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8 results for “TDS”+ Section 195(2)clear

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Key Topics

Section 26011Section 244A6Section 260A4Section 1954Section 404Deduction4Section 201(1)3TDS3Section 194C2Permanent Establishment

THE COMMISSIONER OF INCOME TAX IV vs. M/S. PRABHATH AGRI BIO TECH P. LTD.,

The appeals stand dismissed

ITTA/325/2012HC Telangana19 Feb 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 17(2)Section 260A

TDS provisions relate to and prescribe one of the modes of collection of tax. It is with this objective that duties or “obligations” are imposed on the payer. This does not override or disturb the primary “obligation” imposed by the charging section read with the computation provisions. Further, we are specifically concerned with Section 17(1) and 17(2

M/S.P.SATYANARAYANA AND SONS vs. INCOME TAX OFFICER, WARD 1[9], HYDERABAD

Appeals are allowed

ITTA/209/2008HC Telangana08 Sept 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

2
Limitation/Time-bar2
Section 260

2. The substantial question of law that arises for consideration in these appeals is as under:- Whether the Tribunal was correct in holding that the payments made by the assessee for utilizing intranet facilities provided by the non-resident assessee is not liable to tax in India and no TDS need be made as the provisions of Section 195

M/s Modi Builders AND Realtors (P) Ltd., vs. Asst. Commissioner of Income tax,

The appeals are disposed of

ITTA/167/2012HC Telangana21 May 2025

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 244ASection 260A

2), inter alia, provides that where a refund is due to the assessee, "in pursuance of an order referred to in Section 240" and the Assessing Officer does not grant the refund within the stipulated time, the Central Government is required to pay simple interest at the stipulated rate. Section 240 deals with refund on appeal, etc. This provision clearly

Pr. Commissioner of Income Tax-2, vs. M/s Trinity Advanced Software Labs Private Limited,

In the result, we do not find any merit in the appeal

ITTA/421/2015HC Telangana01 Jun 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 195Section 260Section 40

2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been filed by the revenue. The subject matter of the appeal pertains to the Assessment Year 2006-07. The appeal was admitted by a Bench of this Court on the following substantial questions of law: "a) Whether

M\S.CHENNAKESAVA VIJAYAWADA vs. THE COMMISSIONER OF INCOME TAX VIJAYAWAD

The Appeal is dismissed

ITTA/33/2000HC Telangana27 Aug 2012

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

Section 194CSection 197(1)Section 201

195, the Assessing Officer is satisfied that the total income of the recipient justifies the deduction of income tax at any lower rate or no deduction of income tax application made by the assessee in his behalf, give him such certificate as may be appropriate. (2) Where any such certificate is given, the person responsible for paying the income shall

Commissioner of Income Tax - IV vs. M/s. Anand Food Products,

The appeal stands disposed of on the ground of low tax effect

ITTA/76/2013HC Telangana25 Jun 2013

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 1St March, 2023 Appearance : Mr. Soumen Bhattacharjee, Adv. …For Appellant The Court : - This Appeal Has Been Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 12.04.2013 Passed By The Learned Income Tax Appellate Tribunal “B” Bench, Kolkata In I.T.A. No. 1336/Kol/2011 Relating To The Assessment Year 2005-2006. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration :- I) Whether On The Facts & In The Circumstances Of The Case The Ld. Tribunal Has Erred In Law In Deleting The Addition Made By The Assessing Officer Under Section 40(A)(Ia) Of Income Tax Act, 1961, An Amount Of Rs.30,44,166/- Relating To The Payment Made By The Assessee On Account Of Online Advertisement, To M/S Google Ltd. & M/S. Overture Services Without Deducting Tds, By Holding That The Assessee Was Under No Obligation To Deduct Tds Under Section 195 Of The I.T. Act, 1961? Ii) Whether On The Facts & In The Circumstances Of The Case The Ld. Tribunal Has Erred In Law In Deleting The Addition Of Rs.30,44,166/- Made

Section 195Section 260ASection 40

TDS under Section 195 of the I.T. Act, 1961? ii) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in deleting the addition of Rs.30,44,166/- made 2

The Commissioner of Income Tax I vs. Mesmer Technologies Ltd

The appeals are allowed in part

ITTA/673/2016HC Telangana15 Dec 2016

Bench: SANJAY KUMAR,M.S.K.JAISWAL

Section 12ASection 194JSection 260Section 260A

2. Whether the Tribunal erred in law in not holding that the service charges fail the test of real income and consequently the order for Tax Deduction at Source is unsustainable in law on the facts and circumstances of the case? 3. Whether the Tribunal erred in law in not holding that the provisions of section 194J are not applicable

COMMR OF INCOME TAX-II, HYDERABAD vs. M/S JAPSON ESTATES PVT LTD., HYDERABAD

The appeal is allowed;

ITTA/84/2017HC Telangana23 Aug 2018

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 156Section 195Section 201(1)Section 260Section 9(1)(vii)

2) Whether the Tribunal was right in holding that payment made by the Appellant are fees for - 3 - NC: 2024:KHC:32520-DB ITA No. 84 of 2017 technical services and hence the Appellant should have deducted tax at source under section 195 of the Act, even though nothing has been made available to the Appellant from the consultant