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

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

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

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS: 1 JOINT COMMISSIONER OF INCOME TAX (TDS) 3RD FLOOR, AYAKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2 STATE BANK OF TRAVANCORE CENTRALISED PENSION PROCESSING CENTRE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH W.A.No.410/2015 AND CONNECTED CASES, THE COURT ON THE SAME

The Commissioner of Income Tax (Central) vs. Swapna Lahari Pvt Ltd.,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS: 1 JOINT COMMISSIONER OF INCOME TAX (TDS) 3RD FLOOR, AYAKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2 STATE BANK OF TRAVANCORE CENTRALISED PENSION PROCESSING CENTRE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH W.A.No.410/2015 AND CONNECTED CASES, THE COURT ON THE SAME

Commissioner of Income Tax-II vs. Smt G Sailaja

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS: 1 JOINT COMMISSIONER OF INCOME TAX (TDS) 3RD FLOOR, AYAKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2 STATE BANK OF TRAVANCORE CENTRALISED PENSION PROCESSING CENTRE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH W.A.No.410/2015 AND CONNECTED CASES, THE COURT ON THE SAME

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS: 1 JOINT COMMISSIONER OF INCOME TAX (TDS) 3RD FLOOR, AYAKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2 STATE BANK OF TRAVANCORE CENTRALISED PENSION PROCESSING CENTRE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH W.A.No.410/2015 AND CONNECTED CASES, THE COURT ON THE SAME

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS: 1 JOINT COMMISSIONER OF INCOME TAX (TDS) 3RD FLOOR, AYAKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2 STATE BANK OF TRAVANCORE CENTRALISED PENSION PROCESSING CENTRE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH W.A.No.410/2015 AND CONNECTED CASES, THE COURT ON THE SAME

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

B. KURIAN SRI.K.T.THOMAS RESPONDENTS/RESPONDENTS: 1 JOINT COMMISSIONER OF INCOME TAX (TDS) 3RD FLOOR, AYAKAR BHAVAN, KAWDIAR, THIRUVANANTHAPURAM, PIN-695 003. 2 STATE BANK OF TRAVANCORE CENTRALISED PENSION PROCESSING CENTRE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 014. BY SRI.CHRISTOPHER ABRAHAM, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.07.2021, ALONG WITH W.A.No.410/2015 AND CONNECTED CASES, THE COURT ON THE SAME

Commissioner of Income tax-V, vs. M/s. INTRACK INC,

3. The substantial questions of law that arise for consideration in all these appeals is whether, the amendment to Section 40(a)(ia) by the Finance Act, 2010, which is given effect from 01.04.2010 is retrospective in nature. 4. Prior to the amendment, the said provision read as under:- Section 40(a)(ia) : any interest, commission or brokerage, rent, royalty

Allam Bali Reddy, vs. Asst.Commissioner of Income Tax,

Appeals stand disposed of in terms of

SECTION 260-A OF I.T.ACT, 1961, ARISING OUT OF ORDER DATED 28/02/2013 PASSED IN ITA NO.866/BANG/2012, FOR THE ASSESSMENT YEAR 2005-06, PRAYING THIS HON’BLE COURT TO: I. FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN, II. ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE ITAT, BANGALORE IN ITA NO.866/BANG/2012 DATED 28/02/2013 AND CONFIRM THE ORDER

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

The appeals are disposed of

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

b) in any other case, such interest shall be calculated at the rate of one-half per cent for every month or part of a month comprised in the period or periods from the date or, as the case may be, dates of payment of the tax or penalty to the date on which the refund is granted. Explanation

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

The Appeal is dismissed

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

3] for construction of the refinery, for a sum of Rs. 1,100 Crores; Rs. 438 Crores & Rs. 455 Crores respectively. It was noticed by the ITO that these contracts were allotted to its sister concern viz., Messrs. Essar Projects Limited which had obtained a Certificate u/s. 197(1) of the Income Tax Act, 1961 [“Act” for short

The Commissioner of Income Tax I vs. Mesmer Technologies Ltd

The appeals are allowed in part

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

B”, Bangalore (‘Tribunal’ for short) in ITA Nos.872/Bang/2015, 873/Bang/2015, 874/Bang/2015 relating to the assessment years 2011-12, 2012-13 and 2013-14 respectively. 3. The appeals were admitted by this Court to consider the following substantial questions of law:- “1. Whether the Tribunal erred in law in not holding that since the levy of service charges is still under dispute

Commissioner of Income Tax, vs. Agricultural Market Committee,

The appeals are dismissed

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

B. HINCHIGERI AND THE HON’BLE MRS. JUSTICE S. SUJATHA I. T. A.No.438/2012 C/W I. T. A. Nos.441/2012, 443/2012, 447/2012, 448/2012, 454/2012, 457/2012, 459/2012, 461/2012, 462/2012, 463/2012 & 464/2012 I. T. A.No.438/2012 BETWEEN: 1. The Commissioner of Income-Tax TDS, HMT Bhavan, Bellary Road, Bangalore 2. The Income-Tax Officer TDS Ward, Aayakar Bhavan, Sedam Road, Gulbarga

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

b) thereof any salary paid or allowed to an employee in the previous year by or on behalf of an employer or a former employer though not due or before it became due to him is an income chargeable to tax under the head ‗‗Salaries‘‘. For the purpose of section 15 vide section 17(1)(iv), perquisites are included

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 195(1

THE COMMISSIONER OF INCOME TAX-III vs. M/S. SOMA ENTERPRISES LTD

The appeal is disposed off accordingly

Bench: The Hon'Ble Mr. Justice Ravi Malimath

3. The Assessee filed its return of income on 31.10.2006 admitting a total income of Rs.nil. The return of Income was processed under Section 143(1) by the Income Tax Officer, Mandya. The case was selected for scrutiny in accordance with the scrutiny guidelines issued by the Central Board of Direct Taxes. Notice under Section 143(2) was issued