Commissioner of Income Tax-II vs. Smt G Sailaja

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

22. Section 14 of the Act deals with Heads of Income and clause A is the head “Salaries”. Section 15(a) of the Act provides that any salary due from an employer to an assessee in the previous year whether paid or not, is chargeable to income tax under the head “Salaries”. Further, section 16 deals with permissible deductions while

Commissioner of Income TAx-II, Hyderabad vs. M/s. Sri Balaji Bio MAss Power Pvt. Ltd.,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

22. Section 14 of the Act deals with Heads of Income and clause A is the head “Salaries”. Section 15(a) of the Act provides that any salary due from an employer to an assessee in the previous year whether paid or not, is chargeable to income tax under the head “Salaries”. Further, section 16 deals with permissible deductions while

The Commissioner of Income Tax -1 vs. Harmahendar Singh Bagga

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

22. Section 14 of the Act deals with Heads of Income and clause A is the head “Salaries”. Section 15(a) of the Act provides that any salary due from an employer to an assessee in the previous year whether paid or not, is chargeable to income tax under the head “Salaries”. Further, section 16 deals with permissible deductions while

Commissioner of Income Tax-II, vs. The Sirpur Paper Mills Ltd.,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

22. Section 14 of the Act deals with Heads of Income and clause A is the head “Salaries”. Section 15(a) of the Act provides that any salary due from an employer to an assessee in the previous year whether paid or not, is chargeable to income tax under the head “Salaries”. Further, section 16 deals with permissible deductions while

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

The appeals stand dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

22. 'Perquisite' is thus a privilege, gain or profit incidental to an employment in addition to regular salary or wages. 23. As observed by the House of Lords in Owen v. Pook (1969) 74 ITR 147 (HL), 'perquisite' has a known normal meaning, namely, a personal advantage. The word would not apply to a mere reimbursement of a necessary disbursement

M/s.V.R.Farms Pvt Ltd vs. Deputy Commissioner of Income Tax

The appeals are dismissed

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

TDS amount. It was further contended that by virtue of section 115JAA(4) the assessee is entitled to set off MAT credit at the stage at which the tax has become payable. Consequently, it was submitted, that the assessee is entitled to take into account the tax credit (MAT credit) available to it under section 115JAA when it computes

The Commissioner of Income Tax-I, vs. M/s. Celestial Laboratories Limited,

In the result, the appeal is disposed of

TDS as prescribed under Section 194J has been upheld by the Bombay as well as Delhi High Court except to the extent of penalty as prescribed under Section 271C. It is also argued that the person referred to in Section 194J and Explanation (a) appended to Section 194J(1) need not himself / herself is to be a Doctor and therefore

DIRECTOR OF INCOMD TAX [INTERNATIONAL TAXATION] HYDERABAD vs. M/S M W ZANDER [S] PTE LIMITED-INDIA BR, HYDERABAD

Appeals are dismissed

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

TDS Under Section 194A. 3. A question has also been raised as to whether normal members, associate members and sympathizer members are also covered by the exemptions Under Section 194A(3)(v). It is hereby clarified that the exemption is available only to such members who have joined in application for the registration of the co-operative society and those

COMMISSIONER OF INCOME TAX-II, HYDERABAD vs. M/S. PATNI TELECOM SOLUTIONS PVT. LTD.,

Appeals are dismissed

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

TDS Under Section 194A. 3. A question has also been raised as to whether normal members, associate members and sympathizer members are also covered by the exemptions Under Section 194A(3)(v). It is hereby clarified that the exemption is available only to such members who have joined in application for the registration of the co-operative society and those

Commissioner of Income Tax-(TDS), vs. M/s.Neeladri Chit Funds Private Ltd.,

Appeals are dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

TDS Under Section 194A. 3. A question has also been raised as to whether normal members, associate members and sympathizer members are also covered by the exemptions Under Section 194A(3)(v). It is hereby clarified that the exemption is available only to such members who have joined in application for the registration of the co-operative society and those

PENDURTHI CHANDRASEKHAR vs. THE DEPUTY COMMISSIONER OF INCOME TAX,

The appeal is allowed and all the four substantial

Section 68. 8. Similarly, the Assessing Officer added interest income as per the TDS Certificate, to the Income Tax return. 9. The Commissioner of Income Tax (Appeals) granted relief in so far as the unsecured loan received by the assessee from Smt. Shanti Chowdary, who was none else than the wife of the assessee. This was on the basis

Commissioner of Income Tax-I vs. M/s. Cargo Handling Pvt. Workers Pool

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

2) (d) of the Jammu and Kashmir Prevention of Corruption Act, Svt. 2006 read with Section 120- B/420/465/468 and 471 of the Ranbir Penal Code. The discharge came to take place by virtue of respective order dated 06.12.2010. 6 CRR No. 18/2011 c/w CRR No. 17/2011 CRR No. 19/2011 CRR No. 20/2011 11. The Court of Special Judge (Anti Corruption

THE COMMISSIONER OF INCOME TAX III, vs. M/S. SAVIJANA SEA FOODS PVT. LTD.,

Appeals of the Revenue are dismissed

Bench: J SREENIVAS RAO,ALOK ARADHE

22 of 36 noted that “The appellant had entered into an agreement with the co- owners of the leasehold land for construction of the property at the cost of the appellant. On completion of the building, the co- owners were entitled to the specific share and the balance space belonged to the appellant which it was free to assign

Commissioner of Income Tax, vs. M/s. Kokivenkateswara Reddy AND others,

Appeals of the Revenue are dismissed

Bench: V.V.S.RAO,RAMESH RANGANATHAN

22 of 36 noted that “The appellant had entered into an agreement with the co- owners of the leasehold land for construction of the property at the cost of the appellant. On completion of the building, the co- owners were entitled to the specific share and the balance space belonged to the appellant which it was free to assign

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

The Appeal is dismissed

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

TDS, that taxes due have been paid by the assessee. It further says that this will not alter the liability to charge interest under Section 201(1A) of the Act till the date of payment of taxes by the assessee or the liability for penalty under Section 271C of the Act. In the case between Commissioner of Income

The Commissioner of Income Tax- I vs. M/s. Avon Organics Limited

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

22 Office Maintenance 23724 23 Transportation charges 628284 24 Stationery 18375 25 Lease Line Charges 274331 26 Telephone Expenses 68182 27. Printing Charges 7350 28. Travelling Expenses International 7732 ---------------------------------------------------------------------------------------- Total Expenses pertaining to April & May 04 5902448/- ” This break-up was noticed in the assessment order itself and is not disputed. 6. What is clearly noticeable is that the appellant

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

Appeals are allowed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

TDS at 20% under Section 195(1) of the Act and also paid the same to Government account. However, according to the assessee, since it is a cost sharing agreement and payments were made by the assesee for reimbursement of cost/expenses, no 16 income is embedded therein. Therefore, the assessee is not liable to deduct tax under Section

M/S. SREE TRADING CORPORATION vs. INCOME TAX OFFICER, WARD 4(1), HYDERABAD

Bench: N.TUKARAMJI,UJJAL BHUYAN

TDS certificate and annual return of deduction of tax filed in Form No.26 (c) by the assessee and rely upon the oral evidence of the sundry creditors given behind the back of the assessee?” 5. Appellant is an assessee under the Act carrying on the business of commission agent for M/s. Parle Products, Mumbai which includes transportation of its products