Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

The ACIT-11 (1) , Mumbai Versus M/s. Hindustan Thompson Associates Pvt. Ltd.

2016 (7) TMI 1394 - ITAT MUMBAI

Short deduction of tax - addition u/s Sec. 40(a)(ia) - Held that:- As decided in assessee' own case for AY 2008-09 and 2009-10 [2016 (2) TMI 1147 - ITAT MUMBAI] provisions of Sec. 40(a)(ia) have no application when there is short deduction of tax - D .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

his appeal is filed by the Revenue against the order of the Ld. CIT(A)-3, Mumbai dated 4.8.2014 pertaining to assessment year 2010-11. 2. The Revenue has raised the following grounds of appeal: 1. Whether on facts and in circumstances of the case and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ied in holding that disallowance u/s. 40(a)(ia) of the I.T. Act cannot be made where the tax deducted at source is les than the amount deductible as per chapter XVIIB of the I.T. Act, 1961? 3. At the outset, the Ld. Counsel for the assessee submits t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

os. 6030/M/2012 dated 7.2.2014 & 746/M/2014 dated 19.2.2016. Placing reliance on these decisions, the Ld. Counsel for the assessee submits that the issue in appeal has been squarely covered in favour of the assessee in its own case therefore requ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

decision of the Co-ordinate Bench in assessee s own case for Assessment Years 2008-09 and 2009-10. The Co-ordinate Bench for the Assessment Year 2009-10 in ITA No. 746/M/2014 dated 19.02.2016 considered similar issue and held that provisions of Sec. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s held that deduction of TDS under wrong provision of law will not save assessee from disallowance u/s. 40(a)(ia)of the Act.However,the Kolkata High Court in the matter of Samir Tekriwal(supra), has held that expenses are not liable to be disallowed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t the Hon ble Bombay High Court has in the case of Ashok Kumar Parekh(186 IT R212)has dealt with the binding precedence of the High Court judgments.Here,we would also like to reproduce the a portion of the judgment delivered by the Hon ble Bombay Hig .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

diction he is (functioning), irrespective of the pendency of any appeal or special leave application against that judgment. He would equally be bound by a decision of another High Court on the point, because not to follow that decision would be to ca .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version