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16 results for “TDS”+ Section 40clear

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Key Topics

Section 4030Section 143(3)21Section 194C19Section 201(1)18Disallowance15TDS15Deduction14Addition to Income14Section 2515Section 9(1)(vii)

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. INCOME TAX OFFICER, WARD-1, BAGALKOT., BAGALKOT

Appeals are allowed for statistical purposes in above terms

ITA 157/PAN/2015[2011-12]Status: DisposedITAT Panaji13 Jul 2023AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

4
Section 80P4
Business Income3

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. INCOME TAX OFFICER, TDS WARD, BELGAUM., BELGAUM

Appeals are allowed for statistical purposes in above terms

ITA 161/PAN/2015[2012-13]Status: DisposedITAT Panaji13 Jul 2023AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. INCOME TAX OFFICER, TDS WARD, BELGAUM., BELGAUM

Appeals are allowed for statistical purposes in above terms

ITA 160/PAN/2015[2011-12]Status: DisposedITAT Panaji13 Jul 2023AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. INCOME TAX OFFICER, TDS WARD, BELGAUM., BELGAUM

Appeals are allowed for statistical purposes in above terms

ITA 159/PAN/2015[2010-11]Status: DisposedITAT Panaji13 Jul 2023AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. INCOME TAX OFFICER, TDS WARD, BELGAUM., BELGAUM

Appeals are allowed for statistical purposes in above terms

ITA 158/PAN/2015[2009-10]Status: DisposedITAT Panaji13 Jul 2023AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1. BIJAPUR., BIJAPUR

Appeals are allowed for statistical purposes in above terms

ITA 152/PAN/2015[2005-06]Status: DisposedITAT Panaji13 Jul 2023AY 2005-06

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1. BIJAPUR., BIJAPUR

Appeals are allowed for statistical purposes in above terms

ITA 153/PAN/2015[2006-07]Status: DisposedITAT Panaji13 Jul 2023AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1. BIJAPUR., BIJAPUR

Appeals are allowed for statistical purposes in above terms

ITA 154/PAN/2015[2008-09]Status: DisposedITAT Panaji13 Jul 2023AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

RYATAR SAHAKARI SAKKARE KARKHANE NIYAMIT.,HUBLI vs. INCOME TAX OFFICER, WARD-1, BAGALKOT., BAGALKOT

Appeals are allowed for statistical purposes in above terms

ITA 155/PAN/2015[2009-10]Status: DisposedITAT Panaji13 Jul 2023AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 194CSection 201(1)Section 40

Section 40(a)(ia) is applicable to the whole contract amount and not to the amount payable at the end of the year. 8. We have considered the submissions made by the learned counsel for the parties and have perused the records. 9. The relevant extract of the order passed by the Tribunal reads as under: “6. We have considered

MRS VINI P. KENI,PANAJI vs. INCOME TAX OFFICER, WARD - 1(3), PANAJI

In the result, the appeal filed by the assessee is partly allowed for statistical purpose

ITA 112/PAN/2022[2014-15]Status: DisposedITAT Panaji20 Mar 2025AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos. 112/Pan/2022 (A.Y. 2014-15 ) Vini Prasad Keni, Vs Ito-Ward-1(3), Keni Building, Aayakar Bhavan, . Dr.Dada Vaidhya Road, Panaji-403001, Panjim-403001, Goa. Goa. . Pan .No. Adppk9767N (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri D.E.Robinson.Ar Revenue By Sri Narender Reddy.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing 25.02.2025 घोषणा क" तार"ख/Date Of Pronouncement 20.03.2025 Order Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of Nfac/ Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. 2. At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay Of 13 Days In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed The Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & The Ld. Dr Has No Specific Objections. Accordingly, We Condone The Delay & Admit The Appeal. The Assessee Has Raised

Section 14ASection 194CSection 40

section 40(a)(ia) of the Act.(iii) the A.O found that the assesse has claimed social and welfare expenses under six categories of expenses aggregating to Rs.8,06,753/-and the assesse was called to substantiate that the expenses are incurred for business purpose. Whereas the A.O was not satisfied with the claims and observed that they

MAHALASA URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED ,PHONDA vs. INCOME TAX OFFICER, WARD - 2(3), PANAJI

Appeal is allowed in above terms

ITA 56/PAN/2019[2015-16]Status: DisposedITAT Panaji19 Jul 2023AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: -None-For Respondent: Shri N. Shrikanth
Section 143(3)Section 251Section 40Section 80PSection 80P(4)

section 40(a)(ia) will apply and the claim of assessee will fail. Alternatively, if it is found that the appellant is not having nominal members, then this ground will succeed. The AO may verify and give effect to the order accordingly.” while allowing the ground "additions made by learned AO u/s 40(a)(ia) of Rs.42

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), PANAJI vs. THE OLD GOA URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED, OLD GOA

Appeal is dismissed in above terms

ITA 175/PAN/2019[2016-17]Status: DisposedITAT Panaji24 Jul 2023AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: Shri Sham KamatFor Respondent: Shri N. Shrikanth
Section 143(3)Section 40Section 80PSection 80P(2)(a)

section 40(a)(ia) on interest paid to members. 3. Appellant craves leave to amend or alter any of the grounds of appeal or add to the same, if deemed necessary.” 3. Both the parties next invited our attention to the CIT(A)'s detailed discussion reversing the assessment findings invoking sec.40(a)(ia) disallowance of Rs.2

VIVIDHA URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED,SANKHLIM, BICHOLIM, GOA vs. INCOME TAX OFFICER, WARD-2(3), PANAJI

Appeal is allowed in above terms

ITA 55/PAN/2019[2014-15]Status: DisposedITAT Panaji19 Jul 2023AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: Shri Sham KamatFor Respondent: Shri Prabhakar Anand DJ
Section 143(3)Section 251Section 40Section 80PSection 80P(4)

section 40(a)(ia) will apply and the claim of assessee will fail. Alternatively, if it is found that the appellant is not having nominal members, then this ground will succeed. The AO may verify and give effect to the order accordingly.” while allowing ground-1. 3. In the facts and circumstances of the case, the Commissioner of Income

SRITHIK ISPAT PRIVATE LIMITED,GOA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1) PANAJI,GOA, PANAJI,GOA

The appeal is allowed for statistical purposes

ITA 48/PAN/2025[2016-17]Status: DisposedITAT Panaji31 Jul 2025AY 2016-17

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliassessment Year: 2016-17 Srithik Ispat Pvt. Ltd. Plot No. 3, Sanguem Industrial Estate, Sanguem, Goa-403704 Pan : Aaics1765P . . . . . . . Appellant V/S Asstt. Commissioner Of Income Tax, Circle-2(1), Panaji, Goa . . . . . . . Respondent Appearances Assessee By: Mrs Girija Agrawal [‘Ld. Ar’] Revenue By: Ms Rijjula Uniyal [‘Ld. Dr’] Date Of Conclusive Hearing: 30/07/2025 Date Of Pronouncement : 31/07/2025 Order Per G. D. Padmahshali; This Assessee’S Appeal Is Filed U/S 253(1) Of The Income-Tax Act, 1961 [‘The Act’] Challenges Din & Order No 1068425181(1) Dt. 06/09/2024 Passed By National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)/Nfac’] U/S 250 Of The Act Which Originated From Order Of Assessment Passed U/S 144 Of The Act By Asstt. Commissioner Of Income Tax, Circle-2(1), Panaji, Goa. [‘Ld. Ao’].

For Appellant: Mrs Girija Agrawal [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 143(2)Section 144Section 250Section 251Section 251(1)(a)Section 253(1)Section 40Section 68

40(a)(i) of the Act on account of failure to deduct TDS (2) ₹42,41,967- addition u/s 68 as unexplained cash credit upon assessee’s failure to substantiate closing cash balance (3) further addition of ₹98,54,509/- towards advances remained unexplained u/s 68 of the Act. Aggrieved by aforestated assessment the assessee filed an appeal before

TUMKUR MINERALS PVT. LTD,VASCO vs. JOINT COMMISSIONER OF INCOME TAX, MARGAO RANGE, MARGAO

In the result, appeal of the assessee is allowed

ITA 401/PAN/2018[2011-12]Status: DisposedITAT Panaji20 Sept 2023AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury(Through Virtual Hearing)

For Appellant: Shri P.J. Pardiwalla, AdvFor Respondent: Smt. Ashwini Hosmani, Sr.DR
Section 195Section 40Section 5Section 9(1)(vii)

40(a). The assessee company submitted that the payments were made for the services rendered outside India. The above income is neither received nor deemed to have been received in India nor accrues or arises in India. Hence, it falls outside the purview of sec.5 of the Act. The assessee also stated that its case is covered within the purview

M/S R. S. SHETYE & BROS,PANAJI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1), PANAJI

In the result, the appeal filed by the assessee is partly allowed

ITA 37/PAN/2023[2016-17]Status: DisposedITAT Panaji27 Feb 2026AY 2016-17

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.37/Pan/2023 (A.Y.2016-17) R.S.Shetye & Bros, Vs Acit 1(1), Flat.No.14, 1 St Floor, Aaykar Bhavan, . Trionara Apartments, Edc, Patto, New Muncipal Market, Panjim Panaji- Goa-403001. Goa-403001. Pan .No.Aabfr9785N (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

Section 3

section 37 of the Act which is applicable to the CSR in the case of the companies. Further the assessing officer has not doubted the genuineness of the expenditure but treated the same as not incidental to the business and made disallowance. The Ld.AR highlighted the ledger account copies of expenditure and TDS was deducted on the contractor payments