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2023 (5) TMI 1205 - ITAT CHENNAI The Tribunal dismissed the revenue's appeal, affirming the CIT(A)'s order. It concluded that the assessee was not an 'assessee in default' under sections 201(1) and 201(1A) of the Income-tax Act, 1961. The Tribunal agreed with the CIT(A) that the relationship between the assessee-deductor, a multispecialty hospital, and the consultant doctors did not constitute an employer-employee relationship, as the doctors were independent professionals. Additionally, the Tribunal upheld the CIT(A)'s view that payments for AMC of medical equipment were not fees for technical services but were correctly categorized under section 194C as works contracts. The decision was rendered on 12th April 2023 in Chennai.
2017 (10) TMI 1078 - ITAT MUMBAI The Tribunal dismissed all six appeals of the Revenue, affirming the CIT(A)'s orders on all issues. It held that maintenance payments for hospital equipment fall under Section 194C, not Section 194J. The sale of old hospital equipment does not attract TCS under Section 206C. Payments to consultant doctors are subject to TDS under Section 194J, not Section 192, due to the absence of an employer-employee relationship.
2013 (11) TMI 1263 - ITAT PUNE The Tribunal allowed the assessee's appeals on all issues, setting aside the CIT(A)'s orders where applicable, and dismissed the revenue's appeals. The Tribunal's decisions were based on interpretations of Sections 194C and 194J of the Income Tax Act, supported by relevant case law and CBDT circulars.
2023 (4) TMI 1347 - ITAT RAJKOT The ITAT ruled in favor of the assessee, determining that payments to M/s Suzlon Group Companies for operation and maintenance services should be taxed under section 194C, not section 194J, of the Income Tax Act. The Tribunal condoned the 298-day appeal delay due to COVID-19. Consequently, the orders by the AO and CIT(A) were quashed.
FICCI PRE-BUDGET MEMORANDUM 2018-2019 A pre-budget memorandum by FICCI for 2018-2019 highlights various economic and sectoral issues, emphasizing the need for tax reforms to stimulate growth. Key recommendations include reducing corporate tax rates to 25% for all companies, addressing the inverted duty structure in manufacturing, and expanding GST to include petroleum products. The memorandum advocates for rationalizing GST compliance, enhancing tax incentives for sectors like healthcare and housing, and improving the ease of doing business. It also calls for clarity on tax provisions affecting sectors such as IT, telecommunications, and financial services, and suggests measures to support MSMEs and infrastructure development.
2015 (10) TMI 2051 - ITAT MUMBAI The Tribunal allowed the assessee's appeal and dismissed the revenue's appeal. It confirmed that tax on catering services should be deducted under Section 194C, payments to doctors under Section 194J, no tax deduction under Section 194J for payments directly made by patients to doctors, and that annual maintenance contracts for medical equipment do not qualify as technical services under Section 194J. The AO rectified the order under Section 154, deleting the tax liability but upholding the interest based on the Supreme Court's decision.
2014 (5) TMI 82 - ITAT MUMBAI The Tribunal partly allowed the appeal, directing the Assessing Officer to apply a 5% gross profit rate on sales without further disallowances on direct costs once books of account are rejected. Disallowance of certain expenditures was restricted, and the addition for unexplained agricultural income was dismissed. Disallowances under various expense heads were reduced to 10%. The Tribunal upheld the disallowance under section 40(a)(ia) of the Income Tax Act due to lack of justification by the assessee.
2018 (8) TMI 1537 - MADHYA PRADESH HIGH COURT The High Court dismissed the winding-up petition seeking to wind up the respondent company under Section 433(e) of the Companies Act, 1956, due to a disputed outstanding debt of ?42,41,993. The court found that the debt was genuinely disputed by the respondent, emphasizing the need for a substantial dispute before entertaining winding-up petitions. The court referenced legal principles and previous judgments, highlighting that winding-up petitions should not be used to enforce payment of bona fide disputed debts. Ultimately, the court concluded that the circumstances did not justify a winding-up order, leading to the dismissal of the company petition.
2024 (2) TMI 47 - ITAT DELHI The Tribunal allowed the assessee's appeals for statistical purposes, remanding the case back to the AO for fresh adjudication. The Tribunal noted that the Ld. CIT(A) did not adequately consider the assessee's submissions regarding TDS deduction under section 194J versus 194C for maintenance payments. The Tribunal highlighted that if the payees have included the amounts in their returns and paid taxes, the assessee should not be treated as in default. The AO is instructed to consider all evidence and submissions in the reassessment.
2013 (3) TMI 287 - ITAT RAJKOT The Tribunal allowed the appeal of the assessee, confirming that the deductions made under Section 194C for Annual Maintenance Contracts (AMC), Pilotage Contracts, and Taxi and Tug Hire Charges were correct. It was determined that the nature of the services provided did not fall under Sections 194J or 194-I, as the contracts were primarily for maintenance, pilotage operations, and vehicle hire, respectively. The Tribunal emphasized that the payments were not for technical or consultancy services, salary, or rent, leading to the conclusion that the assessee's TDS deductions under Section 194C were appropriate in all instances.
2008 (10) TMI 653 - ITAT BANGALORE The Tribunal upheld multiple decisions by the CIT(A), confirming disallowances and allowances related to various deductions under sections 10A, 80-IB, and 80HHC. Key outcomes include the disallowance of deductions for maintenance charges and deemed exports, while allowing expenditures related to discontinued business and software imports. The Tribunal remanded several issues for further verification by the AO, including support services contributions and MODVAT credit. It also directed the exclusion of certain expenses from total turnover calculations. The Tribunal confirmed the validity of a notice under section 143(2) and quashed the CIT's order on losses from discontinued operations.
2024 (1) TMI 1131 - ITAT MUMBAI The Tribunal partially allowed the assessee's appeal, directing the AO to verify and grant credit for DDT paid and deleting the addition due to a mismatch between Form 26AS and the return of income. The Tribunal also instructed the AO to reassess the interest levy under Section 115-P after accounting for the DDT credit. The CIT(A)'s decision to allow the provision for warranty as a deductible expense was upheld. Additional grounds related to the refund of excess DDT were dismissed, following the SC's precedent. The Revenue's appeal was dismissed.
2015 (10) TMI 2252 - ITAT MUMBAI The Tribunal determined that payments to Full Time Consultants Doctors constituted professional fees, not salaries, requiring TDS under section 194J, overturning the AO's decision under section 192. Additionally, the Tribunal upheld the CIT(A)'s rulings that payments for annual maintenance contracts and pest control expenses were subject to TDS under section 194C, dismissing the Revenue's appeals and allowing those of the assessee.
2016 (6) TMI 891 - ITAT MUMBAI The Tribunal ruled in favor of the assessee in cases concerning the applicability of TDS provisions under section 194J of the Income Tax Act. It held that the services provided were contractual, not technical, emphasizing that the mere use of technology does not equate to technical services. The Tribunal highlighted the importance of accurately categorizing payments to determine TDS obligations, ultimately upholding the decisions of the First Appellate Authority and ruling against the Assessing Officer's contentions.
Quick Insight of Income-tax implications for Financial Year 2022-23 The Reserve Bank of India issued a circular detailing income-tax implications for the financial year 2022-23, following amendments in the Finance Act, 2022. Key highlights include unchanged income tax rates and cess for individuals under the normal and alternative tax regimes. The new tax regime under Section 115BAC requires individuals to forgo certain exemptions and deductions. Notable amendments include tax provisions for virtual digital assets, COVID-19 related medical expenses, and updated return filing procedures. The Finance Act also introduced new sections for TDS on virtual digital assets and benefits exceeding INR 20,000. Additionally, the TDS and TCS compliance calendar and rates for FY 2022-23 were outlined.
2022 (5) TMI 568 - CESTAT AHMEDABAD The Tribunal set aside the entire demand for service tax, penalties, and interest, finding that the contract was not a maintenance contract and the services were self-rendered. The appellant's appeals were allowed with consequential reliefs, and the revenue's appeal was dismissed.
2021 (9) TMI 219 - ITAT HYDERABAD The Revenue appealed against the CIT(A)'s order for the assessment year 2014-15 under the Income-Tax Act, citing errors in granting relief without proper evidence. The ITAT remitted the disputed difference amount issue to the AO for reevaluation, directing the assessee to provide documentary evidence and explanations. Additionally, the Cross Objection (CO) filed by the assessee, delayed due to medical exigencies, was condoned by the ITAT based on legal precedents, providing an opportunity for further review and clarification by the AO.
The Union Budget for 2015-16, presented by the Finance Minister, outlines a positive economic outlook for India amidst global challenges. Key initiatives include empowering states as partners in growth, enhancing public expenditure for job creation, and poverty reduction. The government plans to implement GST by April 2016 and promote financial inclusion through the JAM Trinity. Efforts to curb inflation, improve infrastructure, and support sectors like agriculture, manufacturing, and digital connectivity are emphasized. Social security schemes for insurance and pensions are introduced, and measures to combat black money are proposed. The budget aims for fiscal discipline while boosting investment and growth.
2011 (11) TMI 469 - ITAT RAJKOT The Tribunal ruled in favor of the appellant in the case, determining that Annual Maintenance Contracts (AMC) payments, Pilotage Contracts payments, and payments for hiring vehicles and tug boats should be classified under TDS provisions of Section 194C. The Tribunal found that these payments were not for technical services but rather for maintenance or work contracts, thus correctly falling under Section 194C for TDS purposes.
The Institute of Chartered Accountants of India submitted a Pre-Budget Memorandum in 2018 to the government, focusing on direct taxes and international tax. The memorandum provides detailed suggestions aimed at improving tax collection, minimizing litigation, rationalizing direct tax laws, and addressing administrative challenges. Key recommendations include revising tax provisions related to income tax, capital gains, and deductions, as well as enhancing tax administration and citizen services. The document also emphasizes the need for clarity in tax laws, proposes amendments to existing sections, and addresses issues related to transfer pricing, corporate social responsibility, and tax incentives for specific sectors.
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