2016 (2) TMI 420 - ITAT DELHI
Shri Chander Shekhar Aggarwal Versus ACIT, Circle 37 (1) , New Delhi.
Entitlement to credit of the entire TDS offered - in the opinion of the revenue, the assessee would not be entitled to credit of the entire TDS of ₹ 10/- but would be entitled to proportionate credit only - Held that - Auppose as assessee who is following cash system of accounting raises an invoice of ₹ 100/- in respect of which deductor deducts TDS of ₹ 10/- and deposits to the account of the Central Government. Accordingly, the assessee would offer an income of ₹ 10/- and claim TDS of ₹ 10/-. However in the opinion of the revenue, the assessee would not be entit ....... - .......
2014 (8) TMI 807 - ITAT MUMBAI
DCIT 25(3), 308, C-11, Mumbai Versus Shri Rajeev G. Kalathil
Non-genuine purchases Documentary evidences ignored Supplier declared as hawala dealer Held that - AO had made the addition as one of the suppliers was declared a hawala dealer by the VAT Department - it was a good starting point for making further investigation and take it to logical end - he left the job at initial point itself - Suspicion of highest degree cannot take place of evidence - He could have called for the details of the bank accounts of the suppliers to find out as whether there was any immediate cash withdrawal from their account - no such exercise was done - Transportation of g ....... - .......
2014 (9) TMI 520 - ANDHRA PRADESH HIGH COURT
M/s. D. Ramakotaiah & Co. Versus Assistant commissioner of Income Tax
TDS Credit - treatment of TDS as income - relevant assessment year - Whether the Tribunal is right in holding that the assessee is not entitled to the credit of tax deducted at source on the amounts paid on sub- contract works Held that - At the time when the amounts were deducted by the principal while making payments to the subcontractors, the amounts were deducted at 2 towards TDS u/s 194C of the Act giving effect to the orders of the Tribunal, AO had deleted the amount relating to the TDS which was treated as the income of the assessee u/s 198 of the Act - The amount deducted initially as ....... - .......
2015 (3) TMI 221 - ITAT MUMBAI
LSG Sky Chef (India) (P.) Ltd. Versus Deputy Commissioner of Income-tax
Short credit of the tax deducted at source - Held that - Though Form 26AS (r/w r.31AB and ss. 203AA and 206C(5)) represents a part of a wholesome procedure designed by the Revenue for accounting of TDS (and TCS), the burden of proving as to why the said Form (Statement) does not reflect the details of the entire tax deducted at source for and on behalf of a deductee cannot be placed on an assessee-deductee. The assessee, by furnishing the TDS certificate/s bearing the full details of the tax deducted at source, credit for which is being claimed, has in our view discharged the primary onus on i ....... - .......
2012 (6) TMI 328 - ITAT DELHI
Pizza Hut International LLC C/o Dinesh Mehta & Co. Versus Deputy Director of Income-tax, Circle 2(1), International Taxation
DTAA between India and USA - Royalty income - taxability on gross basis or net basis - assessee opted for the provision contained under article 12 of DTAA contemplating taxation 15 of the gross amounts of royalties - Held that - Term Gross amounts has not been defined in the treaty. In common parlance, these words mean the amount received alongwith tax deducted etc. at source. Also, section 198, provides that all sums deducted in accordance with the provisions of chapter XVII shall be deemed to be income received for computing the income of an assessee. Thus, expression gross amount includes w ....... - .......
2011 (3) TMI 202 - ITAT MUMBAI
Karan Johar Versus Deputy Commissioner of Income-tax, Circle 31, Mumbai
Disallowance - It was in the knowledge of the assessee that they have to bear the withholding tax liability even though Tata Elxsi has appointed DLF, a non resident concern for executing the work - it is clear that what is being paid by the Indian resident payer, be it TATA Elxsi or the assessee when they reimburse TATA Elxsi, is only the income of the Non Resident payable as tax to the India Government - Held that - Whenever Payer bears the withholding tax, such amount is deemed to be the income of the assessee and the tax to be paid is grossed up - TDS borne by the Resident Indian payer is t ....... - .......
2010 (12) TMI 334 - ITAT, CHENNAI
ITO Versus Shri Anupallavi Finance & Investments
Non recognition of TDS as Income - Accrual basis of account - Claim of credit of TDS - Where tax has been deducted at source and paid to the Central Government and income is assessable over a number of years, credit for tax deducted at source shall be allowed across those years in the same proportion in which the income is assessable to tax - Held that - where the course yielded by plain common sense matches with that statutorily provided, i.e., allow credit for TDS against the corresponding income on its assessment, so that even the absence of section 199 would yield the said course ....... - .......
2010 (8) TMI 756 - ITAT AHMEDABAD
Income-tax Officer, Ward-4(3), Ahmedabad Versus Hans Road Carriers (P.) Ltd.
....... - ...... the amount of the gross freight and then freight paid to truck operator/owner separately, the claim of TDS cannot be denied to the assessee... 5.1 The view expressed by the Respected Co-ordinate Bench also buttress our humble understanding of law, as also supports the reasons assigned hereinabove, hence resultantly we find no force in the ground of the Revenue, therefore, hereby dismissed. 6. In the result, the appeal of the revenue is dismissed.
2009 (2) TMI 243 - ITAT DELHI-G
Satoru Tanaka. Versus Assistant Commissioner Of Income-Tax.
....... - ...... accordance with provisions of the statute. Therefore, the said section has no application in this case. For all the reasons, we hold that Revenue authorities were wrong in bringing the amount in dispute to tax in the hands of the assessee. 10. In the light of above discussion, we hold that amount in question has been wrongly assessed in the hands of the assessee. Accordingly, impugned orders are set aside and appeals of the assessee are allowed.
2008 (4) TMI 141 - GUJARAT HIGH COURT
AMICHAND INVESTMENT PVT. LTD. Versus DEPUTY COMMISSIONER OF INCOME-TAX (ASSTT.)
Book Profit - AO contend that T.D.S. on dividend had wrongly been excluded while showing the income from dividend - Accounting Standard come w.e.f. 1.4.95 - Therefore, the said Accounting Standard cannot have any role to play in interpreting the provisions of the Act of the. F.Y. ended on 31.3.88 - in view of non-obstante clause of sec. 115J, reference can t be ....... - .......
2006 (7) TMI 107 - DELHI HIGH COURT
COMMISSIONER OF INCOME-TAX Versus ADIDAS INDIA MARKETING
In case deductor fails to deduct tax at source, the deductee only would be liable to pay income tax on the amount received by him as income Hence revenue is not justified to seek to levy interest for any period after the date on which the tax is actually paid
2005 (9) TMI 226 - ITAT BOMBAY-F
Smt. Varsha G. Salunke. Versus Deputy Commissioner Of Income-tax, Circle 31 (1).
....... - ...... e has not been returned by her as a result of the method of accounting employed. The credit shall be carried forward and the assessee will get the credit for the present TDS certificates in the year in which she offers the income taxed on the basis of the method of accounting regularly employed. 3. The assessing authority is therefore directed to modify the assessment accordingly. 4. In result, this appeal filed by the assessee is partly allowed.
2004 (6) TMI 289 - ITAT HYDERABAD-B
Stallion Securities Ltd. Versus Income-Tax Officer.
....... - ...... on equitable consideration, we are of the firm view that though the dividend income was assessed to tax in the preceding assessment year, going by the legal position with regard to the year of assessability of dividend income, the assessee is entitled to claim credit for the TDS in terms of section 199 of the Act in the assessment year 1995-96. The Assessing Officer is directed accordingly. 6. In the result, the appeal of the assessee is allowed.
1994 (4) TMI 67 - BOMBAY High Court
Commissioner Of Income-Tax Versus Ambalal Kilachand
....... - ...... tax deducted by the companies in the United Kingdom and paid into the Treasury in the United Kingdom after deducting the same from the dividends and interest on securities paid to the assessee in the United Kingdom, is includible in the chargeable income of the assessee ? This question is answered in the negative and in favour of the assessee. In the circumstances, there will be no order as to costs in both the matters. Certified copy expedited.
1990 (1) TMI 123 - ITAT GAUHATI
Daljit Family Trust. Versus Income-Tax Officer.
....... - ...... that the amount of tax deducted at Sikkim should be allowed as deduction being an expenditure, cannot be accepted. Therefore, we direct that the net amount of the lottery money only should be included in the taxable income of the assessee for the year under consideration. The ITO would give effect to this order and allow admissible relief to the assessee. 7. In the result, the appeal by the assessee is treated as allowed for statistical purposes