BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

31 results for “TDS”+ Section 40A(3)clear

Sorted by relevance

Delhi538Mumbai515Chennai267Bangalore233Kolkata186Jaipur54Hyderabad48Ahmedabad46Indore43Pune31Raipur28Visakhapatnam25Rajkot23Chandigarh21Lucknow19Cuttack15Patna14Jodhpur12Guwahati12Cochin11Nagpur10Surat9Karnataka7Agra5Ranchi4Dehradun4Varanasi4Calcutta3Jabalpur3Amritsar2SC1Telangana1Allahabad1

Key Topics

Section 12A36Section 143(3)33Addition to Income25Section 10(20)24Section 1124TDS22Section 4021Section 26319Disallowance15Section 143(1)

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)

Showing 1–20 of 31 · Page 1 of 2

14
Deduction11
Section 143(2)8

sections 32, 40(a )(ia), 40A(3), 43B etc., of the Act. At times disallowance out of specific expenditure claimed may also be made. The effect of such disallowances is an increase in the profits. Doubts have been raised as to whether such higher profits would also result in claim for a higher profit-linked deduction under Chapter

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)

40a(ia) of the Act will apply. Therefore, the addition is confirmed.” 12. Mr. Ganoo could hardly rebut the fact such a rent payment indeed attracts TDS deduction under Section 194(1)(a) of the Act regarding use of any machinery or plant or equipment; as the case may be. We thus find force in Revenue’s arguments having rejected

INCOME TAX OFFICER,WARD-7(1), PUNE, PUNE vs. HEMANT BAGAREDDY MOTADOO, PUNE

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

ITA 1897/PUN/2024[2013-14]Status: DisposedITAT Pune28 Jul 2025AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2013-14

For Appellant: S/Shri B C Malakar & Yuvraj ChavanFor Respondent: Shri Ramnath P Murkunde
Section 143(2)Section 201Section 40Section 40A(3)Section 68

TDS on the payment of security charges to M/s. Shani Security & Allied Services, the Assessing Officer disallowed further amount of Rs.1,15,275/-. 4. The Assessing Officer similarly made addition of Rs.26,38,500/- by invoking the provisions of section 40A(3

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

TOKAI SAHAKARI SAKHAR KARKHANA LTD,HINGOLI vs. INCOME TAX OFFICER, WARD-(1), JALNA, JALNA

Appeal is partly allowed in above terms

ITA 571/PUN/2023[2018-19]Status: DisposedITAT Pune16 Jan 2024AY 2018-19

Bench: Shri S.S.Godara & Shri G.D.Padmahshaliआयकर अपील सं. / Ita No.571/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Tokai Sahakari Sakhar Karkhana The Income Tax Officer, Ltd., Vs Ward-1, Jalna. Villag Kurunda, Taluka Basmath . District, Hingoli – 431512. Pan: Aaat6997Q Appellant / Assessee Respondent / Revenue Assessee By Shri Anand Partani – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 16/01/2024 Date Of Pronouncement 16/01/2024

Section 194ASection 250Section 270ASection 37(1)Section 40aSection 43B

3. On the basis of facts and circumstances of the case, the Ld CIT(A) has erred in disallowing interest expenses of Rs 16,05,090- u/s 40a(ia) of the Income Tax Act 1961 for non-deduction of TDS u s 194A( 1). The provisions of 194A( 1) are not applicable on interest paid to banks and therefore

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

3)(iii)(a) 6. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in invoking the provision of section 40(a)(ia) of the Income Tax Act, 1961 in as much as the payee has duly considered the said interest in its return

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

3)(iii)(a) 6. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in invoking the provision of section 40(a)(ia) of the Income Tax Act, 1961 in as much as the payee has duly considered the said interest in its return

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

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

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

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 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

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

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

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

SABLE YASHWANT LAXMAN,,KHOPOLI vs. DEPUTY COMMISSIONER OF INCOME-TAX, PANVEL CIRCLE,, PANVEL

Appeal is dismissed in above terms

ITA 1138/PUN/2018[2008-09]Status: DisposedITAT Pune18 Oct 2022AY 2008-09

Bench: Shri S.S. Godara & Shri G.D. Padmahshali

For Appellant: N O N EFor Respondent: Shri M.G. Jasnani
Section 143(3)Section 148Section 40A(3)

section 40A(3) disallowance of Rs.21,17,033/-, is found to be without any merit in the light of the CIT(A)’s detailed discussion in paragraph 6.1 that no such issue had arisen from the assessment order dated 25-03-2015. Rejected accordingly. 4. The very factual position continues for assessee’s third substantive ground regarding short credit

M/S. ORGANICA,NASHIK vs. PRINCIPAL COMMISSIONER OF INCOME TAX, NASHIK -1, NASHIK

In the result, Assessee’s appeal

ITA 465/PUN/2021[2016-17]Status: DisposedITAT Pune14 Dec 2022AY 2016-17

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

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Pankaj Kumar
Section 143(2)Section 143(3)Section 194CSection 263Section 80I

TDS on the balance amount of payments and nothing is on record to show that Ld. AO had made verification as per the provisions of section 194C of the Act. Accordingly the assessment order dated 11.09.2017 framed u/s 143(3) of the Act was held as erroneous and prejudicial to the interest of revenue and the same was set aside

SACHIN RAMDAS MOHITE,,SATARA vs. PR. COMMISSIONER OF INCOME-TAX-3,, PUNE

Appeal is allowed in above terms

ITA 395/PUN/2019[2013-14]Status: DisposedITAT Pune10 Oct 2022AY 2013-14

Bench: Shri S.S. Godara, Jm & Shri G.D. Padmahshali, Am

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Sardar Singh Meena
Section 263Section 37Section 40A(3)Section 69A

section 263 jurisdiction. This is what leaves the assessee aggrieved. 4. We have given our thoughtful consideration to the rival arguments and find no reason to affirm the PCIT’s following detailed discussion:- “3. I have carefully considered facts of the case as well as reply of the assessee reproduced as above. It is undisputed that there were huge cash

VATSALABAI KARBHARI DEORE,KALWAN vs. INCOME TAX OFFICER, WARD 1(5), NASHIK

In the result, the appeal filed by the assessee is allowed as per terms indicated above

ITA 2274/PUN/2025[2011 - 12]Status: DisposedITAT Pune20 Jan 2026

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2274/Pun/2025 Assessment Year : 2011-12

For Appellant: Shri Sanket JoshiFor Respondent: Smt. Sailee Dhole
Section 143(3)Section 147Section 148Section 40Section 68

section 40A(3) of the Act and unsecured loans taken from Akash Foods and Feeds for which Assessing Officer was satisfied with the reply filed by the assessee and re- assessment proceedings were concluded after making addition u/s.68 of the Act at ₹83,56,232 and disallowed u/s.40(a)(ia) of the Act at ₹1,36,378. Assessed income

SKYWARDS KANAKRAJ DEVELOPER ,PUNE vs. INCOME TAX OFFICER, WARD 3(1), PUNE, PUNE

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 725/PUN/2024[2018-19]Status: DisposedITAT Pune11 Jun 2024AY 2018-19

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.725/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Skywards Kanakraj Vs. Ito, Ward-3(1), Pune. Developer, Office No.704, Vb Capital, Range Hills Road, Opp. Symphony Restaurant Shivaji Nagar, Pune- 411007. Pan : Acafs3003P Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 31.05.2024 Date Of Pronouncement : 11.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.03.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Passing Ex-Parte Order & Erred In Not Deciding The Issue On The Merits Of The Case, This Action Is Being Violative Of Principal Of Natural Justice. Your Appellant Prays For Granting Opportunity Of Hearing Before Lower Authorities.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Sourabh Nayak
Section 115BSection 143(3)Section 40aSection 43B

TDS by disregarding a factual submission made by assesses therefore, entire disallowance is incorrect and needs to be struck down. 6. On the facts and circumstances of the case and in law Learned Assessing Officer erred in making an addition of Rs.2016900 being Addition under section 40a (ia) by disregarding a factual submission made by assesses therefore, entire disallowance