2013 (12) TMI 526 - ITAT MUMBAI
M/s. Pasupati Capital Services (P) Ltd. Versus The ACIT
Disallowance u/s. 40(a)(ia) – Leaseline and transaction charges - Held that:- Following DCIT Vs Sonal Shares & Stock Brokers (P) Ltd [2010 (2) TMI 910 - ITAT, Mumbai] - The stock exchange do not provide any technical services by installing VSAT net ......
2013 (12) TMI 294 - ITAT BANGALORE
Deputy Commissioner of Income-tax Versus Ray + Keshavan Design Associates P. Ltd.
Bad debts written off – Held that:- Prior to April 1, 1989, the assessee had to establish the debts have become bad and cannot be recovered in any case but after amendment to section 36(1)(vii) – The word “establish” has been deleted - Following T. ......
2013 (11) TMI 1263 - ITAT PUNE
Bharat Forge Ltd. Versus Addl. Commissioner of Income Tax
Tax Deducted at Source - Sitting Fees paid to directors u/s 194J of Income Tax Act, 1961 - Held that:- The provisions of section 194J(1)(ba) speaks of any remuneration or fees or commission by whatever name called other than those on which tax is de ......
2013 (11) TMI 1237 - ITAT JODHPUR
M/s Oil India Limited Versus Dy. CIT. (TDS), Jodhpur
TDS u/s 194C or 194J - assessee engaged the contractors having the expertise in the respective fields - nature of contract - simple works contract or technical services contract - Held that:- Assessing Officer was not justified in treating the cont ......
2013 (11) TMI 926 - ITAT JODHPUR
ACIT [TDS]Udaipur Versus Chambal Fertilizers & Chemicals Ltd.
Assessee in default u/s 201 - TDS u/s 194C or 194J - Assessee deducted Tax u/s 194C - Technical service - Default u/s 201(1) - Onus to prove - Held that:- The assessee company needs gas as feed-stock [i.e. the raw material] for manufacturing the che ......
2013 (11) TMI 681 - ITAT HYDERABAD
M/s. Karvy Computer-Share Pvt. Ltd. Versus The Asst. CIT Circle-2 (1) Hyderabad
Rectification of order u/s 254 [2013 (6) TMI 352 - ITAT Hyderabad] - Deduction of TDS u/s 194J of the Income tax Act - Payment to NSDL/CDSL is in the nature of professional services, the provisions of sec. 194J are attracted and tax was deductible at ......
2013 (11) TMI 571 - ITAT JAIPUR
M/s UNIQUE BUILDERS & DEVELOPERS (AJAY) Versus DEPUTY COMMISSIONER OF INCOME TAX
Genuineness of expenditure – Allowability of expenditure - Whether expenditure claimed by the assessee is exclusively for the business purposes and is reasonable - Held that:- AO has not doubted that said amount of Rs. 75,99,364/- was paid to Asipac ......
2013 (11) TMI 371 - ITAT AHMEDABAD
Gujarat Fluorochemicals Limited Versus Vs ACIT (TDS) Circle, Baroda and ITO (TDS) Versus Vs Gujarat Fluorochemicals Limited
Whether the payment of “discount” and “rebate” was subject to deduction of TDS – There was “agency agreement” and the “agreement for the appointment of consignment stockist” - In addition to the commission the company at it’s discretion allow an annu ......
2013 (11) TMI 359 - ITAT MUMBAI
INCOME TAX OFFICER Versus LKP SECURITIES LTD
Disallowance u/s 37 - Fines and penalties - Hed that:- Revenue has not specified any specific violation of any provision of law, so that it is difficult to understand the basis of its case. Clearly, the various defaults or deficiencies, which stand t ......
2013 (10) TMI 595 - ITAT DELHI
ASSTT COMMISSIONER OF INCOME TAX RANGE-2, GHAZIABAD Versus SHRI PANKAJ BHARGAVA
TDS u/s 194J or 194C - disallowance u/s 40(1)(ia) - Specialized works involving computer job work, marking of landmarks & door to door collection of information - Works contract or professional / technical services services - Held that:- The bare per ......
2013 (10) TMI 546 - ITAT MUMBAI
M/s. Darashaw & Company Pvt. Ltd Versus The DCIT, Range 4(1), Mumbai
Disallowance u/s 40(a)(ia) - VSAT & transaction charges paid to Stock Exchange - Held that:- liability of TDS exists u/s. 194J in respect of transaction charges only. (i) that the assessee was liable to deduct tax at source before crediting the trans ......
2013 (9) TMI 671 - ITAT CHANDIGARH
Deputy Commissioner of Income-tax (TDS) Versus Ivy Health Life Sciences P. Ltd.
TDS u/s 192 or u/s 194J of the Income Tax Act - Payment to professional doctors - Assessee had deducted tax of Rs. 11,67,399.40 under section 194J of the Act, whereas AO demanded the tax of Rs. 27,98,169.69 under section 192 of the Act - Default unde ......
2013 (9) TMI 368 - ITAT DELHI
Bharti Hexacom Ltd. Versus Commissioner of Income-tax
Revision u/s 263 - erroneous or prejudicial to revenue order - Disallowance of Free Airtime to Distributors u/s 40(a)(ia) – Held that:- The issue had not at all been examined by the Assessing Officer in the course of assessment proceedings for the as ......
2013 (9) TMI 263 - ITAT MUMBAI
M/s BHARTI AIRTEL LTD Versus ASSTT COMMISSIONER OF INCOME TAX
TDS u/s 194H – Tax deduction at source in relation of the margin money allowed by the assessee to the distributors on supply of pre paid Sim cards and recharge coupons - The assessee is rendering mobile telephone services to the customers through app ......
2013 (9) TMI 193 - ITAT MUMBAI
Sonic Biochem Extractions (P) Versus Income Tax Officer 7(2)(4)Mumbai
Disallowance of provident fund amount and of employees State insurance corporation as these were paid belately i.e after due date of payment – Held that:- Seen from the chart prepared in the Assessing Officers order, most of the payments were paid ......