LATE SHRI JAYESH THAR,MUMBAI vs. INCOME TAX OFFICER TDS, WARD KALYAN , KALYAN

In the result, the appeal stands allowed to the extent indicated in the order

200A(1) dealing with levy and computation of late fees was introduced only w.e.f. 01/06/2015 and the same were to apply prospectively and hence, no late filing fees was applicable for any period prior to 01/06/2015. Reliance was placed on the decision of Hon’ble Karnataka High Court rendered in Fatehraj Singhvi V/s Union of India (73 Taxmann.com 252 26/08/2016

LATE JAYESH THAR,MUMBAI vs. INCOME TAX OFFICER TDS, WARD KALYAN, KALYAN

In the result, the appeal stands allowed to the extent indicated in the order

200A(1) dealing with levy and computation of late fees was introduced only w.e.f. 01/06/2015 and the same were to apply prospectively and hence, no late filing fees was applicable for any period prior to 01/06/2015. Reliance was placed on the decision of Hon’ble Karnataka High Court rendered in Fatehraj Singhvi V/s Union of India (73 Taxmann.com 252 26/08/2016

LATE JAYESH THAR ,MUMBAI vs. INCOME TAX OFFICER TDS, WARD KALYAN, KALYAN

In the result, the appeal stands allowed to the extent indicated in the order

200A(1) dealing with levy and computation of late fees was introduced only w.e.f. 01/06/2015 and the same were to apply prospectively and hence, no late filing fees was applicable for any period prior to 01/06/2015. Reliance was placed on the decision of Hon’ble Karnataka High Court rendered in Fatehraj Singhvi V/s Union of India (73 Taxmann.com 252 26/08/2016

NATIONAL LAMINATE CORPORATION,MUMBAI vs. CPC (TDS), MUMBAI

In the result, all the appeals of assessee are allowed

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

200A(1) dealing with levy and computation of late fees was introduced only w.e.f. 01/06/2015 and the same were to apply prospectively and hence, no late filing fees was applicable for any period prior to 01/06/2015. Reliance was placed on the decision of Hon’ble Karnataka High Court rendered in Fatehraj Singhvi V/s Union of India (73 Taxmann.com 252 26/08/2016

TATA EDUCATION TRUST ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX , MUMBAI

In the result, the appeal is allowed

charitable trust), but is not registered u/s 12A of the Income Tax Act, 1961 and hence the persons/individuals for whom the trust is created do not have any \"vested share\" in the income of the trust, therefore, the question of the share being indeterminate or unknown does not arise. The question is a logical one but this becomes a Trust

ROSE ROCK REAL ESTATE INDIA PVT.,MUMBAI vs. ITO (TDS) 2(1)(3), MUMBAI

In the result, these appeals are allowed

1) of Section 200A can be read as having prospective effect and not having retroactive character or effect. Resultantly, the demand under Section 200A for computation and intimation for the payment of fee under Section 23 4E could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year

MOHD. NAYEEM SIDDIQUI AKASH TIMBER TRADERS,THANE vs. DCIT (CPC), GHAZIABAD

In the result, all the appeals of assessee are allowed

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Charitable Trust. 2.3 On the other hand, the case of the revenue would derive strength from the contrary decision of Hon’ble Gujarat High Court rendered in Rajesh Kourani V/s Union of India (297 CTR 502 20/06/2017) wherein the Hon’ble court has declined to concur with the aforesaid adjudication of Hon’ble Karnataka High Court and upheld the levy

SILA SOLUTIONS PVT. LTD.,MUMBAI vs. ACIT (TDS)-CPC , GHAZIABAD & DCIT ,TDS CIRCLE - 2(2), MUMBAI

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

Bench: Shri Rajesh Kumar, Hon. & Shri Amarjit Singh, Hon.

1) of Section 200A can be read as having prospective effect and not having retroactive character or effect. Resultantly, the demand under Section 200Afor computation and intimation for the payment of fee under Section 234£ could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year prior

SILA SOLUTIONS PVT. LTD.,MUMBAI vs. ACIT (TDS)-CPC , GHAZIABAD & DCIT ,TDS CIRCLE - 2(2), MUMBAI

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

Bench: Shri Rajesh Kumar, Hon. & Shri Amarjit Singh, Hon.

1) of Section 200A can be read as having prospective effect and not having retroactive character or effect. Resultantly, the demand under Section 200Afor computation and intimation for the payment of fee under Section 234£ could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year prior

SILA SOLUTIONS PVT. LTD.,MUMBAI vs. ACIT (TDS)-CPC , GHAZIABAD & DCIT ,TDS CIRCLE - 2(2), MUMBAI

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

Bench: Shri Rajesh Kumar, Hon. & Shri Amarjit Singh, Hon.

1) of Section 200A can be read as having prospective effect and not having retroactive character or effect. Resultantly, the demand under Section 200Afor computation and intimation for the payment of fee under Section 234£ could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year prior

SILA SOLUTIONS PVT. LTD.,MUMBAI vs. ACIT (TDS)-CPC , GHAZIABAD & DCIT ,TDS CIRCLE - 2(2), MUMBAI

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

Bench: Shri Rajesh Kumar, Hon. & Shri Amarjit Singh, Hon.

1) of Section 200A can be read as having prospective effect and not having retroactive character or effect. Resultantly, the demand under Section 200Afor computation and intimation for the payment of fee under Section 234£ could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year prior

RECON DIES & TOOLS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX CPC-TDS, GHZIABAD

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

Bench: Shri Saktijit Dey & Shri G. Manjunatha

Charitable Trust vs DCIT(supra). The Ld.CIT(A) after considering relevant facts of the case and also, taken note of amended provisions of section 200A and by following the decision of Hon’ble Gujarat High court, in the case of Rajesh Kourani vs Union Of India (2017) reported 83 taxmann.com 137 held that the arguments of the assessee that late

M/S SETH HIRACHAND MUTHA SHAIKSHANIK TRUST ,KALYAN vs. ITO (TDS), KALYAN

In the result, appeal is allowed

Bench: Shri C.N. Prasad & Shri S. Rifaur Rahman

charitable trust runs its educational institution / school affiliated to CBSE Board. The assessee trust is also registered under the Bombay Public Trusts Act, 1950 and is also granted registration under section 12A of the Act. Since the said TDS return for Q1 (first quarter) for the assessment year 2015–16 was filed belatedly, therefore, the Assessing Officer processed the return