2016 (2) TMI 350 - ITAT MUMBAI
Income Tax Officer (OSD) (TDS) -1 (3) , Mumbai Versus DWD Pharmaceuticals Pvt. Ltd.
TDS u/s 194C - whether the assessee is not liable to deduct tax at source u/s 194C in respect of contract manufacturing? - Held that - In the present case, the assessee has purchased goods manufactured by the third party and payments made towards goods purchased by assessee. In the section 194C, there is no whisper about the goods purchased from other person and TDS is to be deducted on this payment. BR BR The Hon ble Supreme Court also made clea.....
2016 (2) TMI 40 - ITAT PUNE
M/s. R.K. Enterprises Versus The Income Tax Officer
Non deduction of tds u/s 194C - payments made to the labourers. - Held that - We find no merit in the submissions of the assessee that the provisions of section 40(a)(ia) of the Act are applicable only to the amounts which are outstanding or remaining payable at the end of every year i.e. 31st March. The Pune Bench of Tribunal has consistently taken a view that the provisions of section 40(a)(ia) of the Act are applicable to the amounts irrespect.....
2015 (12) TMI 1328 - ITAT CHENNAI
M/s Roca Bathroom Products Pvt. Ltd. (Formerly Parryware Roca Pvt. Ltd.) , The Deputy Commissioner of Income Tax Versus The Joint Commissioner of Income Tax, The Assistant Commissioner of Income Tax (LTU) , M/s Parryware Roca Pvt. Ltd.
TPA - Method of determination of arm s length price (ALP) - Transfer Pricing Officer confused himself in characterization of the assessee s functions as captive, routine, full-fledged distributor at one place and routine distributor in another place. The Transfer Pricing Officer is also characterizing the assessee as an agent in one place and captive distributor and agent in another place. - Held that - In view of the misunderstanding of the fact.....
2016 (1) TMI 753 - ITAT KOLKATA
Income-Tax Officer, Ward-7 (2) , Kolkata Versus M/s Winsome Breweries Ltd.
TDS u/s 194C - disallowance of job work charges without deduction of TDS - CIT(A) deleted the addition - Held that - See case of BDA Ltd. vs. ITO (TDS) (2004 (3) TMI 11 - BOMBAY High Court ), wherein it is held that supply of printed materials constitutes sale under the sale of Goods Act; and section 194C of the Act is not applicable. In that case it was held that supply of printed packaging labels merely because the printing was done as per requ.....
2016 (1) TMI 662 - ITAT KOLKATA
Income Tax Officer Versus M/s Intelsys Technologies Pvt Ltd
TDS u/s 194C - Addition on account of payment of software charges without making TDS - CIT(A) deleted the addition - Held that - All the relevant details were available before AO but he has not exercised his power to verify the purchase bills. The AO has just only treated the purchase transaction as software development charges on premise and on the basis of nomenclature shown in financial statement of assessee. It is pertinent to note that merel.....
2016 (1) TMI 986 - ITAT AHMEDABAD
DCIT, (OSD) , Circle-8, Ahmedabad Versus M/s Vibrant Advertising Pvt. Ltd.
Non deducting of TDS on payment to non-media entity - CIT(A) deleted the addition - Held that - In the payment which the assessee is making to Radiant Media, the profit element is only in 1 of the payment and if at all the tax is to be deducted it should be deducted on that amount. The assessee has given the details of all the bills filed before the CIT(A) which show that out of the payment of ₹ 8,64,572/- paid by the assessee to the Radian.....
2016 (1) TMI 371 - PUNJAB AND HARYANA HIGH COURT
The Commissioner of Income Tax (TDS) , Chandigarh Versus General Manager, Haryana Roadways, Hisar
Tds u/s 194C - failure to deduct tds - contract with Haryana Roadways Engineering Corporation Ltd. for fabrication of bodies of buses - demand created by the A.O. u/s 201(1) and 201 (1A) - Held that - As decided in Commissioner of Income Tax (TDS), Chandigarh v. General Manager, Haryana Roadways, Hisar 2010 (4) TMI 295 - PUNJAB & HARYANA HIGH COURT from the categorical findings, it is evident that Haryana Roadways did not purchase any bus cha.....
2015 (12) TMI 506 - ITAT DELHI
Income Tax Officer Versus Sh. Arun Kumar
TDS u/s 194C - non-deduction of TDS on air freight charges - addition u/s 40(a)(ia) - CIT(A) deleted the addition - Held that - The assessee made the payment on account of reimbursement of the air freight expenses and nothing was payable at the year end. Therefore, the disallowance made by the AO was rightly deleted by the ld. CIT(A). Similarly the disallowance on account of sea freight was wrongly made by the AO by invoking the provisions of Sec.....
2015 (12) TMI 399 - ITAT MUMBAI
ITO- 24 (3) (1) , Mumbai Versus Shri Gopal S. Rajput, Prop. M/s Express Transport
TDS u/s 194C - Addition made by the AO u/s 40(a)(ia) - non deduction of tds on the transportation charges - CIT(A) deleted the addition - Held that - The contracts envisages in Section 194C of the Act are not limited to written contracts and all payments made in pursuance of written, oral, implied or quasi contracts are covered u/s 194C of the Act. Thus, a contract need not be in writing; even an oral , implied or quasi contract is good enough to.....
2016 (1) TMI 496 - ITAT HYDERABAD
M/s BHARATI AIRTEL LTD Versus DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-14 (1) , HYDERABAD
Selection of TDS rates - TDS u/s 194C OR 194J - Rectification of mistake - assessee submitted that instead of remitting the mater back to the file of the Assessing Officer, the Tribunal could have decided the issue on the basis of facts and material available on record - Held that - On a perusal of the finding of the Tribunal it is seen that the Tribunal, after analysing the terms of the agreement between the assessee and the service provider and.....
2015 (12) TMI 294 - ITAT KOLKATA
DCIT, Cir-8, Kolkata Versus M/s. Fives Stein India Projects Pvt. Ltd
Disallowance of bad debts written off - Held that - The transactions involved were true and genuine. They had also held that the advances had been made during the course of the business and they had become irrecoverable as bad debts and hence the assessee was entitled to the benefit under section 36(1). The question as to whether a debt had become bad or not was a pure question of fact and, therefore, it could not be construed as a question of La.....
2015 (12) TMI 1170 - ITAT MUMBAI
Pfizer Limited Versus ACIT Range 8 (2) , Mumbai
Transfer pricing adjustment - international transactions of provision of support services in respect of Clinical Study Management and Monitoring Support Services - Held that - While deciding this issue, the DRP has not given detailed reasoning to arrive at its conclusion. The real issues raised by the assessee in detailed submissions filed before the DRP have not been dealt with properly. It appears that the DRP could not properly appreciate the .....
2016 (2) TMI 79 - ITAT COCHIN
M/s Kairali Steels & Alloys (P) Ltd. Versus Joint Commissioner of Income Tax (Osd) , Circle-1 (2) , Kochi
Non deduction of tds - disallowance of lorry hire charges under section 40(a)(ia) - TDS u/s 194I or u/s 194C - Held that - The vehicle owner/driver had to carry out the transportation of goods and the same was not done by the assessee. In view thereof, we have no hesitation to hold that the provisions of section 194C of the Act are correctly applied by the Revenue - Decided against revenue BR BR It is pertinent to mention that the ITAT, Cochin Be.....
2016 (1) TMI 614 - ITAT AHMEDABAD
Prakashkumar Bhagchandbhai Khatri Versus Asstt. CIT, B.K. Circle, Palanpur
TDS u/s 194C - non deduction of tds - payment of preservation charges - Held that - It is an undisputed fact that Assessee has paid preservation charges to the cold storage, the aggregate of the payments/credit to the account. During the relevant time, subsection (5) and proviso of Section 194C provided that no deduction of TDS was required from the amounts paid or credited if the sum did not exceed ₹ 20,000/- or the aggregate of the amount.....
2015 (12) TMI 507 - ITAT COCHIN
The Assistant Commissioner of Income-Tax Versus M/s Kip Construction Company
Disallowance of expenses - 1 of total expenses by CIT(A) instead of 10 made on account of inflation of expenses relating to earth work, excavation, filling and leveling by AO - Held that - there is every possibility of leakage of the revenue on account of various work done along with labour payments declared by the assessee. Accordingly, the Ld. CIT(A) is not justified in restricting the addition to 1 instead of 10 of expenditure disallowed by th.....