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61 results for “disallowance”+ Section 194A(1)clear

Sorted by relevance

Mumbai242Delhi158Bangalore140Kolkata89Chennai75Ahmedabad68Pune61Hyderabad51Chandigarh47Cochin47Visakhapatnam39Cuttack35Jaipur34Rajkot23Raipur22Surat19Jodhpur12Guwahati12Nagpur12Amritsar10Panaji5Ranchi4Allahabad4Indore4Karnataka3Lucknow3SC2Patna2Jabalpur1

Key Topics

Section 40109Section 194A44Addition to Income44TDS42Disallowance35Deduction35Section 80P34Section 80P(2)(d)31Section 80P(2)(a)30Section 143(3)

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, INCOME TAX DEPARTMENT vs. MANORAMA COOP BANK LTD, SOLAPUR

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

ITA 2157/PUN/2024[2013-14]Status: DisposedITAT Pune22 Apr 2025AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2157/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Acit, Cricle-2, Solapur. Vs. Manorama Co-Op. Bank Ltd., Plot 4, 5, 6 Vijapur Road, Indiranagar S.O., Maharashtra- 413004. Pan : Aajfm6823C Appellant Respondent Revenue By : Ms. Shilpa N. C. Assessee By : Shri Pramod S. Shingte Date Of Hearing : 22.01.2025 Date Of Pronouncement : 22.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 15.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1) The Ld Cit(A), Nfac Has Erred In Admitting This Exemption U/S 194A (3)(V) To The Assessee For Non-Deduction Of Tds On Interest Credits Of Nominal Members Who Are Not Actual Member As Per Definition Of Person Who Is Eligible For Membership As Per Clause

For Appellant: Shri Pramod S. ShingteFor Respondent: Ms. Shilpa N. C
Section 143(2)Section 143(3)Section 147Section 148Section 194A

Showing 1–20 of 61 · Page 1 of 4

29
Section 14826
Section 26316
Section 194A(3)(v)
Section 40

disallowance is that the HUFs and Unregistered firms could not have been legally inducted as “Members” within the definition of the term `Person’ as given in the bye-laws of the assessee bank and hence, payment of interest to them was liable for deduction of tax at source u/s.194A of the Act. 5. Section 194A of the Act deals with

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)

194A of the Act. disallowance is required to be made as per section 40(a)(ia) of the Act. Therefore, the assessing Officer is directed to allow the interest expenditure after making verification of applicability of TDS provisions on interest and after making disallowance under section 40(a)(ia) of the Act, if required. Accordingly, the Ground

M/S. NASHIK DISTRICT INDUSTRAIL & MERCANTILE CO-OP. BANK LTD.,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, appeal of assessee is allowed

ITA 1967/PUN/2016[2012-13]Status: DisposedITAT Pune25 Sept 2018AY 2012-13

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1967/Pun/2016 यििाारण वषा / Assessment Year : 2012-13 M/S. Nashik District Industrial & Mercantile Co-Op. Bank Ltd., 1, Shivkamal Appt., Canada Corner, अऩीऱाथी/Appellant Nashik – 422005 …. Pan: Aaaan1531A Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 1(2), Nashik

For Appellant: Shri Sanket JoshiFor Respondent: Shri Pankaj Garg
Section 143(3)Section 194ASection 194A(1)Section 194A(3)(v)Section 40

1] The learned CIT(A) erred in holding that the assessee co-op, bank was liable to deduct TDS u/s 194A on the interest paid on term deposits to its members and thereby confirming the disallowance u/s 40(a)(ia) without appreciating that the said disallowance was justified. 2] The learned CIT(A) failed to appreciate that

DEPUTY COMMISSIONER OF INCOME-TAX vs. BAJAJ FINANCE LTD., (FORMERLY: BAJAJ AUTO FINANCE LTD.,),, PUNE

In the result, appeal of Revenue and Cross Objections of assessee are dismissed

ITA 356/PUN/2016[2009-10]Status: DisposedITAT Pune27 Apr 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.356/Pun/2016 यििाारण वषा / Assessment Year : 2009-10

For Appellant: Shri Kirit Kamdar
Section 201Section 271C

1) on the reason that assessee should have deducted the tax. If the order of AO were to be accepted then disallowance under section 40(a)(i) and 40(a)(ia) cannot be made and provisions to that extent may become otiose. In view of the actual disallowance under section 40(a)(i) by assessee having been accepted

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

194A(1) are not applicable on interest paid to banks and therefore the disallowance is bad in law and liable to be deleted. 6. On the basis of facts and circumstances of the case, the Ld CIT(A) has erred in disallowing interest expenses paid on late filing of EPF and GST returns of Rs 80,007/-on the basis

KUDALE AGRO FOODS,PUNE vs. INCOME TAX OFFICER, CIRCLE-14, PUNE, PUNE

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 1619/PUN/2024[2017-18]Status: DisposedITAT Pune07 Feb 2025AY 2017-18

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

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 143(3)Section 197Section 201(1)Section 40

194A is further qualified by the provisions of section 197A( 1 A) wherein if a person furnishes a declaration in writing in prescribed Form and verified in the prescribed manner to the effect that tax on his estimated total income is to be included in computing his total income will be nil there is no need to deduct

ANJALI PUSHKAR HINGANE,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(3),, NASHIK

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 2837/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2018AY 2012-13

Bench: Shri D. Karunakara Rao, Am आयकरअपीलसं. / Ita No.2837/Pun/2017 "नधा"रणवष"/ Assessment Year : 2012-13 Anjali Pushkar Hingane, Prop. M/S Areen Petroleum Services, Saikheda Phata, At Post Chandori, Taluka- Niphad, Dist. Nashik. अपीलाथ"/Appellant Pan : Abiph8603F …. Vs. Ito, Ward- 1(3), …. ""यथ"/ Respondent Nashik.

For Appellant: Shri Sanket JoshiFor Respondent: Shri Rajesh Gawli
Section 194A

1] The learned CIT(A) erred in confirming the disallowance u/s 40(a)(ia) of Rs.5,80,108/- made by the A.O. in respect of interest payment made to M/s. The Sanjivani Gramin Biger Sheti Patsanstha without appreciating that the assessee was not required to deduct TDS in respect of the said payment as per the provisions of section 194A

SAMARTH SAHAKARI BANK LTD,SOLAPUR vs. ASST . COMMISSIONER OF INCOME TAX , CIRCLE -2 , SOLAPUR, SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 519/PUN/2020[2011-2012]Status: DisposedITAT Pune18 Jul 2022AY 2011-2012

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

SOLAPUR SIDDESHWAR SAHAKARI BANK ,SOLAPUR vs. ASST . COMMISSIONER OF INCOME TAX , CIRCLE -2, SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 516/PUN/2020[2011-2012]Status: DisposedITAT Pune18 Jul 2022AY 2011-2012

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

VYAPARI SAHAKARI BANK MARYADIT,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2, SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 521/PUN/2020[2013-14]Status: DisposedITAT Pune18 Jul 2022AY 2013-14

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

SOLAPUR JANATA SAHAKARI BANK LTD,PUNE vs. ACIT., CIR-2, SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 24/PUN/2021[2011-12]Status: DisposedITAT Pune18 Jul 2022AY 2011-12

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

MANDHESHWARI URBAN DEVELOPMENT CO-OP BANK LTD,,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -1,, SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 1153/PUN/2018[2013-14]Status: DisposedITAT Pune18 Jul 2022AY 2013-14

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

VYAPARI SAHAKARI BANK MARYADIT,SOLAPUR vs. INCOME-TAX OFFICER, WARD 2(4), SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 520/PUN/2020[2012-13]Status: DisposedITAT Pune18 Jul 2022AY 2012-13

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

SOLAPUR JANATA SAHAKARI BANK LTD.,,PUNE vs. INCOME-TAX OFFICER WARD - 2(4), SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 25/PUN/2021[2012-13]Status: DisposedITAT Pune18 Jul 2022AY 2012-13

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

SAMARTH SAHAKARI BANK LTD ,SOLAPUR vs. ASST . COMMISSIONER OF INCOME TAX , CIRCLE - 2 , SOLAPUR, SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 518/PUN/2020[2010-2011]Status: DisposedITAT Pune18 Jul 2022AY 2010-2011

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

SOLAPUR SIDDESHWAR SAHAKARI BANK LTD ,SOLAPUR vs. ASST . COMMISSIONER OF INCOME TAX , CIRCLE -1 , SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 517/PUN/2020[2013-2014]Status: DisposedITAT Pune18 Jul 2022AY 2013-2014

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

SOLAPUR JANATA SAHAKARI BANK LTD,,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, SOLAPUR

In the result, the appeal filed by the assessee in ITA

ITA 1770/PUN/2018[2010-11]Status: DisposedITAT Pune18 Jul 2022AY 2010-11

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

For Appellant: Shri Pramod Shingte
Section 148Section 194ASection 40

1 HUF 2 Un Registered Partnership Firms 3 Unregistered Trusts 4 Minor (Not Adult Individual) 5 Co-operative Societies 6 AOP Therefore, AO was of the opinion that addition under the provisions of section 40(a)(ia) is required to be made. Accordingly, the assessment was completed by the Assessing Officer after disallowing the interest paid on deposits received from

RBL BANK LTD.,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is allowed for statistical

ITA 650/PUN/2016[2012-13]Status: DisposedITAT Pune14 Aug 2018AY 2012-13

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No.650/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2012-13 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Nikhil PathakFor Respondent: Shri Pankaj Garg
Section 194Section 194ASection 194A(3)(iii)Section 40

1. The assessee submits that the second proviso to section 40(a)(ia) is retrospective in nature and hence, it is applicable to the case of the assessee and therefore, no disallowance is warranted u/s. 40(a)(ia) on account of non- deduction of tax on the interest paid to the co-operative credit societies.” 4. Briefly stated relevant facts

THE RATNAKAR BANK LTD.,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee for assessment year 2010-11 is partly allowed in the terms aforesaid

ITA 502/PUN/2015[2011-12]Status: DisposedITAT Pune31 May 2018AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil PathakFor Respondent: Shri Aseem Sharma
Section 194ASection 40

194A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). Since, the assessee has violated TDS provisions, the Assessing Officer made disallowance u/s. 40(a)(ia) of the Act. The ld. AR contended that the assessee is raising additional ground of appeal in respect of said disallowance in both the assessment years. By way of additional ground

THE RATNAKAR BANK LTD.,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee for assessment year 2010-11 is partly allowed in the terms aforesaid

ITA 501/PUN/2015[2010-11]Status: DisposedITAT Pune31 May 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil PathakFor Respondent: Shri Aseem Sharma
Section 194ASection 40

194A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). Since, the assessee has violated TDS provisions, the Assessing Officer made disallowance u/s. 40(a)(ia) of the Act. The ld. AR contended that the assessee is raising additional ground of appeal in respect of said disallowance in both the assessment years. By way of additional ground