road, Aayakar Bhavan, Rom Vs. Juhu, Mumbai-400 049 No.504, 5Th Floor, Maharshi Karve Road, Mumbai-400020 Appellant .. Respondent Pan No. Aaacc1579M

TDS no disallowance under section 40(a)(ia) of the Act can be made in view of the decision of Hon’ble Calcutta High Court in the case of CIT vs. S.K. Tekriwal 361 ITR 432 (Cal) and also Hon’ble Karnataka High Court in the case of CIT vs. Kishore Rao and Others (HUF) 387 ITR 196

DCIT (LTU) 2, MUMBAI vs. ASIAN PAINTS LTD, MUMBAI

196/- under section 14A read with Rule 8D of the\nRules. Therefore, respectfully following the decision rendered in assessee's\nown case cited supra, we do not find any reason for upholding the\ndisallowance made by the AO under section 14A read with Rule 8D of the\nRules. Accordingly, the same is directed to be deleted. As a result, ground

ASIAN PAINTS LTD,MUMBAI vs. ASST CIT (LTU) 2, MUMBAI

196/- under section 14A read with Rule 8D of the\nRules. Therefore, respectfully following the decision rendered in assessee's\nown case cited supra, we do not find any reason for upholding the\ndisallowance made by the AO under section 14A read with Rule 8D of the\nRules. Accordingly, the same is directed to be deleted. As a result, ground

ITO (TDS) 3(5), MUMBAI vs. VIKRAM SINGH SHAH, NAVI MUMBAI

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.3123/Mum/2014 ("नधा"रण वष" / Assessment Year : 2010-11) Income Tax Officer (Tds), Mr. Vikram Singh Shah, बनाम/ 3(5), 228, Vardhaman Market, V. Room No. 1008, 10Th Floor, Sector 17,Vashi, Smt. K.G. Mittal Ayurvedic Navi Mumbai-400 703. Hospital Bldg., Charni Road (W), Mumbai – 400 002. "थायी लेखा सं./Pan : Aazps3120L .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

TDS under provisions of Chapter XVII-B as provided for under section 196 of the Act. On given facts, it is clear

AIR INDIA LTD,MUMBAI vs. DCIT 5(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

196 (Mumbai-Trib) has relied on above discussed judicial decisions and allowed the asssessee appeal read as under: ……7. We have heard the rival contentions of both the parties and perused the material available on record. In the instant case, AO has disallowed the interest expenses incurred by the assessee on account of late deposit of service tax and TDS

AIR INDIA LTD,MUMBAI vs. DCIT 5(1)(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

196 (Mumbai-Trib) has relied on above discussed judicial decisions and allowed the asssessee appeal read as under: ……7. We have heard the rival contentions of both the parties and perused the material available on record. In the instant case, AO has disallowed the interest expenses incurred by the assessee on account of late deposit of service tax and TDS