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Search results for: TDS

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 […]

Bangalore ITAT's Order for M/s. Expat Engineering India Ltd.

ITAT Bangalore: Deduction Not Allowed for Interest on Delayed Payment of TDS

The Income Tax Appellate Tribunal (ITAT), Bangalore bench, ruled against permitting the deduction of interest on delayed Tax Deduction at Source (TDS) payments. Expat Engineering India Ltd, the assessee, faced scrutiny after filing its income return, where the Assessing Officer (AO) disallowed the deduction claimed for interest on delayed TDS payment. The assessee appealed to […]

Kolkata ITAT's Order for Vishal Pachisia

Kolkata ITAT: Deductor Can Never Be Held Liable for Non-Deposits of TDS Once Tax Has Been Deducted

Once Tax Deducted at Source (TDS) is deducted then liability for non-deposit of TDS by deductor cannot be fastened on the deductee the Kolkata bench of the Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer is a salaried employee employed with M/s. Falcon Tyres Ltd. at its Kolkata office and in the year received a […]

Delhi ITAT’s Order for Fortis Hospital Ltd.

Delhi ITAT: TDS Not Applicable U/S 192B for Payments to Retainer and Consultant Doctors

The Delhi bench of the Income Tax Appellate Tribunal (ITAT) ruled that payments to consultant and retainer doctors are exempt from Tax Deducted at Source (TDS) under Section 192B of the Income Tax Act, 1961. The assessee, a leading integrated healthcare provider in India, operates hospitals, diagnostics, and speciality daycare facilities. Based in Gurugram, Haryana, […]

Jaipur ITAT's Order for Isys Softech Pvt. Ltd.

Jaipur ITAT Eliminates Penalty Imposed for Default of Not Deducting TDS on Foreign Remittances

The penalty imposed for the default in not deducting the TDS on the foreign remittances has been removed by the Jaipur Bench of Income Tax Appellate Tribunal (ITAT). The bench of Sandeep Gosain (Judicial Member) and Rathod Kamlesh Jayantbhai (Accountant Member) has followed that the taxpayer has deliberately not bypassed TDS and there is no […]

Delhi High Court's Order for Shri Chintan Bindra

Delhi HC: Employees Can’t Be Penalized for Any Non-deposit of TDS by Employer

The employer of the applicant or taxpayer who has looses to perform his duty to deposit the deducted tax with the dept could not be penalized, Delhi High Court ruled. The same shall always be open for the revenue to move forward against the applicant’s employer for the recovery of the deducted tax. The bench […]

Delhi HC’s Order for Vishesh Khanna

Delhi HC: Recovery of TDS Deducted by Employer Not Permissible U/S 205 of IT Act

The Delhi High Court has ruled that the Tax Deducted at Source (TDS) by the employer cannot be reclaimed from the person from whom it was deducted, as stated in section 205 of the Income Tax Act, 1961. Vishesh Khanna, the person who filed a Writ of Mandamus, requested that Respondent No. 1 cancel the […]

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