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4 results for “disallowance”+ Section 192clear

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Key Topics

Section 10(5)15Section 20113Section 201(1)10TDS4Section 133A3Exemption3Survey u/s 133A3

M/S SHREE BALAJI CONCEPTS,MARGAO vs. INCOME TAX OFFICER (INTERNATIONAL TXATION), WARD -1, PANAJI

The appeal of the assessee is allowed in the terms indicated as above

ITA 73/PAN/2018[2012-13]Status: DisposedITAT Panaji13 May 2022AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No. 73/Pan/2018 Assessment Year: 2012-13

For Appellant: Shri M. R. Hegde, CA &For Respondent: Smt. Rijula Uniyal, Sr. DR
Section 156Section 191Section 195Section 201Section 201(1)Section 205

192, being an employer, does not deduct, or does not pay, or after so deducting fails to pay, the whole or any part of the tax, as required by or under this Act, then, such person, shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of such

STATE BANK OF INDIA,BELGAUM vs. ITO, (TDS), BELGAUM

In the result, all these appeals of the assessee are dismissed

ITA 32/PAN/2018[2012-13]Status: DisposedITAT Panaji31 Mar 2022AY 2012-13

Bench: Dr. M. L. Meena & Shri Anikesh Banerjeei.T.A. No. 32 To 34/Pan/2018 Assessment Years: 2012-13 To 2014-15 State Bank Of India Vs. Income Tax Officer (Tds) Regional Branch Office Belgaum Goaves, Hindwadi Belgaum – 590 011 [Aaacs8577K] (Appellant) (Respondent) Appellant By None Respondent By Smt. Rijula Uniyal, Sr. D/R Date Of Hearing 28.03.2022 Date Of Pronouncement 31.03.2022 Order Per Bench: These Captioned Appeals Are Filed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Belagavi, [Hereinafter The “Ld. Cit(A)] Even Dt. 08/11/2017, For The Assessment Years 2012-13, 2013-14 & 2014-15, Challenging The Non-Compliance Of Provisions U/S 201(1)/(1A) Of The Income Tax Act, 1961 [Hereinafter “The Act’]. 2. Facts In Brief Are That The Appellant/Assessee State Bank Of India, Regional Business Office Is A Banking Company Engaged In The Business Of Banking. A Survey U/S 133A Of The Act Was Conducted At The Bank Premises To Verify Compliance With Tds/Tcs Provisions. The Ito Held That The Assessee Has Failed To Deduct Tax At Source On The Reimbursement Made Against Foreign Ltc To The Officers Of The Bank & Accordingly He Applied The Provisions Of Section 201(1) & 201(1A) Of The Act Treating The Assessee In Default U/S 201(1) & Charged Interest U/S 201(1A) Of The Act. In Respect Of The Assessment Year 2012-13, 2013-14 & 2014-15. 2.1. Aggrieved The Assessee Preferred An Appeal Before The Ld. Cit(A) Who Has Confirmed The Finding Of The Ao By Observing As Under:-

Section 10(5)Section 133ASection 201Section 201(1)

disallowing exemption u/s 10(5) of the Act in respect of reimbursement of LTC/LFC claims of its employees. 8. The issue has been dealt at length by the ld. CIT(A) with the support of various judicial precedents of different Courts & Tribunals (supra). The ITAT Chandigarh Bench in the case of Sh. Om Prakash Gupta vs. ITO (supra) and ITAT

STATE BANK OF INDIA,BELGAUM vs. ITO, (TDS), BELGAUM

In the result, all these appeals of the assessee are dismissed

ITA 33/PAN/2018[2013-14]Status: DisposedITAT Panaji31 Mar 2022AY 2013-14

Bench: Dr. M. L. Meena & Shri Anikesh Banerjeei.T.A. No. 32 To 34/Pan/2018 Assessment Years: 2012-13 To 2014-15 State Bank Of India Vs. Income Tax Officer (Tds) Regional Branch Office Belgaum Goaves, Hindwadi Belgaum – 590 011 [Aaacs8577K] (Appellant) (Respondent) Appellant By None Respondent By Smt. Rijula Uniyal, Sr. D/R Date Of Hearing 28.03.2022 Date Of Pronouncement 31.03.2022 Order Per Bench: These Captioned Appeals Are Filed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Belagavi, [Hereinafter The “Ld. Cit(A)] Even Dt. 08/11/2017, For The Assessment Years 2012-13, 2013-14 & 2014-15, Challenging The Non-Compliance Of Provisions U/S 201(1)/(1A) Of The Income Tax Act, 1961 [Hereinafter “The Act’]. 2. Facts In Brief Are That The Appellant/Assessee State Bank Of India, Regional Business Office Is A Banking Company Engaged In The Business Of Banking. A Survey U/S 133A Of The Act Was Conducted At The Bank Premises To Verify Compliance With Tds/Tcs Provisions. The Ito Held That The Assessee Has Failed To Deduct Tax At Source On The Reimbursement Made Against Foreign Ltc To The Officers Of The Bank & Accordingly He Applied The Provisions Of Section 201(1) & 201(1A) Of The Act Treating The Assessee In Default U/S 201(1) & Charged Interest U/S 201(1A) Of The Act. In Respect Of The Assessment Year 2012-13, 2013-14 & 2014-15. 2.1. Aggrieved The Assessee Preferred An Appeal Before The Ld. Cit(A) Who Has Confirmed The Finding Of The Ao By Observing As Under:-

Section 10(5)Section 133ASection 201Section 201(1)

disallowing exemption u/s 10(5) of the Act in respect of reimbursement of LTC/LFC claims of its employees. 8. The issue has been dealt at length by the ld. CIT(A) with the support of various judicial precedents of different Courts & Tribunals (supra). The ITAT Chandigarh Bench in the case of Sh. Om Prakash Gupta vs. ITO (supra) and ITAT

STATE BANK OF INDIA,BELGAUM vs. ITO, (TDS), BELGAUM

In the result, all these appeals of the assessee are dismissed

ITA 34/PAN/2018[2014-15]Status: DisposedITAT Panaji31 Mar 2022AY 2014-15

Bench: Dr. M. L. Meena & Shri Anikesh Banerjeei.T.A. No. 32 To 34/Pan/2018 Assessment Years: 2012-13 To 2014-15 State Bank Of India Vs. Income Tax Officer (Tds) Regional Branch Office Belgaum Goaves, Hindwadi Belgaum – 590 011 [Aaacs8577K] (Appellant) (Respondent) Appellant By None Respondent By Smt. Rijula Uniyal, Sr. D/R Date Of Hearing 28.03.2022 Date Of Pronouncement 31.03.2022 Order Per Bench: These Captioned Appeals Are Filed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Belagavi, [Hereinafter The “Ld. Cit(A)] Even Dt. 08/11/2017, For The Assessment Years 2012-13, 2013-14 & 2014-15, Challenging The Non-Compliance Of Provisions U/S 201(1)/(1A) Of The Income Tax Act, 1961 [Hereinafter “The Act’]. 2. Facts In Brief Are That The Appellant/Assessee State Bank Of India, Regional Business Office Is A Banking Company Engaged In The Business Of Banking. A Survey U/S 133A Of The Act Was Conducted At The Bank Premises To Verify Compliance With Tds/Tcs Provisions. The Ito Held That The Assessee Has Failed To Deduct Tax At Source On The Reimbursement Made Against Foreign Ltc To The Officers Of The Bank & Accordingly He Applied The Provisions Of Section 201(1) & 201(1A) Of The Act Treating The Assessee In Default U/S 201(1) & Charged Interest U/S 201(1A) Of The Act. In Respect Of The Assessment Year 2012-13, 2013-14 & 2014-15. 2.1. Aggrieved The Assessee Preferred An Appeal Before The Ld. Cit(A) Who Has Confirmed The Finding Of The Ao By Observing As Under:-

Section 10(5)Section 133ASection 201Section 201(1)

disallowing exemption u/s 10(5) of the Act in respect of reimbursement of LTC/LFC claims of its employees. 8. The issue has been dealt at length by the ld. CIT(A) with the support of various judicial precedents of different Courts & Tribunals (supra). The ITAT Chandigarh Bench in the case of Sh. Om Prakash Gupta vs. ITO (supra) and ITAT