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9 results for “TDS”+ Section 9(1)(vi)clear

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Key Topics

Section 201(1)9Section 408Deduction7TDS6Disallowance6Section 80P5Section 9(1)(vii)4Section 2514Addition to Income4Business Income

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)

TDS does not arise. The assessee had made payment of destination sampling charges to non- resident service providers for the services rendered by them outside India, which were utilized by the assessee-company for the purpose of earning income from the source outside India. Therefore, the assessee had submitted that services were rendered outside India and in fact the services

4
Section 143(3)3
Section 2013

ACIT, CENTRAL CIRCLE, PANAJI vs. M/S SOCIADADE DE FOMENTO INDUSTRIAL P. LTD, MARGAO

In the result, the appeal of the assessee is partly allowed and that of the Revenue is dismissed

ITA 116/PAN/2018[2010-11]Status: DisposedITAT Panaji12 Sept 2022AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawal

For Appellant: Sh. Nishant Thakkar, AdvocateFor Respondent: Sh. Ranjan Kumar, CIT-DR
Section 143(1)Section 143(2)Section 14A

vi) or clause (vii) of section 9(1), and shall be included in his total income, whether or not (a) the non-resident has a residence or place of business or business connection in India; or (b) the non-resident has rendered services in India. It is thus no longer necessary that, in order to attract taxability in India

SOCIEADADE DE FOMENTO INDL. PVT. LTD.,MARGAO vs. JOINT COMMISSIONER OF INCOME TAX, MARGAO RANGE, MARGAO

In the result, the appeal of the assessee is partly allowed and that of the Revenue is dismissed

ITA 105/PAN/2018[2010-11]Status: DisposedITAT Panaji12 Sept 2022AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawal

For Appellant: Sh. Nishant Thakkar, AdvocateFor Respondent: Sh. Ranjan Kumar, CIT-DR
Section 143(1)Section 143(2)Section 14A

vi) or clause (vii) of section 9(1), and shall be included in his total income, whether or not (a) the non-resident has a residence or place of business or business connection in India; or (b) the non-resident has rendered services in India. It is thus no longer necessary that, in order to attract taxability in India

CANARA BANK, PANAJI BRANCH,PANAJI vs. ASSISTANT COMMISSIONER OF INCOME TAX, TDS, CIRCLE, PANAJI

Appeals are dismissed as withdrawn and Revenue’s appeal is dismissed

ITA 53/PAN/2019[2011-12]Status: DisposedITAT Panaji13 Jul 2023AY 2011-12

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

For Appellant: Shri S. Ananthan And MS. Lalitha RameswaranFor Respondent: Shri N. Shrikanth
Section 194ASection 197ASection 201Section 201(1)

section 194A has made it clear that where the payment of interest exceeding Rs.10,000/- during the particular F.Y., TDS at the rate of 10% has to be deducted by the deductor and the same has to be remitted to the Central Government Account within the stipulated period mentioned as per the Income Tax Act 1961. vi. The ld.CIT

CANARA BANK,MARGAO vs. ASSISTANT COMMISSIONER OF INCOME TAX, TDS, CIRCLE, PANAJI

Appeals are dismissed as withdrawn and Revenue’s appeal is dismissed

ITA 54/PAN/2019[2011-12]Status: DisposedITAT Panaji13 Jul 2023AY 2011-12

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

For Appellant: Shri S. Ananthan And MS. Lalitha RameswaranFor Respondent: Shri N. Shrikanth
Section 194ASection 197ASection 201Section 201(1)

section 194A has made it clear that where the payment of interest exceeding Rs.10,000/- during the particular F.Y., TDS at the rate of 10% has to be deducted by the deductor and the same has to be remitted to the Central Government Account within the stipulated period mentioned as per the Income Tax Act 1961. vi. The ld.CIT

ASSISTANT COMMISSIONER OF INCOME TAX, TDS, CIRCLE, PANAJI vs. CANARA BANK, MARGAO

Appeals are dismissed as withdrawn and Revenue’s appeal is dismissed

ITA 77/PAN/2019[2011-12]Status: DisposedITAT Panaji13 Jul 2023AY 2011-12

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

For Appellant: Shri S. Ananthan And MS. Lalitha RameswaranFor Respondent: Shri N. Shrikanth
Section 194ASection 197ASection 201Section 201(1)

section 194A has made it clear that where the payment of interest exceeding Rs.10,000/- during the particular F.Y., TDS at the rate of 10% has to be deducted by the deductor and the same has to be remitted to the Central Government Account within the stipulated period mentioned as per the Income Tax Act 1961. vi. The ld.CIT

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)

9 of the impugned order that "subject to the condition that the nominal members criteria be fulfilled i.e. the appellant should not have nominal members. Accordingly, as a result of verification by the AO, if the society is found to be a co-operative bank, then the provisions of section 40(a)(ia) will apply and the claim of assessee

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)

9 of the impugned order that "subject to the condition that the 3 ITA.No.56/PAN./2019 nominal members criteria be fulfilled i.e. the appellant should not have nominal members. Accordingly, as a result of verification by the AO, if the society is found to be a co-operative bank, then the provisions of section 40(a)(ia) will apply

THE KERI URBAN CO-OP. CREDIT SOCIETY LTD.,KERI, GOA vs. THE INCOME TAX OFFICER, WARD-2(3), PANAJI

Appeal is allowed in above terms

ITA 140/PAN/2019[2015-16]Status: DisposedITAT Panaji19 Dec 2022AY 2015-16

Bench: Shri Satbeer Singh Godara

For Appellant: Shri S.J. KamatFor Respondent: Smt. Neelima Nadkarni, Sr.DR
Section 143(3)Section 40Section 80PSection 80P(2)(a)Section 80P(2)(d)

9-4-2019) decided the question of availability of deduction u/s 80P on interest income by noticing that the Pune Bench in an earlier case of Shri Laxmi Narayan Nagari Sahakari Pat Sanstha Maryadit Vs. ITO (ITA No.604/PN/2014, dated 19-8-2015) has allowed similar deduction. In the said case, the Tribunal discussed the contrary views expressed