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

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

Commissioner of Income Tax [TDS] vs. Sri VAraha Laxmi Nrusimha Swamy DEvastanam

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 (Central) vs. Swapna Lahari 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

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

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, 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

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 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

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

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

Late Smt. Hoorjahan Begum vs. Tghe Income Tax Officer

Appeal stands disposed off

Bench: RAMESH RANGANATHAN,S.RAVI KUMAR

Section 192(1) of the Income Tax Act, 1961 has deducted the tax at source from the employee's salary. In case if an objection is raised by any party, the objector is required to prove by producing evidence such as LPC to suggest that the employer failed to deduct the TDS from the salary of the employee. However, there

The Commissioner of Income Tax, vs. N. Annapurna

The appeals are dismissed with no order as to costs

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

22. Specific to 104 cases which were before it, including that of the Respondent-Assessee, the Supreme Court was of the view that in “none of the 104 cases penalty was leviable under Section 271C as the Respondent in each case has discharged its burden of showing reasonable cause for failure to deduct tax at source.” The resultant position

The Commissioner of Income Tax - VI vs. Sri Danda Dharanidhar

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 194-H of the IT Act, we hold in their favour on the count of the matter having been rendered revenue neutral due to the apparent payment of income taxes on the amounts in question by the travel agents. The assessing officer is directed to expeditiously complete the assignment of determining the interest payable in accordance with the guidelines

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

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.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