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Search Text: tds amc medical equipment

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Case-Laws (30) News (4)

2023 (5) TMI 1205 - ITAT CHENNAI
  Case Laws

TDS u/s 194C or 192 - short deduction of TDS u/s. 201(1) and interest thereon u/s. 201(1A) - remuneration paid to the consultant doctors - existence of employer and employee relationship - when the engagement of the services of the doctors can be seen to be in the nature of employment? - survey team observed that there exists an employer and employee relationship between consultant doctors and the appellant and thus, the assessee should have deducted TDS u/s. 192 for payment made to the consulta... ... ...

2017 (10) TMI 1078 - ITAT MUMBAI
  Case Laws

TDS u/s 194C OR 194J - TDS on maintenance of specialized machines in hospitals for skilled professionals/ technical engineers - short deduction of tds - Held that:- The expenditure on account of AMC of medical equipments etc., is not in the nature of fee for professional and technical services as construed u/s 194J of the Act and hence, not liable to deduct TDS u/s 194J of the Act. The assessee has deducted TDS u/s 194C of the Act in regard to payments on AMC of medical equipments and machines e... ... ...

2015 (10) TMI 2051 - ITAT MUMBAI
  Case Laws

Non deduction of TDS U/S 194J - payment made for hospitality services, doctor’s fees, annual maintenance contrary payment - revenue imposed tax u/s.201(1) and also charged interest u/s.201(1A) - AO did not accept assessee’s contention regarding its liability to deduct tax u/s.194C and held that the assessee was liable to deduct tax u/s.190J - Held that:- As decided in DCIT v. Parasrampuria Synthetics Ltd [2007 (11) TMI 436 - ITAT DELHI] the persons rendering certain services has only maintained ... ... ...

2013 (11) TMI 1263 - ITAT PUNE
  Case Laws

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 deductible u/s. 192 to a director of a company on which tax had to be deducted at the applicable rate and the above provision had been inserted by the Finance Act, 2012 w.e.f., 01- 07-2012 - No tax was required to be deducted u/s194J out of such directo... ... ...

2023 (4) TMI 1347 - ITAT RAJKOT
  Case Laws

TDS u/s 194C or 194J - assessee had made payment of operation and maintenance charges and AMC charges - HELD THAT:- A perusal of the terms of contract shows that the services are primarily in the nature of greasing of bearings, spares repairs/replacement, repairs of major breakdowns, painting of equipment etc. Therefore, on perusal of the terms of the contract, the services, in our considered view are primarily are in the nature of operation and maintenance of windmills and per se no technical s... ... ...

FICCI PRE-BUDGET MEMORANDUM 2018-2019
  News

A pre-budget memorandum by FICCI for 2018-2019 highlights various economic and sectoral issues, emphasizing the need for tax reforms to stimulate growth. Key recommendations include reducing corporate tax rates to 25% for all companies, addressing the inverted duty structure in manufacturing, and expanding GST to include petroleum products. The memorandum advocates for rationalizing GST compliance, enhancing tax incentives for sectors like healthcare and housing, and improving the ease of doing business. It also calls for clarity on tax provisions affecting sectors such as IT, telecommunications, and financial services, and suggests measures to support MSMEs and infrastructure development.

2014 (5) TMI 82 - ITAT MUMBAI
  Case Laws

Partial confirmation of addition u/s 250 of the Act – Confirmation of estimated gross profit – Held that:- There was no reason to uphold the additions on account of direct costs once the books of account has been rejected and the gross profit rate has been applied - there is no further requirement of disallowing the cost or purchases – the CIT(A) ought to have restricted the addition to the extent of estimate of gross profit when she has found that books of account are to be rejected and the tra... ... ...

2018 (8) TMI 1537 - MADHYA PRADESH HIGH COURT
  Case Laws

Winding up of respondent company under Section 433 (e) on the ground of inability to pay the debt - proof of bonafide debt - Held that:- As pointed out that since it is a BOT project with a concession period of 25 years, therefore, the entire cost of the project has been borne by the company which is to be recovered through toll collection during the concession period. Alongwith IA No. 3356/18, the respondent has filed the solvency certificate issued by State Bank of India and certificate of Cha... ... ...

2013 (3) TMI 287 - ITAT RAJKOT
  Case Laws

Annual maintenance contracts (AMC) - liable to TDS u/s 194C OR u/s 194J - TDS survey u/s 133A was carried out from 08-09-2008 to 16-09-2008 at the premises of the assessee - can TDS be once again recovered where the proper tax has been paid by the payees on such income? - Held that:- Perusal of annual maintenance contract between assessee and M/s Mcnally Bharat Engineering Company Ltd, OTIS Elevators, it is noticed that the AM contractor shall carry out all repairs as per detailed description in... ... ...

2024 (2) TMI 47 - ITAT DELHI
  Case Laws

TDS u/s 194J or u/s 194C - payments made towards maintenance of X-Ray machine and CVC machine - assessee in default u/s 201(1) - HELD THAT:- We observe that the contentions and the case laws relied on by the assessee was not considered by the CIT(A) in proper perspective. We also noticed that in the course of appellate proceedings assessee submitted that the assessee furnished return of income filed by the payee to show that the income has been accounted for in their returns and paid the tax due... ... ...

2019 (3) TMI 597 - BOMBAY HIGH COURT
  Case Laws

TDS u/s 194C OR 194J - payment to the pest control agency - HELD THAT:- CIT (Appeals) and the Tribunal have concurrently held that such a payment was not for any technical services provided by the agency. We do not find any error. This question therefore not considered. TDS u/s 192 or 194J - payments made by the assessee to Full Time Consultant Doctors - existence of employer-employee relationship between the assessee company and consultant doctors - categories of doctors had a fixed remuneratio... ... ...

2011 (11) TMI 469 - ITAT RAJKOT
  Case Laws

Annual maintenance contact, pilotage contract and vehicle hire contracts - 194C OR 194J and 194-I – Held that:-It is clear from agreement that they related to annual maintenance of machineries and not for technical services. The revenue in view of the fact that the contractors have utilized services of technical persons presumed that the assessee made payments for technical services. This presumption of revenue cannot be agreed. It may be technical services for contractor but not for the assesse... ... ...

2008 (10) TMI 653 - ITAT BANGALORE
  Case Laws

Challenged the Order passes u/s 263 - erroneous and prejudicial to the interests of revenue - Profit and Loss - HELD THAT:- From the records, it is seen that the AO had called for several details from the assessee relating to aforesaid loss. The assessee had filed necessary details enclosing with letters dated 11-11-2005 and 10-2-2006. Along with letter dated 11-10-2005 the assessee had enclosed balance-sheet as on March 31,2003 and Profit and Loss account for the year ending 31-3-2003. While de... ... ...

2024 (1) TMI 1131 - ITAT MUMBAI
  Case Laws

Credit of Dividend Distribution Tax u/s 115-O not granted - CIT(A) has upheld the order of the AO as per section 115O(4) of the Act, the tax on distributed profits shall be treated as the final payment of tax against the dividend declared and distributed and no further credit in respect of the amount of tax paid shall be claimed by the company or any other person - HELD THAT:- From the said observations of the CIT(A), it is clear that the credit is denied on the incorrect understanding of fact t... ... ...

2015 (10) TMI 2252 - ITAT MUMBAI
  Case Laws

Short deduction of tax at source - assessee in default - whether as per the terms of agreement with the FTCs Doctors, the tax was liable to be deducted as per section 194J of the Act or as per section 192? - Held that:- FTCs Doctors cannot be construed as employees of the assessee hospital but are independent Consultants, who undertake risk and reward of their medical profession. Mere presence of a clause prohibiting rendering of service to competing hospital would not alter the nature of profes... ... ...

2016 (6) TMI 891 - ITAT MUMBAI
  Case Laws

TDS u/s 194J OR 194C - Fees for technical services - TDS on enrollment expenses and AMC charges - TDs on payment for interconnect/port access charges - Held that:- “Fees for technical services” in section 194J of the Incometax Act, 1961, has the same meaning as given to the expression in Explanation 2 to section 9(1)(vii) of the Act. , that in the Explanation the expression “fees for technical services” means any consideration for rendering of any “managerial, technical or consultancy services”,... ... ...

Quick Insight of Income-tax implications for Financial Year 2022-23
  News

The Reserve Bank of India issued a circular detailing income-tax implications for the financial year 2022-23, following amendments in the Finance Act, 2022. Key highlights include unchanged income tax rates and cess for individuals under the normal and alternative tax regimes. The new tax regime under Section 115BAC requires individuals to forgo certain exemptions and deductions. Notable amendments include tax provisions for virtual digital assets, COVID-19 related medical expenses, and updated return filing procedures. The Finance Act also introduced new sections for TDS on virtual digital assets and benefits exceeding INR 20,000. Additionally, the TDS and TCS compliance calendar and rates for FY 2022-23 were outlined.

2022 (5) TMI 568 - CESTAT AHMEDABAD
  Case Laws

Levy of Service tax - Composite Maintenance Contract - erection and installation of water treatment plants its repair etc. - whether the activity carried out by the Appellant is taxable service under the management, maintenance or repair service as per department or the said activity is of conversion of portable water out of sea water and not attracting service tax? - benefit of cum-tax value - demand of penalty and interest - HELD THAT:- It can be seen from the definition of maintenance or repa... ... ...

2017 (1) TMI 664 - ITAT MUMBAI
  Case Laws

TDS u/s 194C OR 194J - whether work is of nature of professional or technical services - services provided by highly skilled / technical professionals - supply and installation of HT and LT electrical installation equipments - expenses incurred in respect of advertisement - production/designing of Artwork - services for effective and smooth working of the hospital - electrical installation and AMC thereof - Held that:- No infirmity in the well reasoned order passed by the ld. CIT(A) which we are... ... ...

Budget Speech 2015-2016
  News

The Union Budget for 2015-16, presented by the Finance Minister, outlines a positive economic outlook for India amidst global challenges. Key initiatives include empowering states as partners in growth, enhancing public expenditure for job creation, and poverty reduction. The government plans to implement GST by April 2016 and promote financial inclusion through the JAM Trinity. Efforts to curb inflation, improve infrastructure, and support sectors like agriculture, manufacturing, and digital connectivity are emphasized. Social security schemes for insurance and pensions are introduced, and measures to combat black money are proposed. The budget aims for fiscal discipline while boosting investment and growth.

 

 

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