The Jodhpur Bench of Income Tax Appellate Tribunal (ITAT) has held that the assessee, the legal owner, is not required to TDS under Section 194C, where a declaration under Section 194C(6) along ...
WhatsApp: +86 18221755073INCOME TAX : Where assessee had taken a property on lease and as per lease deed it was required to pay rent and common area maintenance charges (CAM charges), since CAM charges were in nature of contractual payment towards electricity, water charges etc., same would be subjected to deduction of tax at source under section 194C at rate of 2 per cent
WhatsApp: +86 18221755073Jammu & Kashmir High Court M/S Oriental Stone Crusher vs Ut Of J&K & Ors on 4 June, 2021 Sr. No.265 Before Notice IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE) WP(C)No.968/2021 CM No.4009/2021 M/S ORIENTAL STONE CRUSHER …PETITIONER(S) Through: Mr. Parag Sharma, Advocate. Vs. UT of J&K …
WhatsApp: +86 18221755073SC granted SLP against HC's order denying stay on recovery of tax demand as 30% of demand had already been recovered 23 Aug 2024 ; Service of notice through ITBA portal is not valid service as specified under provisions of section 282(1): ITAT 23 Aug 2024 ; ITAT justified estimation of profit element at 5% on account of purchase from non-genuine parties …
WhatsApp: +86 18221755073The assessee replied that no tax was required to be deducted as the transaction was not covered by the provisions of section 194C and 194-I of the Act and he further pleaded …
WhatsApp: +86 18221755073The attempted change from Section 194I to Section 194C assessment was invalid absent an existing enforceable order. ITAT allowed assessee's appeal, holding CIT(A)'s …
WhatsApp: +86 18221755073194C and 194J (as per 26 AS) which are more than the receipts shown...verify the receipts u/s. ... section 194C and 194J are not attracted in the case of the appellant with reference to order of Hon'ble ITAT dated 15.6.2009 vide ITA Nos. 1095 to …
WhatsApp: +86 18221755073Accordingly by inserting Explanation III to section 194c w.e.f. 1.7.1995, the provisions relating to deduction of tax at source has been enlarged by bringing some of the service contracts within the provisions of Section 194C.
WhatsApp: +86 18221755073INCOME TAX: The Income Tax Appellate Tribunal (ITAT) ruled that if the Assessing Officer (AO) cannot establish the existence of a contract between the assessee and lorry …
WhatsApp: +86 18221755073ITAT Held. The Tribunal held that section 194C(7) provides that if a person who is responsible for paying or crediting sum to a contractor on which tax is not deducted in …
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WhatsApp: +86 18221755073Explore the ITAT Delhi order in Paramount Restaurants' appeal against National Faceless Appeal Centre's decision on TDS deduction for Common Maintenance Charges under section 194C. ... The AO observed that Common Area Maintenance charges were collected by mall owners from various units/shops and concluded that TDS should have been deducted at ...
WhatsApp: +86 18221755073ITAT is a quasi judicial institution set up in January, 1941 and specializes in dealing with appeals under the Direct Taxes Acts. The orders passed by the ITAT are final, an appeal lies to the High Court only if a substantial question of law arises for determination. Starting in 1941 with six Members constituting three Benches - one each at ...
WhatsApp: +86 18221755073The Tribunal noted that the Co-ordinate Bench of the Tribunal had held that once the appellant obtained PAN of the deductees, he was not required to deduct tax as per section …
WhatsApp: +86 18221755073S. 40(a)(ia)/ 194C/ 194J: Deduction u/s 194C instead of u/s 194J renders the shortfall liable for disallowance u/s 40(a)(ia) Dishnet Wireless Limited vs. DCIT (ITAT Chennai) S. 194C/ 194J: No obligation to deduct TDS at stage of making provision for expenditure if payee cannot be identified.
WhatsApp: +86 18221755073The assessee has deducted TDS u/s 194C of the Act in regard to payments on AMC of medical equipme...) holding that the provisions of 194C are applicable, as against the order of AO applying provisions of section 194J of the Act on the maintenance of specialized machines in hospitals for skilled...technical services falling u/s 194J of the Act ...
WhatsApp: +86 18221755073Understanding Section 194C amendments and important court judgments on section 40(a)(ia) of the Income Tax Act.
WhatsApp: +86 18221755073ITAT Mumbai held that notice issued under section 148 of the Income Tax Act and procedure adopted being per se illegal hence the notices deserves to be set aside/ quashed. ... Chemox Exports Imports Pvt. Ltd. Vs Income Tax Department Assessment Unit (ITAT Mumbai) Appeal Number : I.T.A. No. 3954/Mum/2024. Date of Judgement/Order : 17/10/2024 ...
WhatsApp: +86 18221755073to 3 to allow him to operate his stone crusher in view of S.O. 60. dated 23rd of February, 2021, whereby the Jammu and Kashmir Stone. Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021, have. been promulgated. 2. Learned counsel for the petitioner at the outset would submit that. the second relief prayed in the writ petition has ...
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WhatsApp: +86 18221755073Whether TDS is deductible u/s 194C or 194J is always a matter of concern in day to day business world. Today an attempt has been made to provide the basis to reduce such concern.The write-up can be summed up in following parts:1. Payment to Contractors – Section 194C2. Fee for professional or technical services – Section 194J3. Discussion on some …
WhatsApp: +86 18221755073premises and allow them to operate their stone crushers; (iv) A direction for quashing the orders passed by District Mineral Officer whereby the raw material lying in the units of the petitioners has been seized and the petitioners have been put on show cause notice for recovery of royalty and imposition of penalty on account of said seized ...
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WhatsApp: +86 18221755073Section 194C—vs—section 194 I (Hiring of ships, vehicles etc) Before and after the insertion of section 194I, disputes have arisen on the issue whether mere hiring of vehicle …
WhatsApp: +86 18221755073to 3 to allow him to operate his stone crusher in view of S.O. 60 dated. 23rd of February, 2021, whereby the Jammu and Kashmir Stone. Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021, have. been promulgated. 2. Learned counsel for the petitioner at the outset would submit that. the second relief prayed in the writ petition has been ...
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WhatsApp: +86 18221755073ITAT: Possession of transport vehicles sufficient for Sec.194C-TDS exception; Ownership not essential Feb 24, 2024 Adhunik Khanan VA Parivahan Theka Sahakari Samiti Limited [TS-115-ITAT-2024(JODH)] Conclusion Jodhpur ITAT holds that the Assessee is not required to deduct tax at source under Section 194C where
WhatsApp: +86 18221755073In the cases of Commissioner of Income Tax vs. Sahib Chits (Delhi) (Pvt.) Ltd. (2009) and Panchajanya Chits Pvt. Ltd vs Assessee, the Delhi High Court and the Bengaluru Income Tax Appellate Tribunal (ITAT) respectively held that the amounts paid to the subscribers by the company are not interest and thus the chit company is not required to ...
WhatsApp: +86 18221755073Section 194C was introduced in the Income Tax Act, 1961 w.e.f. 1st April 1972. In a very short span of time, after it's introduction in the Act, Central Board of Direct Taxes issued Circular No. …
WhatsApp: +86 18221755073Under s. 194C of the Act "carrying out any. work" is the substance for making a payment relating to such work, liable for deduction tax at source.
WhatsApp: +86 18221755073SC granted SLP against HC's order denying stay on recovery of tax demand as 30% of demand had already been recovered 23 Aug 2024 ; Service of notice through ITBA portal is not valid service as specified under provisions of section 282(1): ITAT 23 Aug 2024 ; ITAT justified estimation of profit element at 5% on account of purchase from non-genuine parties …
WhatsApp: +86 18221755073No penalty u/s 270A(9)(e) if additions made due to disallowance of deductions claimed under Chapter VI-A and Sec. 24 31 Aug 2024 ; HC quashed sec. 148A(d) order as assessee's reply to notice wasn't communicated to AO 31 Aug 2024 ; Reassessment notice issued without obtaining sanction of Pr. CCIT is void ab initio: ITAT 31 Aug 2024
WhatsApp: +86 18221755073Case Name : Assistant Commissioner of Income-tax, Circle 5(1) Vs Kiran Constructions (ITAT Hyderabad) Appeal Number : IT Appeal No. 1493 (HYD.) OF 2012. Date of Judgement/Order : 18/01/2013 ... As we have already mentioned that the provisions of sec. 194C of the IT Act were not applicable to the facts of the present case, therefore, the AO was ...
WhatsApp: +86 18221755073INCOME TAX : Payment made by assessee, Custom House agent, to shipping companies/CFS agents was covered under section 194C and, thus, for non-deduction of TDS on such payment, Assessing Officer had rightly made disallowance under section 40(a)(ia) ... Sum paid by custom house agent to container freight station agent is liable to sec. 194C TDS ...
WhatsApp: +86 18221755073Jammu & Kashmir High Court M/S Trikuta Stone Crusher vs Union Territory Of J&K And Others on 5 May, 2021 S. No. 145 IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (Through virtual mode) WP(C) No.926/2021 CM Nos.3891 & 3892/2021 M/s Trikuta Stone Crusher …. Petitioner(s) Through: Mr. Parag Sharma, Advocate Versus Union […]
WhatsApp: +86 18221755073ITAT issues guidelines for stay of demand. Main Menu. Main Menu ... Is provision of Sec 194C applicable to payment for water supplied by tanker for manufacturing activity? ... December 22, 2011, 11:25:43 PM. Well, S. 194C, Explanation (iv)(c) defines "work" to mean ""work" to include "carriage of goods or passengers by any mode of transport ...
WhatsApp: +86 18221755073Investment in multiple residential units to be considered as one if purchased through single sale deed: ITAT 27 Sep 2024 ; HC set-aside reassessment proceedings as AO initiated them without following faceless assessment procedure 27 Sep 2024 ; No sec. 69 additions if assessee proved that source of investment was agricultural income earned by his …
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