DY..C.I.T., BANGALORE vs. M/S STATE BANK OF MYSORE, BANGALORE

In the result, the appeal of the Revenue Ground-3 is dismissed

section 40(a)(ia) of the Act.\nIt is, however, not in dispute that the assessee submitted evidence of TDS\ndeduction and remittance on a substantial portion of these expenses (amounting\nto Rs.8,33,41

UNION BANK OF INDIA,MUMBAI vs. DCIT, LTU (2), MUMBAI

Appeal stand dismissed

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode)

41(4) only if a deduction was allowed u/s 36(1)(vii). Where no deduction was allowed u/s 36(1)(vii) in respect of bad debts written off, the question of taxing the recoveries made during the years in respect of such write- off will not arise. Since the recovery so made during the year was credited in Profit & Loss

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

Bench: Shri S. Rifaur Rahman, Accountan Member & Shri Ravish Soodm/S. Greatship (India) Ltd. Dcit, 5(1)(1), Room No. 568, 5Th Fl., Aaykar C/O Kalyaniwala & Mistry Llp, Esplanade Bhavan, M.K Rd,M Mumbai-400 020. House, 29 Hazarimall Somani Marg, Fort, Vs. Mumbai-400 001. Pan – Aabcg 8542K (Appellant) (Respondent)

41,995/- as per the specific provisions of section 199 of the Act. On the contrary, the lower authorities had declined the aforesaid claim of credit to the assessee, for the reason, that as per the post amended provisions of section 199 the credit for tax deducted at source (TDS

TRIUMPH INTERNATIONAL FINANCE INDIA LTD,MUMBAI vs. DCIT CEN CIR 40, MUMBAI

In the result, appeals are allowed in part in terms indicated hereinabove

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm

41(1) as they have not been allowed in any of the earlier years Refer para 6.1 on page no 5 of CIT(A) order Interest-A.Y. 2004-05 2,02,61,611 } Section 43B Interest-A.Y. 2005-06 50,65,403 } TDS

DZ BANK INDIA REPRESENTATIVE OFFICE,MUMBAI vs. DCIT (IT) 2(1)(2), MUMBAI

In the result, all the four appeals of the assessee to the extent of In the result, all the four appeals of the assessee to the extent of the recalled grounds, are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2014-15 Dz Bank, India Representative Dcit (International Taxation) Office C/O Srbc & Associates Llp, Range-2(1)(2), 14Th Floor, The Ruby, 29, Senapati Vs. 16Th Floor, Room No. 1612, Air Bapat Marg, Dadar (West), India Building, Nariman Point, Mumbai-400028. Mumbai-400021. Pan No. Aabcd 6455 E Appellant Respondent

TDS on interest payable by the Indian borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the Income Tax Act, 1961 (in short , 1961 (in short

DZ BANK INDIA REPRESENTATIVE OFFICE,MUMBAI vs. DCIT (IT) 2(1)(2), MUMBAI

In the result, all the four appeals of the assessee to the extent of In the result, all the four appeals of the assessee to the extent of the recalled grounds, are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2014-15 Dz Bank, India Representative Dcit (International Taxation) Office C/O Srbc & Associates Llp, Range-2(1)(2), 14Th Floor, The Ruby, 29, Senapati Vs. 16Th Floor, Room No. 1612, Air Bapat Marg, Dadar (West), India Building, Nariman Point, Mumbai-400028. Mumbai-400021. Pan No. Aabcd 6455 E Appellant Respondent

TDS on interest payable by the Indian borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the Income Tax Act, 1961 (in short , 1961 (in short

DZ BANK INDIA REPRESENTATIVE OFFICE,MUMBAI vs. DCIT (IT) 2(1)(2), MUMBAI

In the result, all the four appeals of the assessee to the extent of In the result, all the four appeals of the assessee to the extent of the recalled grounds, are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2014-15 Dz Bank, India Representative Dcit (International Taxation) Office C/O Srbc & Associates Llp, Range-2(1)(2), 14Th Floor, The Ruby, 29, Senapati Vs. 16Th Floor, Room No. 1612, Air Bapat Marg, Dadar (West), India Building, Nariman Point, Mumbai-400028. Mumbai-400021. Pan No. Aabcd 6455 E Appellant Respondent

TDS on interest payable by the Indian borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the Income Tax Act, 1961 (in short , 1961 (in short

DZ BANK INDIA REPRESENTATIVE OFFICE,MUMBAI vs. DCIT (IT) 2(1)(2), MUMBAI

In the result, all the four appeals of the assessee to the extent of In the result, all the four appeals of the assessee to the extent of the recalled grounds, are allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2008-09 & Assessment Year: 2009-10 & Assessment Year: 2010-11 & Assessment Year: 2014-15 Dz Bank, India Representative Dcit (International Taxation) Office C/O Srbc & Associates Llp, Range-2(1)(2), 14Th Floor, The Ruby, 29, Senapati Vs. 16Th Floor, Room No. 1612, Air Bapat Marg, Dadar (West), India Building, Nariman Point, Mumbai-400028. Mumbai-400021. Pan No. Aabcd 6455 E Appellant Respondent

TDS on interest payable by the Indian borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the borrowers is born by them and that as per section 115A(5) of the Income Tax Act, 1961 (in short , 1961 (in short

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI, MUMBAI

In the result, all the five appeals filed by the assessee\nare allowed

TDS under section\n194A Held, yes [Para 12] [In favour of\nassessee]\nHIGH COURT OF | Section 4 read with sections 2(28A) and\nBOMBAY\n194A, of the Income-tax Act, 1961\nRupeshRashmi\nIncome Chargeable as (Interest on\nKant Shah\ncompensation)\nWhether interest\nυ.\nUnion of India*\nWRIT PETITION | awarded on compensation in motor\nNO.2902\nOF | accident claim cases from date

FLO DYNE CONTROLS (INDIA) P.LTD,MUMBAI vs. ACIT 10(3), MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Flo Dyne Controls (India) Pvt. Ltd., V. Income Tax Officer – 10(3)(1) C/O. Jayesh Sangharjka & Co Llp Charted {Now Known As Income Tax Accountants Officer 15(1)(2)} Unit No. 405, Hind Rajasthan Centre, Aayakar Bhavan, M.K. Road, D.S. Phalke Road, Dadar (E) Mumbai-400 020 Mumbai – 400 014

41) 9. This judgment has been quoted by the High Court in the present case and followed. We have no hesitation to say that the reasoning is correct and we agree with the same. 10. The principle that expiry of period of limitation prescribed under the Limitation Act could not extinguish the debt but it would only prevent the creditor

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3),, MUMBAI

In the result, all the five appeals filed by the assessee\nare allowed

TDS under section\n20\n194A Held, yes [Para 12] [In favour of\nassessee]\nHIGH COURT OF | Section 4 read with sections 2(28A) and\nBOMBAY\nRupeshRashmi\nKant Shah\nv.\nUnion of India*\nWRIT PETITION\nNO.2902\n2016\nOF\n194A, of the Income-tax Act, 1961 -\nIncome Chargeable as (Interest on\ncompensation)\nWhether interest\nawarded on compensation in motor\naccident claim cases

DCIT 9(1)(2), MUMBAI vs. ATV PROJECTS INDIA LTD, MUMBAI

In the result, appeal of the Revenue is dismissed

Bench: Sri Mahavir Singh, Jm & Sri M Balaganesh, Am आयकर अपील सुं./ Ita No. 107/Mum/2016 (यिर्ाारण वर्ा / Assessment Year 2011-12) Dy. Commissioner Of Atv Projects India Limited Income Tax-Circle 9(1)(2) D-8, Atv House, Midc Street Room No. 260A, 2 Nd Floor, No. 16, Marol, Andheri (E), बनाम/ Aayakar Bhavan, M.K. Road, Mumbai-400 093 Vs. Mumbai-400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaaca6923B अपीलार्थी की ओर े / Appellant By : Shri Anadi Varma, Dr प्रत्यर्थी की ओर े / Respondent By : Shri Ronak Doshi, Ar ुिवाई की तारीख / Date Of Hearing: 10.12.2019 घोर्णा की तारीख / Date Of Pronouncement : 08.01.2020 आदेश / O R D E R

TDS, Settlement with lenders and AIR Reconciliation. 5. 21/01/2014 Party wise Sales, party wise Purchase, Addresses of Purchase/ Sales Parties and List of Sundry Creditors (Major Parties) 6. 27/01/2014 Creditors Ledger, bank Statement, Purchase Bills, Details of Loan & Advances, Settlement Details and Depreciation Explanation, Submissions as regards creditors and their settlements. 7. 11/02/2014 AR Mr. Ravindra Chaturvedi has been given

SHUBHAM SPACES,THANE vs. CIT APPEAL, NATIONAL FACELESS APPEAL CENTER

In the result, appeal of assessee is allowed and CPC, TDS is directed to delete the demand raised under section 234E of the Act along with section 220(2) of the Act

Bench: Shri Kuldip Singh & Shri Gagan Goyal

section 234E as under: Fin Year Quart Due date Date of Delay Demand Interest u/s Intimation er of TDS Filing of days U/s 234E 220(2) as u/s 200A Return TDS Return per latest order u/s 154 dated 10.03.2021 2012-13 Q2 15.10.2012 02.11.2013 383 76,600 66642 28.12.2013 days 2012-13 Q2 15.01.2013 02.11.2013 292 41

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

TDS under section M/s. K D LITE DEVELOPERS PRIVATE LIMITED 194A - Held, yes [Para 12] [In favour of assessee] HIGH COURT OF Section 4 read with sections 2(28A) and BOMBAY 194A, of the Income-tax Act, 1961 - RupeshRashmi Income - Chargeable as (Interest on Kant Shah compensation) - Whether interest v. awarded on compensation in motor Union of India* accident claim

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI, MUMBAI

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

TDS under section M/s. K D LITE DEVELOPERS PRIVATE LIMITED 194A - Held, yes [Para 12] [In favour of assessee] HIGH COURT OF Section 4 read with sections 2(28A) and BOMBAY 194A, of the Income-tax Act, 1961 - RupeshRashmi Income - Chargeable as (Interest on Kant Shah compensation) - Whether interest v. awarded on compensation in motor Union of India* accident claim

K D LITE DEVELOPERS PRIVATE LIMITED,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX, TDS CIRCLE 1(3), MUMBAI

In the result, all the five appeals filed by the assessee\nare allowed

TDS under section\n\n194A Held, yes [Para 12] [In favour of\nassessee]\n\nHIGH COURT OF | Section 4 read with sections 2(28A) and\nBOMBAY\n194A, of the Income-tax Act, 1961\nRupeshRashmi | Income Chargeable as (Interest on\nKant Shah\ncompensation)\nWhether interest\nυ.\nawarded on compensation in motor\nUnion of India*\naccident claim cases from date of Claim

DHANANJAY G. MISHRA,MUMBAI vs. CIT APPEAL NFAC, DELHI

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

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.477/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17) Dhananjay G. Mishra बिधम/ Acit, Circle-20(1) Prop. Yeoman Marine Piramal Chambers, Vs. Services (Yms) Lalbaugh, Mumbai. W-1402, World Crest, Senapati Bapat Marg, Lower Parel, The World Towers Delisle Road, Mumbai-400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aflpm1475K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satish Mody Revenue By: Shri Mahiita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 30/06/2022 घोषणा की तारीख /Date Of Pronouncement: 26/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax(A) (Nfac), Delhi Dated 20.12.2021 For Assessment Year 2016-17. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Order Of The Assessing Officer Not Allowing The Credit Of Tds Of Rs.24,41,710/-. 3. Brief Facts Pertaining To The Issue Is That Assessee Is An Individual Having A Proprietary Concern Running In The Name Of Yeoman Marine Services ( Herein After In Short ‘Yms’) Which Was Succeeded By A Private Limited Company Yeoman Marine Services Private Limited (Herein After In Short ‘Ymspl’) W.E.F. 01.11.2015. Appellant Is A Contractor In Ship Repairing Business. During The Year The Appellant

TDS of Rs.24,41,710/- though the same has been deducted by the payers and credited in the name of assessee in the Government Treasury. In this case sub-section

ACIT-4(2)(1), MUMBAI vs. M/S.VGC DIAMOND PRIVATE LIMITED, MUMBAI

The appeal of the assessee is allowed, and appeal of the Assessing Officer is dismissed

Bench: Shri Pawan Singh, Jm& Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 7004/Mum/2017 (निर्धारणवर्ा / Assessment Year: 2014-15)

section 41(1) on account of cessation of liability. 13. Before proceeding further, we would like to draw the attention of your honor to the following factual position. Sr. Additions Amount Remarks No. M/s. Divya 45,00,000/- Creditor: 1. Jewels No business transaction during the A.Y.2014-15. Amount was repaid in A.Y.2015-16 [PB - page 49 & 50] Mr. Girish

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. ASST CIT CIRCLE 5(3)(2), MUMBAI

In the result, appeals of the assessee are allowed and\nappeals of the Revenue are dismissed

TDS credit, performance guarantees, and general average claims.", "result": "Allowed", "sections": ["Section 14A", "Rule 8D", "Section 28(iv)", "Section 41