Tag: disallowance u/s 40(a)(ia)
AMC charges not fee for technical services – No ITAT deletes disallowance u/s 40(a)(ia) In a recent judgment, ITAT has deleted disallowance u/s 40(a)(ia) holding that payment of AMC charges to a foreign company is not a fee for technical services and no tax at source is deductible …
Minimum hotel room occupancy guarantee payments by OYO not liable to TDS u/s 194C – ITAT In a recent judgment ITAT has held that minimum hotel room occupancy guarantee payments by OYO rooms was not liable to TDS u/s 194C as payment to contractor ABCAUS Case Law Citation:ABCAUS …
No furnishing transporters declaration u/s 194C(7) does not mean non compliance of section 194C(6) leading to disallowance u/s 40(a)(ia) – ITAT ABCAUS Case Law Citation:ABCAUS 3727 (2023) (05) ITAT Important Case Laws relied upon:Sunbeam Auto Ltd. 332 ITR 167 In the instant case, the assessee had challenged the …
No liability for TDS when buyers deducted commission and remit only net amount – ITAT quashed disallowance u/s 40(a)(ia) ABCAUS Case Law Citation:ABCAUS 3709 (2023) (04) ITAT Important Case Laws relied upon:CIT vs. Super Religare Laboratories Ltd. 133 taxmann.com 313 (Bombay) In the instant case, the assessee had …
TDS not applicable on payment of bank guarantee commission to bank listed in second schedule to RBI Act as there is no element of agency ABCAUS Case Law CitationABCAUS 3580 (2022) (02) ITAT Important case law relied referred:Kotak Securities Ltd. Vs. DCIT 18 taxmann.com 48 (Mum.) TDS not …
No disallowance u/s 40(a)(ia) for merely not filing Form 26A before Assessing Officer. Once content of Form-26A not disputed, assessee entitled to benefit ABCAUS Case Law Citation:ABCAUS 3220 (2020) (01) ITAT Important case law relied upon by the parties:New Alignment Vs ITO(2016)69 Taxmann.com 122(Kol)CIT Vs Ansal Land Mark …
No disallowance u/s 40(a)(ia) for short deduction of TDS made at less than prescribed rates. ITAT deleted addition following various judgments of High Courts. ABCAUS Case Law Citation:ABCAUS 3076 (2019) (07) ITAT DCIT vs. Chandabhoy reported in (2012) 17 taxmann. Com 158 (Mum.)CIT-LTU vs. HewlettPackard India Sales (P.) …
Failure to comply u/s 194C(7) does not resurrect liability u/s 194C(6), Section 194C(7) and section 194C(6) are independent to each other ABCAUS Case Law Citation: ABCAUS 3040 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: ACIT vs Mohammed Suhail The instant appeal was filed by …
On statutory disallowances u/s 40(a)(ia) 40A(3) there cannot be any penalty u/s 271(1)(c) especially when assessee not claimed deduction of these expenses ABCAUS Case Law Citation: ABCAUS 3016 (2019) (06) ITAT Important Case Laws Cited/relied upon by the parties: CIT v. Manjunatha Cotton & Ginning Factory, 359 ITR …
Make My Trip was not liable to deduct TDS on gateway charges payments to Banks – High Court upheld ITAT action in deleting addition u/s 40(a)(ia) ABCAUS Case Law Citation: ABCAUS 2850 (2019) (03) HC Important Case Laws Cited/relied upon by the parties Commissioner of Income Tax v …
