2016 (1) TMI 1028 - ITAT CHENNAI
The Asstt. Commissioner of Income-tax Company Circle II (3) /Dy. Commissioner of Income-tax Corporate Circle 2 (1) Chennai Versus M/s The India Cements Ltd
Addition on reversal of income arising on cancellation of sales tax assignment - Held that - The reversal of the amount on cancellation of such assignment consequent upon the amalgamation of M/s Visaka Cement Industry Ltd with assessee-company is only a loss in the course of normal business, therefore, as rightly found by the CIT(A), it has to be allowed. The loss resulted to the assessee is due to cancellation of assignment of sales tax deferred.....
2016 (1) TMI 664 - ITAT JAIPUR
M/s Gupta Fabtex Pvt Ltd Versus Deputy Commissioner Of Income Tax (TDS) , Jaipur
TDS u/s 194-I - development charges paid by the assessee to Rajasthan State Industrial Development and Investment Corporation Limited (RIICO) towards allotment of land on lease of 99 years - whether payment of development charges paid was for acquisition of leasehold rights or for use of land? - Held that - ease document has used the Development charges and Economic rent to be payable by the assessee. As the document has used two different phrase.....
2015 (12) TMI 984 - DELHI HIGH COURT
Commissioner of Income Tax-TDS Versus The Indian News Paper Society
TDS u/s 194I - Lease premium for the land given on lease - whether is in the nature of a capital expense not falling within the ambit of Section 194I - Held that - In Durga Khanna v. Commissioner of Income Tax 1969 (1) TMI 1 - SUPREME Court the Supreme Court held that, prima facie, premium or salami was not income and the onus was on the Revenue to show that facts existed which would make it a revenue payment. As far as the present case is concer.....
2016 (1) TMI 536 - ITAT KOLKATA
Income Tax Officer Ward-2 (4) , Kolkata Versus Systems Incorproate Pvt Ltd, Kolkata
Addition undisclosed receipts - CIT(A) deleted the addition - Held that - The amounts in question have already been shown and included in the gross receipts of the assessee in the earlier assessment year and in the absence of any thing contrary being brought to our notice by the learned DR , We are of the view that the addition made by the AO was rightly deleted by CIT(A). - Decided in favour of assessee BR BR Disallowance u/s 40(a)(ia) - CIT(A) .....
2015 (12) TMI 1469 - KARNATAKA HIGH COURT
Commissioner of Income Tax, TDS, Tax Recovery Officer (TDS) Versus M/s Bharat Hotels Ltd.
TDS u/s 194I - assessee in default - Whether the Tribunal was correct in holding that the order passed under Section 201(1) and 201(1A) for the assessment year 2002-03 is barred by limitation? - Held that - In the memorandum explaining the provisions in the Finance (II) Bill, 2009, it was clearly stated that to provide sufficient time for pending cases, it is proposed to provide that such proceedings for a financial year beginning from 1st April,.....
2015 (11) TMI 1377 - ITAT MUMBAI
Income Tax Officer (TDS) - 2 (5) , Mumbai Versus M/s. Oriental Bank of Commerce
TDS u/s 194I - amount paid by the assessee bank (the lessee) to City Industrial Development Corporation (MMRDA) (Lessor) - whether not in the nature of rent ? - Held that - The provisions of section 194-I are not applicable to the facts of the present appeal to deduct TDS on the lease premium paid by the assessee. The payment to MMRDA is for additional built up area and also for granting fee of FSI and such payments cannot be equated to rent, thu.....
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 679 - ITAT MUMBAI
DCIT-2 (2) , Mumbai Versus M/s Manilal Patel Clearing Forwarding Pvt. Ltd. and ITO (TDS) (OSD) -Range-2, Mumbai Versus M/s Manilal Patel Clearing Forwarding Pvt. Ltd.
TDS U/S 194J and 194I - tds not deducted on dock fees and airport terminal charges and cargo handling charges - Held that - The stand of the Assessing Officer is that since the total reserves exceeds the investment in securities, income from which is exempt, therefore, it can be presumed that investment were out of borrowed funds. However, the investments were made by the assessee over the years and the total reserves in the respective years were.....
2015 (12) TMI 28 - ITAT MUMBAI
Dy. Commissioner of Income Tax Versus Lodha Crown Build Mart Pvt. Ltd.
TDS u/s 194I - non deduction of TDS - assessee in default - agreement of lease and the nature of payment of rent - CIT(A) deleted the disallowance - Held that - The Tribunal has been taking a consistent view after taking into consideration the agreement of lease and the nature of payment and also the scope and ambit of definition of rent as given in section 194I, that no TDS is required to be deducted on such a premium paid for acquisition of rig.....
2016 (1) TMI 566 - ITAT MUMBAI
Income Tax Officer (TDS) 2 (5) , Mumbai Versus M/s Progressive Civil Engineers Private Limited,
TDS u/s 194I - non deduction of TDS on the amount paid to the lessor towards lease premium - whether the said amount paid was not in nature of rent covered u/s 194I? - CIT(A) delted the addition - Held that - We have observed that the assessee company has made payment to CIDCO towards lease premium for plot no 166 in Sector 27 of Belapuron on 5.5.2009 which is leased to the assessee company by CIDCO for 60 years , which in our considered opinion .....
2015 (11) TMI 1448 - ITAT JAIPUR
M/s. Ajit & Company Versus The ITO, Ward 2 (1) , Jaipur.
TDS u/s 194I - non deduction of TDS - as contended by the assessee that the agreement is neither a Rent Agreement nor an agreement to take the cinema hall for exhibiting the film nor it was an agreement to take on rent the plant and machinery installed in the cinema hall but was an agreement for conducting of business and for the purpose of ensuring and boosting the business of film exhibition by M/s. Show Time Entertainment Pvt. Ltd the said agr.....
2015 (11) TMI 638 - ITAT KOLKATA
Income Tax Officer, Kolkata Versus M/s Ashok Trading Company
TDS u/s 194C - disallowance u/s 40(a)(ia) - non deduction of TDS on Transport Charges - Held that - The reasoning of the Hon ble Supreme Court in the case of Alom Extrusions Ltd (2009 (11) TMI 27 - SUPREME COURT) will equally to the amendment to Sec.40(a)(ia) of the Act whereby a second proviso was inserted in sub-clause (ia) of clause (a) of Section 40 by the Finance Act, 2012, w.e.f. 1-4-2013. The provisions are intended to remove hardship. It .....
2015 (10) TMI 259 - DELHI HIGH COURT
Director of Income Tax-I, PR. Commissioner of Income Tax Versus Mitchell Drilling International Pvt. Ltd.
Computation of the taxable income under Section 44BB - Whether the amount of service tax collected by the Assessee from its various clients should have been included in gross receipt while computing income? - Held that - The Court concurs with the decision of the High Court of Uttarakhand in DIT v. Schlumberger Asia Services Ltd (2009 (7) TMI 51 - UTTARAKHAND HIGH COURT) which held that the reimbursement received by the Assessee of the customs du.....
2015 (10) TMI 2241 - ITAT PUNE
Ascott Translinks India Pvt. Ltd., Mico Car Services (I) Pvt. Ltd. Versus DCIT, Circle – 1 (1) , Pune and Others
Non deduction of TDS on the payments made for hiring the cars u/s 194 (C) - disallowance u/s. 40(a)(ia) - Held that - In the present case, only condition (a) is satisfied, i.e. the assessee is a contractor. So far as the conditions mentioned in (b), (c) and (d) are concerned, none of the conditions apply in the present case. Thus, the provisions of section 194C are not attracted and thus, the assessee is clearly outside its preview. BR BR Whether.....
2015 (11) TMI 1451 - ITAT CHENNAI
Vodafone Cellular Limited Versus The Deputy Commissioner of Income Tax TDS Circle, Coimbatore
TDS u/s 194C OR 194J - whether services provided for payments made for supply of personnel would be technical service u/s.194J or mere contract u/s.194C? - Held that - Taking note that the word technical is preceded by the word managerial and succeeded by the word consultancy in CIT vs. Bharti Cellular Ltd (2008 (10) TMI 321 - DELHI HIGH COURT) held that the rule of noscitur a sociis is clearly applicable and this would mean that the word technic.....