Section 191 of the Income Tax Act

The decision most relied on for Section 191 is State of West Bengal v. Kesoram Industries Limited (10 SCC 201), cited in 279 of the 241 judgments on BharatTax that turn on this section.

Leading authorities on Section 191

State of West Bengal v. Kesoram Industries Limited
10 SCC 201 · 2004 · Supreme Court
279
citing judgments

A taxing statute must be interpreted strictly based on what is clearly expressed, without implying anything not stated or importing provisions to supply deficiencies. A person must clearly fall within the ambit of the charging section for tax to be levied.

Jagaran Prakashan Ltd. v. DCIT
345 ITR 288 · 2012 · High Court
164
citing judgments

A deductor cannot be treated as an assessee in default for failure to deduct tax at source if the recipient has already paid the income tax directly. The onus is on the deductor to prove that the recipient has paid the tax.

American Express International Banking Corpn v. CIT
125 Taxmann 488 · 2002 · High Court
33
citing judgments

Interest paid for the broken period on purchase of dated government securities and interest received for the broken period on sale of such securities, if treated as trading assets, can be claimed as revenue expenditure under section 28. Income falling under section 18 of the Income Tax Act cannot also fall under section 28.

Karnataka Power Transmission Corporation Ltd. v. Dy. CIT
67 Taxmann.com 259 · 2016 · High Court
24
citing judgments

Tax is deductible at source under Section 194A only on interest that has 'partaken the character of income' in the hands of the recipient.

ACIT v. Dufon Laboratoies
24 Taxmann 199 · Reported
8
citing judgments
Vinsons v. Third ITO (
112 Taxmann 154 · ITAT
7
citing judgments
Executive Engineer, T.L.C. Division, A.P. State Electricity Board v. ITO
20 ITD 318 · ITAT
7
citing judgments
CIT v. Delhi Public School
247 CTR 317 · Reported
7
citing judgments
Hero Honda Motors Ltd. v. ITO (
41 TTJ 28 · ITAT
7
citing judgments
Idea Cellular Ltd. v. ADIT
172 TTJ 540 · 2015 · ITAT
6
citing judgments

Judgments on Section 191

Hungama Digital Media Entertainment P.Ltd, Mumbai vs. CIT 59, Mumbai

In the result, these appeals filed by the assessee stand allowed for statistical

ITA 2494/MUM/2015[2011-12]Status: DisposedITAT Mumbai01 Nov 2017AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm रोक आवेदन सं./Sa Nos.419 & 420/Mum/2017 (Arising Out Of Ita Nos. 2494 & 2495/Mum/2015) ("नधा"रण वष" / Assessment Years: 2011-12 & 2012-13) Hungama Digital Media Entertainment Ito (Osd) (Tds) 1 (1) Pvt. Ltd. Mumbai बनाम/ Sf-B-07, Art Guild House, Vs. Phoenix Market City, Lbs Marg, Kurla (W), Mumbai-400 070 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacv 7289 H (""यथ" / Respondent) (Applicant) : आयकर अपील सं./I.T.A. Nos.2494 & 2495/Mum/2015 ("नधा"रण वष" / Assessment Years: 2011-12 & 2012-13) Hungama Digital Media Entertainment Cit(A)- 59 Pvt. Ltd. The Income Tax Department, बनाम/ Sf-B-07, Art Guild House, Aaykar Bhavan, Karve Road, Vs. Phoenix Market City, Lbs Marg, Mumbai-400 020 Kurla (W), Mumbai-400 070 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacv 7289 H (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri S. C. Tiwari ""यथ" क" ओर से/Respondent By : Shri M. V. Rajguru

For Appellant: Shri S. C. TiwariFor Respondent: Shri M. V. Rajguru
Section 194Section 194CSection 194JSection 201(1)

ACIT, TDS, Noida vs. M/S St Microelectronics Pvt. Ltd., Greater Noida

In the result, the appeal of the Revenue is dismissed

ITA 5597/DEL/2013[2007-08]Status: DisposedITAT Delhi10 Jun 2016AY 2007-08

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 2007-08 Asstt. Commissioner Of Income Vs. St Microelectronics Pvt. Ltd., Tax, Tds, Noida Plot No. 11, Knoledge Park-111, Greater Noida Gir/Pan : Aaacs3406M (Appellant) (Respondent) Appellant By Smt. Rishpal Bedi, Sr.Dr Respondent By Sh. K.V.S.R. Krishna, Ca Date Of Hearing 19.04.2016 Date Of Pronouncement 10.06.2016 Order Per O.P. Kant, A.M.: This Appeal Of The Revenue Is Directed Against Order Dated 19/07/2013 Of The Commissioner Of Income-Tax(Appeals), Noida For Assessment Year 2007-08 Raising Following Grounds: “That Cit(A) Has Erred In Law & On Facts In Directing To Delete The Order U/S 201(1)/201(1A) Of The I.T. Act Passed By The Assessing Officer Ignoring The Fact That Assessee Must Follow The Mercantile System Of Accounting For These Payments & Erred In Further Allowing The Assessee To Follow The Cash System Of Accounting For These Payments Solely On The Grund Of Sap Environment Being Followed By The Assessee.” 2. The Facts In Brief Are That During Tax Deducted At Source (Tds) Verification By The Tds Assessing Officer, It Was Observed That Tax Was Not Deducted On Certain Expenses Debited In Profit & Loss. The Assessing Officer Called For The Tax Audit Report In Form No. 3 Cd & Observed That The Auditor Had Also Pointed

Section 145(1)Section 201Section 201(1)Section 40a