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Search results for: 194

Bombay HC's Order In The Case of The Pr Commissioner of Income Tax-3 Pune V/S Mr Subhash & B T Patil And Sons & N V Kharote Construction Pvt Ltd JV

Bombay HC to Hear Revenue Appeal on TDS Applicability and Profit Taxation in Joint Ventures U/S 194C

The Bombay High Court has accepted an appeal for hearing filed by the Principal Commissioner. This appeal challenges a previous decision made by the Pune ITAT, which had ruled in favour of a joint venture involving Subhash and B.T. Patil and Sons, along with N.V. Kharote Construction Pvt. Ltd. The issue is of TDS applicability […]

Bombay HC's Order in The Case of The Commissioner of Income Tax vs Dr. Balabhai Nanavati Hospital

Bombay HC: Payments to Consultant Doctors Not Considered Salaries, Subject to TDS U/S 194J

The Bombay High Court has clarified that payments made to consultant doctors do not qualify as salary if there is no fixed pay established. Consequently, these payments are subject to Tax Deduction at Source (TDS) under Section 194J of the Income Tax Act, 1961. The Appellant, which is the Revenue, has filed a challenge against […]

Income Tax Notification No. 123/2024

CBDT Relieves Diplomatic Missions and UN Agencies from IT Section 194N Tax Provisions

The Central Board of Direct Taxes (CBDT) in development has furnished Notification No. 123/2024, dated November 28, 2024, exempting the particular foreign representations and international organizations from the provisions of Section 194N of the Income-tax Act, 1961. As per the exemption entities like diplomatic missions, United Nations agencies, consulates, and honorary consuls, which want tax […]

Delhi HC's Order in Case of National Highway Authority vs. Commissioner of Income Tax (TDS)

Delhi HC: Capital Grant Subsidy by NHAI Not Subject to TDS Deduction Under Section 194C

The Delhi High Court, ‘capital grant subsidy’ which may be extended by the National Highways Authority of India to its contractors is not accountable to TDS deduction u/s 194C of the Income Tax Act, since such grant cannot be construed as payment for a “work”. Deduction of tax at source (TDS) is needed under section […]

Madras HC's Order in Case of Manjula Jaganathan Hariprasad Vs. The Assessment Unit & Income Tax Officer

Madras HC Deletes Addition Due to Incorrect Deduction U/S 194-IB Instead of 194C

The Madras High Court quashed the income tax addition as a wrongful deduction u/s 194-IB rather than Section 194C of the Income Tax Act, 1961. Three additions have been offered by the respondents to the income shown, however, the additions were dismissed without enough reasoning. The assessment proceedings started following the applicant’s ITR filing for […]

Simplified New TDS Section 194T

All About TDS Section 194T w.r.t. Firm-to-Partner Payments

What is the New TDS Section 194T? The Finance Bill, 2024, presents a significant change for partnership firms with the proposal to insert a new TDS section 194T of the Income Tax Act, 1961. The same move has the motive to bring payments made to partners, including salary, remuneration, commission, bonus, and interest, under the […]

Delhi ITAT's Order In Case of Ambience Private Limited vs ITO

Delhi ITAT Deletes Penalty U/S 271C If Not Deducting TDS On Account of Belief U/S 194J

While discovering that the taxpayer has a valid reason to acknowledge the payments for ‘transactional charges’ to be not covered u/s 194J(1)(ba) of the Income Tax Act, the New Delhi ITAT ordered to deletion of the penalty order passed by the CIT(A) u/s 271C. Under Section 194J(1)(ba) of the Income Tax Act, any payment made […]

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 […]

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