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Search results for: 194

ITAT's Order In Case of Kanjula Rajagopal Reddy Firm VS Income Tax Officer

Vishakhapatnam ITAT: Assessee Can Claim ITC for TCS Paid Even When No TDS Shortfall Exists U/S 194Q

Visakhapatnam ITAT on finding that there is no shortfall of TDS and the taxpayer is eligible to obtain credit of the entire amount, rendered the AO to allot the credit of the whole amount deducted as tax at source under section 194Q of the Income Tax Act. The Bench of Duvvuru Rl Reddy (Judicial Member) […]

Delhi ITAT's Order for Artemis Medicares Services Ltd

Delhi ITAT: Doctors Who Receive Payments Will be Subject to TDS U/S 194J Instead of 192

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) comprising of M. Balaganesh (Accountant Member) and Anubhav Sharma (Judicial Member) has ruled that the payments made to doctors shall be covered by TDS provisions under Section 194J and not Section 192 of the Income Tax Act. Section 194J of the Income Tax Act is pertinent […]

Bombay HC's Order for M/s. B. Arunkumar Trading Ltd.

Bombay HC: Storage Tanks Can’t Be Consider Either Land & Building, TDS Will Deduct U/S 194I

The respondent (assessee) is required to have deducted tax under Section 194I of the Income Tax Act, 1961, from the storage charges paid by the taxpayer, The Bombay High Court ruled.  The bench of Justice K. R. Shriram and Justice Sharmila U. Deshmukh noted that the storage tanks in question are not eligible either as […]

Jodhpur ITAT's Order for Adhunik Khanan VA Parivahan Theka Sahakari Samiti Ltd

Jodhpur ITAT: TDS Exemption U/S 194C If You Have the Vehicles at Your Disposal, Even If You Don’t Own Them

The Jodhpur Bench of Income Tax Appellate Tribunal (ITAT) ruled that the taxpayer, the legal owner, is not liable for TDS under Section 194C, where a declaration under Section 194C(6) accompanying a PAN is received via the payees who have the vehicle, but they are not registered owners. The bench of S. Seethalakshmi (Judicial Member) […]

Ahmedabad ITAT's Order for Shri Nilesh Parshotambhai Patel

Ahmedabad ITAT Removes Addition, No TDS Deduction U/S 194C for Land Levelling Costs

The Ahmedabad bench of the Income Tax Appellate Tribunal ( ITAT ) wishes to delete the Income Tax addition since it found that no deduction of Tax Deducted at source ( TDS ) under Section 194C of the Income Tax Act was needed for land levelling costs. The taxpayer in the year under consideration sold […]

Delhi ITAT's Order for Sh. Sunil Ghorawat

ITAT Delhi: No TDS Deduction on Consultancy Charges U/S 194J as Service Tax Not Above INR 30K

The Income Tax Appellate Tribunal (ITAT) in Delhi recently noted the requirement of Tax Deducted at Source (TDS) following Section 194J of the Income Tax Act, 1961. The ITAT bench noted that if the payment for consultancy services, excluding the service tax, does not surpass Rs. 30,000, there is no obligation to deduct TDS. The […]

Delhi HC's Order for Puri Constructions Private Limited

Delhi HC Supports TDS on EDC U/S 194C in Real Estate Projects

The Delhi High Court kept that TDS on External Development Charges (EDC) in a real estate project. It directed that home buyers shall need to bear the load of TDS. A division Bench of the Delhi High Court Justices Yashwant Varma and Purushaindra Kumar Kaurav kept that Section 194C applies to EDC paid by real […]

CBDT Circular No. 20/2023 Related to Section 194-O

CBDT Notifies New Guidelines Under Sub Section 4 of Section 194-O on 1% Tax Deduction

On 28th December, the Central Board of Direct Taxes (CBDT) furnished the guidelines on the problem of deduction of 1% income tax of the gross amount of the sale of goods or services via e-commerce companies in the multiple-operator model framework. An e-commerce operator under section 194-O of the Income Tax Act, 1961 (‘the Act’) […]

Ahmedabad NCLT's Order for Sunil Kumar Agarwal

NCLT Orders Dept to Refund Tax to the Particular Corporate Debtor; IBC Section 53 Supersedes 194-IA

The National Company Law Tribunal (NCLT) in Ahmedabad, India, recently made a decision. The bench comprised of Mrs Chitra Hankare (Judicial Member) and Dr Velamur G Venkata Chalapathy (Technical Member), stated that when a company is being liquidated, the income tax paid by the buyer in an auction should be considered as a recovery of […]

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