Search Results for "Section 271C"

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Search Results for "Section 271C"

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High Court

High Court of Karnataka Dismisses Revenue's Appeal in TDS Penalty Case — No Reasonable Cause for Penalty Under Section 271C When Assessee Acted on Professional Advice. Penalty under Section 271C of Income Tax Act, 1961 cannot be levied when assessee had reasonable cause for non-deduction of TDS based on professional advice that no income deemed to accrue in India.

3 Feb 2025

The appeal was filed by the Revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal (ITAT), Beng...

High Court

Bombay High Court Dismisses Petitioner's Challenge to TDS Demand in Trademark Acquisition Case Due to Alternate Remedy. Court holds that the writ petition under Article 226 is not maintainable when an efficacious remedy of appeal under Section 253 of the Income-tax Act, 1961 is available, without adjudicating on the merits of the territoriality principle or limitation.

23 Sep 2024

The petitioner, Hindustan Unilever Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 23 August 202...

Supreme Court

Supreme Court Allows Appeals in TDS Penalty Case — Failure to Deposit TDS Not Attracting Penalty Under Section 271C if Reasonable Cause Shown. Belated Remittance of TDS Due to Financial Constraints and Bona Fide Belief Constitutes Reasonable Cause Under Section 273B of Income Tax Act, 1961.

10 Apr 2023

The appeals arose from a common judgment of the Kerala High Court confirming the levy of penalty under Section 271C of the Income Tax Act, 1961 on the...

High Court

Bombay High Court Quashes Sanction and Complaint in Income Tax Prosecution for Non-Application of Mind. Sanctioning Authority Failed to Consider Petitioner's Explanation and Appeal Pendency Under Section 276C(1) of Income Tax Act, 1961.

7 Dec 2021

The petitioner, Nayan Jayantilal Balu, engaged in trading of ferrous and non-ferrous metals, filed his return of income for Assessment Year 2009-10 on...

High Court

High Court of Karnataka Allows TPA's Appeal in TDS Dispute — Payments to Hospitals Not Subject to TDS Under Section 194J of Income Tax Act, 1961. Third Party Administrator (TPA) acting as a conduit between insurer and hospitals does not make 'professional services' payment to hospitals, hence no obligation to deduct tax at source.

12 Oct 2020

The appellant, TTK Healthcare TPA Private Limited, a Third Party Administrator (TPA), filed an appeal under Section 260A of the Income Tax Act, 1961 a...

Supreme Court

Supreme Court Allows Appeal in Tax Dispute Over Buy-Back of Shares Under Section 115QA of Income Tax Act, 1961. The Court held that buy-back pursuant to a scheme of arrangement under Section 391 of the Companies Act, 1956, is not covered by Section 115QA as it stood prior to the amendment effective from 01.06.2016.

22 Nov 2019

The appellant, Genpact India Private Limited, a domestic unlisted company, bought back shares from its sole shareholder, Genpact India Investment, Mau...

High Court

High Court of Karnataka Allows Assessee's Appeal in Income Tax TDS Case — Provision for Interest on Delayed Payments Not Subject to TDS Under Section 194A of Income Tax Act, 1961. The court held that a mere provision for contingent interest liability does not amount to 'payment' or 'credit' to a specific payee, and thus no obligation to deduct tax at source arises.

2 Feb 2016

The appellant, M/s Karnataka Power Transmission Corporation Limited, a government undertaking engaged in power transmission, filed appeals under Secti...

High Court

High Court of Karnataka Quashes Penalty Orders Against Directors for Non-Deduction of TDS on Interest Paid to Non-Resident — Failure to Comply with Section 195 of Income Tax Act, 1961

21 Aug 2014

The petitioners, Sri A.S. Chinnaswamy Raju and Sri C.S. Sunder Raju, directors of M/s Sunray Computers Pvt. Ltd., challenged two orders dated 14.11.20...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Penalty Case. Journal Entry Set-off for Loan Repayment Does Not Violate Section 269T of Income Tax Act, 1961, as It Is Not a Repayment but an Adjustment of Mutual Claims.

12 Jun 2012

The case involves an appeal by the Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which deleted the penalty ...

High Court

Bombay High Court Allows Petition by TPAs Challenging TDS Notices Under Section 194J of Income Tax Act. Payments to Hospitals by TPAs for Health Insurance Claims Are Not Subject to TDS as They Are Not Fees for Professional or Technical Services.

3 May 2010

The petitioners, Dedicated Health Care Services TPA (India) Pvt. Ltd. and others, are Third Party Administrators (TPAs) registered with the Insurance ...

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