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15 results for “TDS”+ Section 254clear

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Key Topics

Section 234E16Section 143(3)8Addition to Income8Section 2017Section 407Section 194A(3)(iii)6Section 326TDS6Section 2635Section 143(1)

GANGUNAIDU SABBAVARAPU,VISAKHAPATNAM vs. INCOME TAX OFFICER, WARD-2(5), VISAKHPATNAM

ITA 177/VIZ/2025[2023-24]Status: DisposedITAT Visakhapatnam27 Jun 2025AY 2023-24
Section 10(37)Section 139(1)Section 143(1)Section 2(37)Section 250Section 254Section 96

254. 24. A Division Bench of the Delhi High Court dealt with a similar submission in Commissioner of Income-tax v. Jai Parabolic Springs Limited, (2008) 306 ITR 42. The Division Bench, in paragraph 17 of the judgment held that the Supreme Court dismissed the appeal making it clear that the decision was limited to the power of the assessing

SRI CHAITANYA EDUCATIONAL SOCIETY,KAKINADA vs. THE ASSISTANT COMMISSIONER OF COMMISSIONER, CENTRAL CIRCLE-1,, RAJAHMUNDRY

5
Exemption3
Depreciation3

In the result, appeal of the assessee is allowed

ITA 598/VIZ/2018[2009-10]Status: DisposedITAT Visakhapatnam19 Aug 2019AY 2009-10

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.598/Viz/2018 (ननधधारण वर्ा/Assessment Year : 2009-10) M/S Sri Chaitanya Educational Society Vs. Acit Chaitanya Nagar Central Circle-1 Kakinada Rajahmundry [Pan :Aabas4398D] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओर से/ Appellant By : Shri C.Subrahmanyam, Ar प्रत्यधथी की ओर से / Respondent By : Shri P.Srinivasa Murthy, Dr सुनवधई की तधरीख / Date Of Hearing : 16.07.2019 घोर्णध की तधरीख/Date Of Pronouncement : 21.08.2019 आदेश /O R D E R

For Appellant: Shri C.Subrahmanyam, ARFor Respondent: Shri P.Srinivasa Murthy, DR
Section 143(3)Section 201Section 4Section 40

section 201, then for the purpose of this sub clause, it shall be deemed that the assessee has deducted and paid the taxes and requested to delete the addition. The ITAT, Visakhapatnam considered the submissions of the assessee and remitted the matter back to the file of the AO for the limited purpose of verification whether the recipient had accounted

GOVERNAMENT POLYTECHNIC,VISAKHAPATNAM vs. INCOME TAX OFFICER, TDS WARD-1, VISAKHAPATNAM

In the result, appeal filed by the assessee in ITA No

ITA 149/VIZ/2023[2014-15]Status: DisposedITAT Visakhapatnam27 Sept 2023AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.149/Viz/2023 & 150/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2014-15 & 2015-16) Government Polytechnic Vs. Income Tax Officer (Tds) Government Polytechnic College Ward-1 Kancharapalem Visakhapatnam Visakhapatnam [Pan : Aaagg1122Q] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri Madhukar Aves, DR
Section 154Section 200ASection 234ESection 246

254 dated 21.12.2020, seeking waiver of late fee raised u/s 234E. But the Ld.ITO (TDS), Ward-1, Visakhapatnam vide letter dated 30.12.2020 rejected the petition filed by the assessee u/s 154, stating that there is no scope for waiver off of late fee u/s 234E. Therefore, the assessee filed an appeal before the Ld.CIT(A) against the letter issued

GOVERNAMENT POLYTECHNIC,VISAKHAPATNAM vs. INCOME TAX OFFICER, TDS WARD-1, VISAKHAPATNAM

In the result, appeal filed by the assessee in ITA No

ITA 150/VIZ/2023[2015-16]Status: DisposedITAT Visakhapatnam27 Sept 2023AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./I.T.A.No.149/Viz/2023 & 150/Viz/2023 (ननधधारण वर्ा / Assessment Year : 2014-15 & 2015-16) Government Polytechnic Vs. Income Tax Officer (Tds) Government Polytechnic College Ward-1 Kancharapalem Visakhapatnam Visakhapatnam [Pan : Aaagg1122Q] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Shri G.V.N.Hari, ARFor Respondent: Shri Madhukar Aves, DR
Section 154Section 200ASection 234ESection 246

254 dated 21.12.2020, seeking waiver of late fee raised u/s 234E. But the Ld.ITO (TDS), Ward-1, Visakhapatnam vide letter dated 30.12.2020 rejected the petition filed by the assessee u/s 154, stating that there is no scope for waiver off of late fee u/s 234E. Therefore, the assessee filed an appeal before the Ld.CIT(A) against the letter issued

ACIT, CIRCLE-4(1), , VISAKHAPATNAM vs. SRI VARALAKSHMI JUTE TWINE MILLS PVT. LTD,, RAJAM

In the result, appeals filed by the Revenue in ITA

ITA 458/VIZ/2017[2013-2014]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2013-2014

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

SRI VARALAKSHMI JUTE TWINE MILLS PVT. LTD.,,RAJAM vs. THE ITO,, SRIKAKULAM

In the result, appeals filed by the Revenue in ITA

ITA 349/VIZ/2016[2012-2013]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2012-2013

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

SRI VARALAKSHMI JUTE TWINE MILLS PRIVATE LIMITED,,RAJAM vs. DCIT, CIRCLE-4(1),, VISAKHAPATNAM

In the result, appeals filed by the Revenue in ITA

ITA 404/VIZ/2017[2013-2014]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2013-2014

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

THE DCIT,, VISAKHAPATNAM vs. SRI VARALAKSHMI JUTE MILLS PVT LTD,, SRIKAKULAM

In the result, appeals filed by the Revenue in ITA

ITA 340/VIZ/2016[2012-2013]Status: DisposedITAT Visakhapatnam09 Feb 2018AY 2012-2013

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bledcit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Ito, Ward-3, Mills Pvt. Ltd., Bobbili Road, Srikakulam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L Acit, Circle-4(1), Vs. M/S. Sri Varalakshmi Jute Visakhapatnam. Twine Mills Pvt. Ltd., Bobbili Road, Rajam (Po), Srikakulam District. Pan No. Aadcs 1167 L Sri Varalakshmi Jute Twine Vs. Dcit, Circle-4(1), Mills Pvt. Ltd., Bobbili Road, Visakhapatnam. Rajam (Po), Srikakulam Dist. Pan No. Aadcs 1167 L (Appellants) (Respondents)

For Appellant: Shri Yogesh A. Thar &For Respondent: Shri T. Satyanandam – Sr.DR
Section 143(1)Section 143(3)

TDS on the payments have been effected by the lessees. The authorised representative also submitted that the assessee had offered the impugned payments for the purpose of FBT from A.Y.2006-07 to A.Y.2009-10. It was further submitted that the assessee had claimed these amounts as business deduction in the earlier years and was allowed by the Department. It was submitted that

THE INCOME TAX OFFICER, TDS WARD-2,, VISAKHAPATNAM vs. VISAKHAPATNAM INDUSTRIAL WATER SUPPLY COMPANY. LIMITED, VISAKHAPATNAM

In the result, I.T.A. No. 359/VIZ/2019 filed by the Revenue

ITA 359/VIZ/2019[2007-08]Status: DisposedITAT Visakhapatnam24 Sept 2021AY 2007-08

Bench: Shri N.K. Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon'Ble

For Appellant: Shri C.Subrahmanyam, FCAFor Respondent: Shri D.K. Sonawal, CIT-DR
Section 11Section 194(3)(iii)Section 194ASection 194A(3)(iii)Section 196Section 201Section 201(1)Section 250(6)

section 194A(3)(iii)(b) as any interest paid to any financial corporation established by or under a Central, State or Provincial Act is exempt from TDS. Accordingly, no TDS is leviable on the payment made to APIIC. The ld. Commissioner further held that since the income of the payee i.e. APIIC is exempt u/sec

M/S. VISAKHAPATNAM INDUSTRIAL WATER SUPPLY CO. LTD,VISAKHAPATNAM vs. THE INCOME TAX OFFICER, TDS, WARD-2, VISAKHAPATNAM

In the result, I.T.A. No. 359/VIZ/2019 filed by the Revenue

ITA 553/VIZ/2019[2007-08]Status: DisposedITAT Visakhapatnam24 Sept 2021AY 2007-08

Bench: Shri N.K. Choudhry, Hon’Ble & Shri D.S. Sunder Singh, Hon'Ble

For Appellant: Shri C.Subrahmanyam, FCAFor Respondent: Shri D.K. Sonawal, CIT-DR
Section 11Section 194(3)(iii)Section 194ASection 194A(3)(iii)Section 196Section 201Section 201(1)Section 250(6)

section 194A(3)(iii)(b) as any interest paid to any financial corporation established by or under a Central, State or Provincial Act is exempt from TDS. Accordingly, no TDS is leviable on the payment made to APIIC. The ld. Commissioner further held that since the income of the payee i.e. APIIC is exempt u/sec

GVK POWER & INFRASTRUCTURE LIMITED,KADIYAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1),, RAJAHMUNDRY

In the result, appeal of the assessee is allowed

ITA 553/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam03 Apr 2019AY 2014-15

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकरअपीलसं./I.T.A.No.553/Viz/2018 (ननधधारण वर्ा/Assessment Year:2014-15) M/S Gvk Power & Infrastructure Ltd. Vs. Asst.Commissioner Of D.No.5-48, Gvk Power Plant Income Tax Jegurupadu, Kadiyammandal Circle-2(1) East Godavari Rajamahendravaram [Pan :Aaacj5599A] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधथी की ओ रसे/ Appellant By Shri G.V.N.Hari, Ar प्रत्यधथी की ओर से/ Respondent By Shri D.K.Sonowal, Cit Dr सुनवधई की तधरीख / Date Of Hearing : 21.03.2019 घोर्णध की तधरीख/Date Of Pronouncement : 03.04.2019

Section 139Section 143(3)Section 14ASection 36Section 5

254 ITR 37 (Del.) (3) CIT V. Bharti Televentures Ltd. : 331 ITR 502 (Del.) 4. Under section 36(1)(iii) the following conditions are required to be satisfied before the assessee can successfully claim deduction in respect of interest paid : (a) The assessee should have borrowed capital; (b) The borrowing of the capital should be for the purpose

DY CIT, CENTRAL CIRCLE,, VIJAYAWADA vs. CONZUG LOGISTICS PVT. LTD.,, VISAKHAPATNAM

In the result, the appeal filed by the revenue is dismissed and

ITA 507/VIZ/2017[2005-06]Status: DisposedITAT Visakhapatnam04 Apr 2018AY 2005-06

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

For Appellant: Shri V. Srinivasa Rao, DRFor Respondent: Shri G.V.N. Hari, AR
Section 143(3)Section 153ASection 194CSection 263Section 40

section 194C of the Act, in explanation (iv)(c), work shall include carriage of goods or passengers or any mode of transport, other than by Railways. Since the CONCOR is a subsidiary organization of the Indian Railways and the Railways have carried the goods, there is no case for TDS u/s 194C of the Act. He relied on the order

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

ITA 6/VIZ/2014[2009-10]Status: DisposedITAT Visakhapatnam30 Oct 2019AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri T.M. Shiv Kumar – AdvFor Respondent: Shri T.S.N. Murthy – CIT DR
Section 263Section 32

254)] held that any positive or negative effect on the cost of the asset purchased has to be adjusted only at the time of making actual payment. Therefore, directed the Assessing Officer to verify the dates of payments and then apply section 43A. 22 Aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before this

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

ITA 5/VIZ/2014[2008-09]Status: DisposedITAT Visakhapatnam30 Oct 2019AY 2008-09

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri T.M. Shiv Kumar – AdvFor Respondent: Shri T.S.N. Murthy – CIT DR
Section 263Section 32

254)] held that any positive or negative effect on the cost of the asset purchased has to be adjusted only at the time of making actual payment. Therefore, directed the Assessing Officer to verify the dates of payments and then apply section 43A. 22 Aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before this

THE ACIT, CIRCLE - 1,, RAJAHMUNDRY vs. THE ANDHRA PRADESH PAPER MILLS LTD.,, HYDERABAD

In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed

ITA 4/VIZ/2014[2007-08]Status: DisposedITAT Visakhapatnam30 Oct 2019AY 2007-08

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri T.M. Shiv Kumar – AdvFor Respondent: Shri T.S.N. Murthy – CIT DR
Section 263Section 32

254)] held that any positive or negative effect on the cost of the asset purchased has to be adjusted only at the time of making actual payment. Therefore, directed the Assessing Officer to verify the dates of payments and then apply section 43A. 22 Aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before this