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12 results for “TDS”+ Section 26Aclear

Sorted by relevance

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Key Topics

Section 4014Section 201(1)13TDS11Addition to Income11Section 2019Section 2636Deduction6Disallowance6Section 254(1)5Section 68

ENGINEERING PROFESSIONAL CO. PVT LTD,SURAT vs. PCIT-1, SURAT

In the result, appeal of the assessee is partly allowed

ITA 541/SRT/2024[2018-19]Status: DisposedITAT Surat19 Feb 2025AY 2018-19

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.541/Srt/2024 Assessment Year: (2018-19) (Physical Hearing) Engineering Professional Co. Pvt. Ltd., Vs. The Pcit -1, 444, Royal Arcade, Opp. Sarthana Zoo, Surat Varachha Road, Near Sarthana Jakatnaka, Surat – 395006, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabce0313Q (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Ravi Kant Gupta, Cit(Dr) Date Of Hearing 13/02/2025 Date Of Pronouncement 19/02/2025

Section 142(1)Section 143(2)Section 143(3)Section 194CSection 263

section 194C of the Act. Hence, the appellant has not deducted TDS on the daily wage payments to the labourers. The ld. AR submitted that appellant had submitted TDS return, Form 26A

5
Condonation of Delay5
Section 143(3)3

AKSHAR INFRA,BHARUCH vs. ITO(TDS), BHARUCN, BHARUCH

In the result, the ground Nos

ITA 276/SRT/2023[2016-17]Status: DisposedITAT Surat20 Jul 2023AY 2016-17

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.276/Srt/2023 (Ay 2016-17) (Hearing In Physical Court) Akshar Infra Income Tax Officer (Tds), Bharuch, Hari Kunj, R.S.No.347, Old N.H.S. Vs Station Road, Bharuch- Nr. Samrajya School, 356069 Andada, Ankleshwar, Bharuch-393001 Pan No. Abbfa 5016 E अपीलाथ"/Appellant ""थ" /Respondent

Section 194ISection 201Section 201(1)Section 254(1)

section 201(1) and also liable to pay interest @ 1% for every month or part of month on the amount of such tax from the date the TDS was to be made. The contention of assessee that they are liable for interest liability only for 14 months commencing from May 2015 till end of September 2016, was also rejected

BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

ITA 247/SRT/2019[2010-11]Status: DisposedITAT Surat21 Nov 2022AY 2010-11

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

For Appellant: Shri Pankaj R Gupta, CAFor Respondent: Shri Vinod Kumar, Sr. DR
Section 201(1)

26A. As such proviso was inserted by Finance Act, 2012 with effect from 01.07.2012. Therefore, in such cases, the assessee will not get benefit of this proviso and in such cases, the demand was confirmed. In other category of case, whereas the certificate under section 197 for lower deduction or nil deduction is submitted no liability can be fastened

BANK OF INDIA,SURAT vs. ITO (TDS-1), SURAT, SURAT

In the result, assessee’s both appeals are allowed

ITA 323/SRT/2019[2009-10]Status: DisposedITAT Surat21 Nov 2022AY 2009-10

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

For Appellant: Shri Pankaj R Gupta, CAFor Respondent: Shri Vinod Kumar, Sr. DR
Section 201(1)

26A. As such proviso was inserted by Finance Act, 2012 with effect from 01.07.2012. Therefore, in such cases, the assessee will not get benefit of this proviso and in such cases, the demand was confirmed. In other category of case, whereas the certificate under section 197 for lower deduction or nil deduction is submitted no liability can be fastened

BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

ITA 248/SRT/2019[2011-12]Status: DisposedITAT Surat21 Nov 2022AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

For Appellant: Shri Pankaj R Gupta, CAFor Respondent: Shri Vinod Kumar, Sr. DR
Section 201(1)

26A. As such proviso was inserted by Finance Act, 2012 with effect from 01.07.2012. Therefore, in such cases, the assessee will not get benefit of this proviso and in such cases, the demand was confirmed. In other category of case, whereas the certificate under section 197 for lower deduction or nil deduction is submitted no liability can be fastened

BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

ITA 246/SRT/2019[2009-10]Status: DisposedITAT Surat21 Nov 2022AY 2009-10

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

For Appellant: Shri Pankaj R Gupta, CAFor Respondent: Shri Vinod Kumar, Sr. DR
Section 201(1)

26A. As such proviso was inserted by Finance Act, 2012 with effect from 01.07.2012. Therefore, in such cases, the assessee will not get benefit of this proviso and in such cases, the demand was confirmed. In other category of case, whereas the certificate under section 197 for lower deduction or nil deduction is submitted no liability can be fastened

VINAYLAL SHANKARLAL PRAJAPATI,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(4), SURAT

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

ITA 287/SRT/2023[2014-15]Status: DisposedITAT Surat25 May 2023AY 2014-15

Bench: Shri Pawan Singh(Physical Hearing) Vinaylal Shankarlal Prajapati, I.T.O., Block No. 26, Plot No. 1, Shyam Raw Ward-2(3)(4), Vs. House, Godadara Road, Parvat Gam, Surat. Surat. Pan No. Abcpp 1291 P Appellant/ Assessee Respondent/ Revenue

Section 194ASection 201(1)Section 250(6)Section 254(1)Section 40

Section 40(a)(ia) of the Income Tax Act, 1961 (in short, the Act) for want of TDS. The assessee has paid interest to a well reputed Non-Banking Finance Companies (NBSCs). The assessee has made a request to NBFCs for seeking certificate in Form 26A

ITO, WARD-3(3)(4), SURAT vs. M/S. SATYAM ENTERPRISE, SURAT

In the result, this part of issue is allowed for statistical purpose

ITA 169/SRT/2020[2013-14]Status: DisposedITAT Surat06 Apr 2023AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) I.T.O., M/S Satyam Enterprise, Ward- 3(3)(4), 182-Thakordwar Society, Nr. Vs. Surat. Spinning Mill, Varachha Road, Surat. Pan No. Abvfs 5076 L Appellant/ Assessee Respondent/ Revenue

Section 201Section 254(1)Section 40

TDS @ 1% under Section 194C ought to have deducted by assessee, however, the same was not deducted. After going through the list of 11 parties, the assessee furnished the details of all parties who have paid the tax on such receipt, however, the Assessing Officer not considered and passed the assessment order hurriedly without considering that all the parties have

SHRI LABHUBHAI RAVJIBHAI JASANI,SURAT vs. INCOME TAX OFFICER, WARD-1(3)(7) , SURAT

In the result, the ground of appeal raised by assessee is allowed for statistical purposes

ITA 35/SRT/2023[2016-17]Status: DisposedITAT Surat18 Jul 2023AY 2016-17

Bench: Shri Pawan Singh(Virtual Hearing) Shri Labhubhai Ravjibhai Jasani, I.T.O., 17-18, Astvinayak Row House, Ward-1(3)(7), Vs. Nr. Parshuram Garden, Adajan, Surat. Surat-395009. Pan No. Abnpj 1872 F Appellant/ Assessee Respondent/ Revenue

Section 201(1)Section 254(1)Section 40

TDS. The assessee now filed Form 26A under Rule 31ACB issued by the Chartered Accountant (Auditor) of said NBFC. The ld. AR of the assessee submits that as per First Proviso to Section

JAVAHARLAL S DHARIWAL,SURAT vs. ITO WARD 1(2)(2), SURAT

In the result, appeal of the assessee is partly allowed

ITA 203/SRT/2020[2013-14]Status: DisposedITAT Surat28 Apr 2023AY 2013-14

Bench: Shri Pawan Singhआ.अ.सं./Ita No.203/Srt/2020 (Ay 2013-14) (Hearing In Physical Court) Javaharlal S Dhariwal Income Tax Officer, 886 Old Gidc, Nr. Bank Of Ward-1(2)(2), Surat-395001 Vs Baroda, Katargam, Surat- 395004 Pan No: Aaypd 4207 G अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Mahul Shah, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 02.02.2023 उ"घोषणा क" तार"ख/Date Of 28.04.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-2, Surat [For Short To As “Ld.Cit(A)”] Dated 30.01.2020 For Assessment Year 2013- 14, Which In Turn Arises Out Assessment Order Passed By Income-Tax Officer-Ward-1(2)(2), Surat/Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 12.02.2016. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of Assessing Officer In Making A Disallowance Of Rs.3,45,378/- U/S 40(A)(Ia) Of The It Act 1961. Javaharlal S Dhariwal 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject The Learned Cit(A) Has Erred In Partly Confirming The Action Of Assessing Officer By Sustaining The Disallowance Of Rs.2,46,915/- Out Of Total Disallowance Of Rs.4,93,830/- On Account Of Machinery Salary Expenses. 3. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of Assessing Officer In Making Addition Of Rs.3,95,466/- Being Interest Expenses Claimed U/S 57 Of The Act.

Section 143(3)Section 194CSection 254(1)Section 40Section 57

26A was furnished. Thus, the addition was upheld. Further aggrieved assessee has filed present appeal before the Tribunal. 5. I have heard the submission of Ld. Authorized Representative (Ld.AR) for the assessee and Ld. Senior Departmental Representative and perused the materials available on record. Ground No.1 relates to addition / disallowance under section 40(a)(ia) of Rs.3

RIZWANAHMED MOHMED USMAIN SHAIKH,SURAT vs. INCOME TAX OFFICER, WARD -1(2)(6), SURAT

In the result, appeal of the assesseeis dismissed

ITA 46/SRT/2018[2009-10]Status: DisposedITAT Surat08 Mar 2022AY 2009-10

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Rizwanahmed Mohmed Usmain The Ito, Shaikh Ward-1(2)(6), Vs Hasina, Manjil, Harinagar-1, Surat. Udhna, Surat. Pan: Adaps 5725 P Appellant/ Assessee Respondent/ Revenue

Section 143(1)Section 143(3)Section 147Section 148Section 194ASection 201Section 40

TDS on interest payment in contravention of provisions of section 194A of the Act. The assessee was issued show cause notice as to why such payment be not disallow. The contents of details show cause notice is referred in para 6 of the assessment order. The assessee filed its reply dated 01.12.2015. The assessee contended by the financer is reputed

MADHVI AJITKUMAR RANKA ,NA vs. ARIVS.ACIT, NAVSARI CIRCLE, NAVSARI

In the result, the appeal is allowed for statistical purposes

ITA 124/SRT/2025[2016-17]Status: DisposedITAT Surat26 Nov 2025AY 2016-17

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.124/Srt/2025 Assessment Year: (2017-18) (Hybrid Hearing) Madhvi Ajitkumar Ranka, Vs. Acit, 88, Sunder Nagar, Jamalpore, Navsari Circle, Navsari – 396445 Navsari "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ahfpr5791K (Appellant) (Respondent) Appellant By Shri Darshit J. Naik, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 01/09/2025 Date Of Pronouncement 26/11/2025

Section 250Section 253(3)Section 271(1)(c)Section 40Section 68

TDS on such interest payment. Accordingly, interest payment to Ajit R. Ranka (HUF) of Rs.2,58,750/- and interest given to Kotak Securities of Rs.51,913/- were disallowed as per provision of section 40(a)(ia) of the Act and added to the total income of the assessee. Accordingly, an assessment order was passed u/s.143