DCIT-CC-5(3), MUMBAI, AIR INDIA, NARIMAN POINT vs. ADITYA BIRLA SUN LIFE INSURANCE COMPANY LIMITED, MUMBAI

In the result, appeal of the assessee is partly allowed for statistical purposes and that of the revenue is dismissed

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawalassessment Year: 2021-22 Aditya Birla Sunlife Insurance Commissioner Of Income Tax Company Ltd., (A) – 54, 16Th Floor, Tower 1, One World Mumbai Vs. Centre, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400013 (Pan : Aabcb4623J) (Appellant) (Respondent) Assessment Year: 2021-22 Deputy Commissioner Of Income Aditya Birla Sunlife Tax – Central Circle – 5(3), Insurance Company Ltd., Mumbai 16Th Floor, Tower 1, One Vs. World Centre, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400013 (Pan : Aabcb4623J) (Appellant) (Respondent) Present For: Assessee : Shri Ronak Doshi, Ca Revenue : Shri Ajay Chandra, Cit Dr

section 44 begins with a non obstante clause and overwrites other provisions of the Act. The other judicial precedents referred by ld. Counsel are- i) PCIT v Oriental Insurance Co. Ltd. [2020] 118 taxmann.com 248 (Delhi HC) ii) JCIT TATA AIA Life Insurance Co. Ltd. in ITA No. 1897 & 1757/Mum/2023 Aditya Birla Sunlife Insurance

DCIT 1(3), MUMBAI vs. THE NEW INDIA ASSURANCE CO.LTD, MUMBAI

In the result all the appeals of the assessee and Revenue are allowed in part in terms indicated hereinabove

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm

TDS at source are not applicable on reinsurance commission and accordingly the order under section 201(1) r.w.s. 201(1A) was set aside. The Ld. Counsel also submitted that this order The New India Assurance Co. Ltd., has been followed in the assessee's own case in the earlier years and Ld. CIT(A) deleted the disallowance following these orders

HDFC ERGO GENERAL INSURANCE COMPANY LIMITED,MUMBAI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 6(2), MUMBAI, MUMBAI

In the result, appeal filed by the assesse bearing ITA No

TDS was not required. The disallowance under Section 14A was deleted as it is not applicable to insurance companies.", "result": "Partly Allowed", "sections": ["Section 37(1)", "Section 40(a)(i)", "Section 40(a)(ia)", "Section 14A", "Rule 8D", "Section 43B", "Section 115-O", "Section 244A", "Section 194H", "Section 197", "Section 105A", "Section 44

SBI LIFE INSURANCE COMPANY LIMITED ,MUMBAI vs. PRINCIPAL COMMISSIONER OF TAX -1, MUMBAI

In the result, the grounds of appeal raised by assessee are allowed

Bench: Shri Pawan Singh& Smt. Renu Jauhri

TDS and Self- assessment of tax in the books of accounts, it is evident that payment of taxes is close to the amountprovision of tax made in the books of accounts and accordingly, there is no revenue loss for the tax department; 3.2. The Learned PCIT has erred in issuing a notice under section 263 of the Act without

SBI LIFE INSURANCE COMPANY LIMITED ,MUMBAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1 , MUMBAI

In the result, the grounds of appeal raised by assessee are allowed

Bench: Shri Pawan Singh& Smt. Renu Jauhri

TDS and Self- assessment of tax in the books of accounts, it is evident that payment of taxes is close to the amountprovision of tax made in the books of accounts and accordingly, there is no revenue loss for the tax department; 3.2. The Learned PCIT has erred in issuing a notice under section 263 of the Act without

ACIT CIRCLE-2(1)(1), MUMBAI vs. M/S BOMBAY DYEING & MANUFACTURING CO. LTD. , MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44

ACIT CIRCLE-2(1)(1), MUMBAI vs. M/S BOMBAY DYEING & MANUFACTURING CO. LTD. , MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44

THE BOMBAY DYEING & MANUFACTURING COMPANY LTD.,,MUMBAI vs. DCIT, C--2(1), MUMBAI, MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44

THE BOMBAY DYEING & MANUFACTURING COMPANY LTD.,,MUMBAI vs. DCIT, C--2(1), MUMBAI, MUMBAI

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () - A.Y 2014-15 - A.Y 2015-16 Asst. Commissioner Of M/S Bombay Dyeing & Income-Tax 2(1)(1), Mumbai, Manufacturing Co. Ltd Room No.561, 5Th Floor, Vs. Neville House, Jn Herdia Aayakar Bhavan, M.K. Road, Marg, Ballard Estate, Mumbai-400 020 Mumbai-400 001 Pan No. Aaact 2328 K Appellant Respondent - A.Y 2014-15 - A.Y 2015-16 M/S Bombay Dyeing & Dy. Commissioner Of Income- Manufacturing Co. Ltd Tax 2(1), Mumbai, Room Neville House, Jn Herdia No.561, 5Th Floor, Aayakar Vs Marg, Ballard Estate, Bhavan, M.K. Road, Mumbai- Mumbai-400 001 400 020 Pan No. Aaact 2328 K Appellant Respondent

section 14A of the Act read with Rule 8D of the Income 1962 ("the Rules"). M/s Bombay Dyeing & Manufacturing Co. Ltd. M/s Bombay Dyeing & Manufacturing Co. Ltd. ITA Nos. 4484, 4485, 4291 & 4293/M/2019 GROUND NO. 3 - SHORT CREDIT OF TDS; Rs. 1,44

EXPRESS GLOBAL LOGISTICS P.LTD,MUMBAI vs. ASST CIT 2(1)(2), MUMBAI

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

Bench: Shri Saktijit Dey & Shri Ramit Kochar

44,765/-, which the AO has granted. Two parties namely M/s Elecon Engineering Co. Pvt. Ltd. and Prayas Engineering Ltd. had deducted TDS in the case of the appellant has deducted tax of Rs. 9,67,878/- and Rs. 25,677/- respectively and paid to the Govt Account on 31.03.2010. This amount of TDS which was deducted by the above

DCIT 4(3)(2), MUMBAI vs. WEATHERFORD DRILLING INTERNATIONAL (BVI) LTD, MUMBAI

The appeals are dismissed

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3724/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Dcit(It) 4(3)(2) M/S. Weatherford Room No. 1728 Drilling International 17Th Floor, (Bvi) Ltd., V. Air India Building Unit 71 & 74, 7 Th Floor, Nariman Point Kalpataru Square, Mumbai 400021 Kondivita Lane, Andheri (E), Mumbai 400059 स्थायी ऱेखा सं./ Pan : Aaacw7377F (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. C.S Sharma, Dr Assessee By : Shri. Kishan Kumar Mundhra सुनवाई की तारीख /Date Of Hearing : 18.09.2018 घोषणा की तारीख /Date Of Pronouncement : 18.09.2018 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 3724/Mum/2017, Is Directed Against Appellate Order Dated 23.02.2017 Passed By Learned Commissioner Of Income Tax (Appeals)-58, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 15.05.2013 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 144C(3) R.W.S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2010-11. I.T.A. No.3724/Mum/2017

44 BB (1). The service tax is not an amount paid or payable, or received or deemed to be received by the Assessee for the services rendered by it. The Assessee is only collecting the service tax for passing it on to the government. 18. The Court further notes that the position has been made explicit by the CBDT itself

A.C.I.T. (TDS)-1, MUMBAI vs. B4U BROADBANK INDIA PVT. LTD, MUMBAI

In the result appeals of the revenue as well as the cross objections of the assessee are dismissed

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.5664/Mum/2012 & 5665/M/2012 (निर्धारण वर्ा / Assessment Year: 2010-11 & 2011-12) Acit (Tds)-1(1), Room बिधम/ M/S. B4U Broadband India No. 804, K.G. Mittal Pvt Ltd. 45, Marol Vs. Hospital Bldg, Charni Road, Cooperative Industrial Estate Mumbai-2. Ltd. Andheri Kurla Road, Andheri (E) Mumbai- 400009. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb5210F (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Suman Kumar Assessee By: Shri Vijay Mehta सुनवाई की तारीख / Date Of Hearing: 09.07.2018 घोषणा की तारीख /Date Of Pronouncement: 25.07.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 29.06.2012 Passed By The Commissioner Of Income Tax (Appeals), Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11. 2. The Revenue Has Raised The Following Grounds: -

TDS under section 194J of the Act @ 10%. Accordingly, he computed short deduction of tax under section 201 (1) of the Act amounting to Rs 3,76,44

CITIZENCREDIT CO OPERATIVE BANK LIMITED (KULA BRANCH),MUMBAI vs. ITO (TDS) WARD 1(1)(4), MUMBAI

In the result, the appeal of the assessee is partly allowed for statistical\npurposes

44,035/- and the interest u/s 201(1A) of the Act was\nRs.3,77,403/-. He directed the assessee to pay the aforesaid amounts totaling to\nRs.8,21,465/-. He also intimated the Addl. CIT(TDS) to consider imposing penalty\nu/s 271C of the Act for failure to deduct/pay tax.\n4.\nAggrieved by the order of AO, the assessee filed

CITIZENCREDIT CO-OPERATIVE BANK LIMITED (HILL ROAD BRANCH),MUMBAI vs. ITO (TDS)-WARD 1(1)(4), MUMBAI

In the result, the appeal of the assessee is partly allowed for statistical\npurposes

44,035/- and the interest u/s 201(1A) of the Act was\nRs.3,77,403/-. He directed the assessee to pay the aforesaid amounts totaling to\nRs.8,21,465/-. He also intimated the Addl. CIT(TDS) to consider imposing penalty\nu/s 271C of the Act for failure to deduct/pay tax.\n4.\nAggrieved by the order of AO, the assessee filed

CITIZENCREDIT CO OPERATIVE BANK LIMITED (AMBOLI BRANCH),MUMBAI vs. ITO(TDS) 1(1)(4), MUMBAI

In the result, the appeal of the assessee is partly allowed for statistical\npurposes

44,035/- and the interest u/s 201(1A) of the Act was\nRs.3,77,403/-. He directed the assessee to pay the aforesaid amounts totaling to\nRs.8,21,465/-. He also intimated the Addl. CIT(TDS) to consider imposing penalty\nu/s 271C of the Act for failure to deduct/pay tax.\n4.\nAggrieved by the order of AO, the assessee filed

HELIX ENERGY SOLUTIONS GROUP INC,NEW DELHI vs. ADDL DIT (IT) RG 3, MUMBAI

In the result, both the appeals filed by the assessee are allowed

Bench: Shri B.R.Baskaran & Shri Pawan Singh

44 BB (1). The service tax is not an amount paid or payable, or received or deemed to be received by the Assessee for the services rendered by it. The Assessee is only collecting the service tax for passing it on to the government. 18. The Court further notes that the position has been made explicit by the CBDT itself

M/S CEAT LTD,MUMBAI vs. INCOME TAX OFFICER OSD TDS CIRCLE 1(1), MUMBAI

section 194H of the Act, instead of\ndeduction made @2% u/s 194C of the Act, with respect to the following\n“commission payment” made to CFA agent”.\nFinancial Total Commission paid to | Total commission paid to\nYear\nCFA for OE sales\nCFA for MR sales\n2016-17 Rs.5,44,56,532/-\nRs.24,05,66,619/-\n5. The Assessee vide letters

JAWAHAR B. PUROHIT,MUMBAI vs. ASST CIT CEN CIR 22XC, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

TDS under various provisions of section by invoking provisions of section 40a(ia) of the Act or 40(b) or 40A(3) of the Act. 28. We have heard the rival contentions and gone through the facts and circumstances of the case. We find that the above disallowances are not based on any evidence i.e. the incriminating material found during

JAWAHAR B. PUROHIT,MUMBAI vs. ASST CIT CEN CIR 22XC, MUMBAI

In the result, in the case of M

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

TDS under various provisions of section by invoking provisions of section 40a(ia) of the Act or 40(b) or 40A(3) of the Act. 28. We have heard the rival contentions and gone through the facts and circumstances of the case. We find that the above disallowances are not based on any evidence i.e. the incriminating material found during