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29 results for “TDS”+ Section 40A(2)(b)clear

Sorted by relevance

Mumbai465Delhi447Bangalore218Kolkata172Chennai162Jaipur48Hyderabad45Ahmedabad36Indore34Raipur30Pune29Visakhapatnam25Lucknow19Chandigarh18Cuttack13Jodhpur11Guwahati11Rajkot11Surat11Patna10Nagpur7Karnataka6Dehradun4Varanasi4Ranchi4Calcutta3Agra3Allahabad2Amritsar2Telangana1SC1Cochin1

Key Topics

Section 12A36Section 143(3)30Addition to Income25Section 10(20)24Section 1124Section 4019TDS19Section 26318Section 143(1)14Disallowance

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1154/MUM/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

Showing 1–20 of 29 · Page 1 of 2

14
Deduction8
Section 143(2)7

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 543/PUN/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1155/MUM/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 545/PUN/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 544/PUN/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1153/MUM/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

ADIENT INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal is allowed for statistical purposes

ITA 2986/PUN/2017[2013-14]Status: DisposedITAT Pune31 May 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 Adient India Private Limited Vs. Dcit, Plot No.1, S No.235 & 245, Circle-1(1), Pune Hinjewadi, Tal-Mulshi, Pune - 411057 Pan : Aaact6342D Appellant Respondent Assessee By Shri Dhanesh Bafna Revenue By S/Shri Kalika Singh & Madhavan A.M. Krishnan Date Of Hearing 27-05-2021 Date Of Pronouncement 31-05-2021 आदेश / Order Per R.S.Syal, Vp : This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 27-10-2017 Passed By The Assessing Officer (Ao) U/S.143(3) Read With Section 144C(13) Of The Income-Tax Act, 1961 (Hereinafter Also Called ‗The Act‘) In Relation To The Assessment Year 2013-14. 2. The Only Issue Raised In This Appeal Is Against Transfer Pricing Addition Of Rs.5,95,39,429. Succinctly, The Factual Matrix Of The Case Is That The Assessee Was Earlier A 50:50 Joint

Section 143(3)Section 144C(13)

TDS certificates, case laws on admissibility of input service tax credit to the assessee, advance tax template, differential custom duty and case law under relevant tax provisions. From the above cumulative details of all the services running into more than 450 pages, it is more than evident that TACO provided specific and also exclusive services under the Agreement

BAJAJ FINANCE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE, PUNE

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

ITA 565/PUN/2024[2019-20]Status: DisposedITAT Pune29 Jan 2026AY 2019-20

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2019-20 Bajaj Finance Limited Pcit-3, Pune 3Rd Floor, Panchshil Tech Park, Vs. Viman Nagar, Pune – 411014 Pan: Aabcb1518L (Appellant) (Respondent) Assessee By : Shri Percy Pardiwalla Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 06-01-2026 Date Of Pronouncement : 29-01-2026

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar, CIT-DR
Section 143(3)Section 263Section 41Section 80J

TDS in Revised Return iii. High Creditors/liabilities iv. Reduction of Income in Revised Return & Claim of Refund v. Refund Claim vi. Unsecured Loans vii. Expenses Incurred for Earning Exempt Income viii. Taxability of business liability written off u/s 41 or any other section ix. Foreign Outward Remittance x. Capital Gains/Income on Sale of Property xi. Deduction from Total Income under

INCOME TAX OFFICER, WARD 5,SANGLI., SANGLI. vs. SHREE GANESH NAGARI SAHAKARI PAT SANSTHA MARYADIT, ASHTA,, ASHTA

In the result, the appeal filed by the Revenue is dismissed

ITA 2375/PUN/2025[2018-19]Status: DisposedITAT Pune06 Jan 2026AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2375/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-5, Sangli. Vs. Shree Ganesh Nagari Sahakari Pat Sanstha Maryadit, Ashta, Tal. Walwa, Dist. Sangli, Sangli- 416301. Pan : Aaaas8248R Appellant Respondent C. O. No.49/Pun/2025 (Arising Out Of Ita No.2375/Pun/2025) िनधा"रण वष" / Assessment Year : 2018-19 Shree Ganesh Nagari Vs. Ito, Ward-5, Sangli. Sahakari Pat Sanstha Maryadit, Ashta, Tal. Walwa, Dist. Sangli, Sangli- 416301. Pan : Aaaas8248R Appellant Respondent Revenue By : Shri Umesh Phade Assessee By : Shri Sarang Gudhate Date Of Hearing : 25.11.2025 Date Of Pronouncement : 06.01.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 05.08.2025 Passed By Ld. Cit(A)/Nfac For The Assessment

For Appellant: Shri Sarang GudhateFor Respondent: Shri Umesh Phade
Section 143(3)Section 28Section 36(1)(va)Section 80P(2)Section 80P(2)(d)

TDS under law, such disallowance would ultimately increase assessee's profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40 (a)(ia) of the Act would quality for deduction under section 80-18 of the Act. This view was taken by the courts in the following cases: 7 C.O. No.49/PUN/2025 • Income

SHARADA ELECTORS PRIVATE LIMITED,PUNE vs. PCIT, PUNE-3, PUNE

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

ITA 1432/PUN/2025[2020-21]Status: DisposedITAT Pune22 Sept 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amit Bobde
Section 142(1)Section 143(1)Section 143(2)Section 14ASection 263

2), the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 129 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded." 8. On a bare perusal of the sub section-1 would reveal that powers of revision granted

SUNAND CONSTRUCTIONS,PUNE vs. DCIT CENTRAL CIRCLE 2(2), PUNE, PUNE

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

ITA 783/PUN/2025[2014-15]Status: DisposedITAT Pune19 Aug 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Akhilesh Srivastva, Addl.CIT
Section 132

b) of explanation 2 to section 147 are applicable to facts of this case and the assessment year under consideration is deemed to be a case where income chargeable to tax has escaped assessment. In this case four years have lapsed from the end of the assessment year under consideration. Hence, necessary sanction to issue notice u/s 148 has been

SUNANDA CONSTRUCTIONS,PUNE vs. DCIT, CENTRAL CIRCLE 2(2), PUNE, PUNE

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

ITA 784/PUN/2025[2013-14]Status: DisposedITAT Pune19 Aug 2025AY 2013-14

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Akhilesh Srivastva, Addl.CIT
Section 132

b) of explanation 2 to section 147 are applicable to facts of this case and the assessment year under consideration is deemed to be a case where income chargeable to tax has escaped assessment. In this case four years have lapsed from the end of the assessment year under consideration. Hence, necessary sanction to issue notice u/s 148 has been

NIPRO INDIA CORPORATION P LTD ,SATARA vs. PR COMMISSIONER OF INCOME TAX -3, PUNE

In the result, the appeal of assessee is partly allowed

ITA 488/PUN/2020[2015-2016]Status: DisposedITAT Pune03 May 2023AY 2015-2016

Bench: Shri S.S. Viswanethra Ravi & Dr. Dipak P. Ripote

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Shishir Srivastava
Section 143(3)Section 263

40A(2)(b) of the Act. In reply to the said notice u/s. 142(1) of the Act, the assessee explained, vide submissions dated 05-01-2017, 08-05-2017, 10-07-2017, 02-08-2017 and 04-09-2017 which are placed at pages 533 to 546 of the paper Book-II. We find the details of rent expenses

M/S. H.H. ENGINEERS,,PUNE vs. ADDL. COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed

ITA 1054/PUN/2017[2007-08]Status: DisposedITAT Pune09 May 2022AY 2007-08

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri Pramod ShingteFor Respondent: Shri Piyushkumar Singh Yadav
Section 143(3)Section 40

section 40(b)(v) of the Act. Therefore, the order of CIT(A) is 4 ITA No.1054/PUN/2017, A.Y. 2007-08 not justified and the addition of difference (Rs.14,40,000/- - Rs.12,72,000/-) made on account of salary to an extent of Rs.1,68,000/- is deleted. Thus, the ground No. 1 raised by the assessee is allowed. 5. Ground

VIJAY VYANKATRAO MANE,SADASHIV PEATH vs. ADDITIONAL COMMISSIONER , ADDL/JCIT(A)- CHANDIGARH

In the result, the appeal filed by the assessee is dismissed

ITA 1845/PUN/2024[2015-2016]Status: DisposedITAT Pune01 Apr 2025AY 2015-2016

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2015-16

For Appellant: Shri Pramod S ShingteFor Respondent: Shri Arvind Desai
Section 143(1)Section 143(1)(a)

TDS compliance as per the provisions of section 40A(i)(a) of the Act and allow the claim of the assessee. There is nothing wrong in the above order of the Ld. Addl./JCIT(A) directing the AO to allow the claim of the assessee subject to verification of the compliance of section 40A

M/S. BAFNA BUILDERS & LAND DEVELOPERS,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

Appeal is partly allowed in above terms

ITA 185/PUN/2015[2010-11]Status: DisposedITAT Pune27 Apr 2022AY 2010-11

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripotem/S. Bafna Builders & Jcit, Range - 1 Land Developers Jalgaon 425001 "Nayantara", Subhash Chowk Vs. Jalgaon 425001 Pan – Aadfb4627P Appellant Respondent Appellant By: Shri Sunil Ganoo Respondent By: Shri S.P. Walimbe Date Of Hearing: 22.04.2022 Date Of Pronouncement: 27.04.2022 O R D E R Per S.S. Godara, Jm This Assessee’S Appeal For Ay 2010-11 Is Against The Order Of The Cit(A) 2, Nashik Dated 13.01.2015 Passed In Case No. Nsk/Cit(A)-2/4713-14 Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961 In Short “The Act”.

For Appellant: Shri Sunil GanooFor Respondent: Shri S.P. Walimbe
Section 143(3)

B-9 on the pretext of government officer on 23-12-2009 at the rate of Rs.1511/- for flat No. A-16 on the pretext of friend of manager. The concession of Rs.50/- to Rs.l00/- per square feet may only be treated as reasonable and not more than that. Hence keeping all these facts in view, it is absolutely clear

BANK OF MAHARASHRA,PUNE vs. THE PR. COMMISSIONER OF INCOME TAX, PUNE, PUNE

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

ITA 682/PUN/2024[2018-19]Status: DisposedITAT Pune30 Dec 2024AY 2018-19

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

For Appellant: Shri Ananthan and Mrs. Lalitha RameswaranFor Respondent: Shri Amol Khairnar, CIT-DR
Section 115JSection 142(1)Section 143(1)Section 143(2)Section 143(3)Section 154Section 36(1)(viia)Section 40A(7)

TDS & Disallowance for such Default vii. Refund Claim viii. Business Loss ix. ICDS Compliance and Adjustment x. Disallowance u/s 40A(7) (Gratuity provision) xi. Expenses incurred for Earning Exempt Income xii. Excess Contribution to Provident Fund, Superannuation Fund or Gratuity Fund xiii. Capital Gains/Income on Sale of Property xiv. Business Expenses 3. The Assessing Officer completed the assessment

DHAVAL VINOD GADA,PUNE vs. DCIT CIRCLE-5, PUNE

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

ITA 1817/PUN/2025[2013-14]Status: DisposedITAT Pune03 Dec 2025AY 2013-14

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2013-14 Dhaval Vinod Gada Dcit, Circle – 5, Pune 101, New Timber Market, Vs. Bhawani Peth, Pune – 411042 Pan: Anjpg4733A (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak Department By : Shri A D Kulkarni Date Of Hearing : 26-11-2025 Date Of Pronouncement : 03-12-2025 O R D E R Per R.K. Panda, Vp:

For Appellant: Shri Nikhil S PathakFor Respondent: Shri A D Kulkarni
Section 131Section 133(6)Section 142(1)Section 143(2)Section 271(1)(c)Section 40A(2)(b)Section 68

40A(2)(b) of the Act. The land was purchased from Smt. Nenshi L. Shah, Shri Lalji K. Shah, Shri Shantilal Shah, who are the vendors and are residing in Mumbai. The Assessing Officer issued a notice u/s 133(6) of the Act to Shri Manilal M. Gada on 02.03.2016 to submit copy of bank account and other details from

ACIT,CIRCLE-1,SOLAPUR, SOLAPUR vs. YUVRAJ PATIL AND COMPANY, TALSANGI

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 2803/PUN/2025[2023-24]Status: DisposedITAT Pune11 Mar 2026AY 2023-24

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2023-24 Acit, Circle – 1, Yuvraj Patil & Company Solapur Vs. Talsangi, Mangalwedha, Solapur – 413305 Pan: Aaafy4589Q (Appellant) (Respondent) Assessee By : Shri Sharad A Shah Department By : Shri Rajesh Gawali, Addl Cit Dr Date Of Hearing : 10-03-2026 Date Of Pronouncement : 11-03-2026

For Appellant: Shri Sharad A ShahFor Respondent: Shri Rajesh Gawali, Addl CIT DR
Section 139Section 142(1)Section 143(2)Section 143(3)Section 194Q

40a(ia) without giving opportunity to the AO to examine the 4 additional evidences and provide a rebuttal on the same as mandated by rule 46A(3) of the Income Tax Rules 1962. 2. Whether on the facts and circumstances of the case and in law, the CIT(A) has erred in disregarding the factual matrix of the case while

INCOME-TAX OFFICER, WARD - 6(3),, PUNE vs. SUBHASH & B.T. PATIL & SONS & N.V.KHAROTE CONSTRUCTIONS PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed

ITA 1060/PUN/2018[2014-15]Status: DisposedITAT Pune13 May 2022AY 2014-15
For Appellant: Shri Ulhas KiniFor Respondent: Shri Sardar Singh Meena, CIT
Section 143(1)Section 143(2)Section 194CSection 40

b) The liability of the execution of work lies with the assessee and the liability of execution of work by the partners is limited to the work allotted to them. (c) The contractual liability of the assessee firm with the Executive Engineers passed on to the partners in their individual capacity is limited to the work assigned to them. Thus