22 April 2024

Search Results for Tag : tds

Notifications & Circulars

Applicability of TDS provisions of Section 194-I of the Income-tax Act, 1961 on lump sum lease premium paid for acquisition of long term lease(13.10.2016)

Section 194-I of the Income-tax Act, 1961 (the Act) requires that tax be deducted at source at the prescribed rates from payment of any income by way .....

Tags : TDS, Applicability, Lease premium

Judgments

Motor Vehicles Act is social welfare legislation and if there is conflict between social welfare legislation and tax legislation, social welfare legislation will prevail(15.11.2016)

Petitioner-New India Assurance Company Limited filed instant petition challenging order passed by learned member of Maharashtra Accident Claims Tribu.....

Tags : TDS, Deductions, Limit

Top Story

Income Tax Department introduces a new utility for banks, post offices to check TDS rate on high value cash withdrawals(12.07.2020)

The Income Tax Department has facilitated a new functionality for Banks and Post offices through which they can ascertain the TDS applicability rates .....

Tags : TDS rate, Cash withdrawal, Applicability

TDS provisions under Section 194H of IT Act is not applicable on sale of recharge vouchers and pre-paid vouchers to sole distributors(18.05.2020)

Present cross appeals filed by the Revenue as well as the assessee are directed against the common order of the learned Commissioner of Income Tax (Ap.....

Tags : Levy, TDS provisions, Applicability

Where income is assessable to tax over a number of years, credit for tax deducted at source shall be allowed across those years in same proportion in which income is assessable to tax(30.11.2022)

Present is an appeal filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals), in proceeding under Section 154 of I.....

Tags : TDS, Credit, Eligibility

Clarification regarding deduction of TDS under section 192 read with sub-section (1A) of section 115BAC of the Income-tax Act, 1961(05.04.2023)

1. Vide Finance Act, 2023, sub-section (IA) has been inserted in section 115BAC of the Income-tax Act, 1961 (the Act) to provide for a new tax regime .....

Tags : Clarification, Reduction, TDS

For applicability of TDS obligation under Section 194H of IT Act, there should exist agency relationship between the payer and the payee(27.06.2023)

The grievance of the assessee in captioned appeals is demand raised under Section 201(1) / (1A) of Income Tax Act, 1961 (IT Act) for want of tax deduc.....

Tags : TDS, Assessment, Demand

No penalty is leviable under Section 271C of IT Act on mere delay in remittance of TDS after it is deducted by assessee.(10.04.2023)

Assessees have preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court confirming the lev.....

Tags : Remittance, TDS, Delay

Assessee is eligible for its TDS only in the year where the income is declared(05.03.2024)

The brief fact of the case is that, the assessment was completed under Section 143(3) of the Income Tax Act, 1961. The TDS amount of Rs. 14,63,516 was.....

Tags : Assessment, TDS, Eligibility

Assessee would not be under a legal obligation to deduct tax at source on the income/profit component in payments received by distributors/franchisees from third parties/customers(28.02.2024)

The issue relates to the liability to deduct tax at source under Section 194-H of the Income Tax Act, 1961 on the amount which, as per the Revenue, is.....

Tags : TDS, Liability, Payment

Broadcasters to not pay TDS on acquiring broadcasting rights(29.02.2016)

The Central Board of Direct Taxes clarified that broadcasters acquiring only telecasting or broadcasting rights do not partake in a contract for 'carr.....

Tags : tds, broadcast, acquisition, production

MACT award not classifiable as “income”(02.06.2016)

Compensation awarded by the Motor Accident Claims Tribunal, and interest accruing therefrom, are not subject to TDS (tax-deducted-at-source) and the s.....

Tags : mact, compensation, interest, tds, welfare

News

Punjab & Haryana HC: No TDS on Interest Paid for Delayed Payment of Compensation(10.04.2018)

Punjab & Haryana High Court has held that the interest paid on account of delayed payment of compensation cannot be subjected to TDS.

Tags : Punjab & Haryana High Court, TDS

TDS Surveys by Income Tax Department unearths huge defaults in deduction and deposit(04.03.2020)

In a major breakthrough, the Tax Deducted at Source (TDS) wing of the Income Tax Department has unearthed default of TDS of Rs. 324 crore in the case .....

Tags : TDS Surveys, Defaults, Deduction, Deposit

ITAT, Bangalore Deletes Penalty on TDS Default by SBI on LTC Payments(02.03.2020)

Income Tax Appellate Tribunal (ITAT), Bangalore has deleted the penalty proceedings initiated by the tax department against the State bank of India ( .....

Tags : Income Tax Appellate Tribunal, Penalty on TDS Default by SBI

Del. HC: Irish Company Providing Services to its Indian Counterpart Not Technical Services(15.03.2024)

Delhi High Court while quashing the order that denied zero or lower TDS certificate, has held that an Irish company providing services to its Indian c.....

Tags : Delhi High Court, TDS certificate, Technical Services

Payments to Medical Labs & Technicians engaged under Govt Programme subject to TDS(18.04.2022)

The assessee is a society under the control of Commissioner of Health, Gandhinagar and entered into agreement with different entities for the purpose .....

Tags : TDS, Lab Technician

ITAT, Agra: No Late Fee for Failure to File TDS/TCS Returns Prior to 1st June(24.03.2022)

Income Tax Appellate Tribunal, Agra has held that the late fee shall not apply under section 234E of the Income Tax Act, 1961 for the failure to file .....

Tags : Income Tax Appellate Tribunal, Failure to File TDS/TCS Returns

CBDT Issues Revised Guidelines of TDS on Perquisites(17.06.2022)

Central Board of Direct Taxes (CBDT) has issued revised guidelines on the issue of TDS on perquisites under Section 194R of the Income Tax Act, 1961.

Tags : CBDT, TDS, Perquisites

ITAT: No TDS on Discounts Extended to Pre-paid SIM Distributors(25.05.2022)

Income Tax Appellate Tribunal (ITAT), Raipur bench has held that no TDS on Discounts extended to Pre-paid SIM distributors on transfer of pre-paid SIM.....

Tags : ITAT, TDS, Pre-paid Sim

CBDT Exempts TDS on Lease Rentals Paid to Air Craft Leasing Units Located in IFSC(20.06.2022)

Central Board of Direct Taxes (CBDT) has provided relaxation from TDS under section 194I of the Income Tax Act, 1961 in respect of lease rentals paid .....

Tags : Central Board of Direct Taxes, TDS, International Financial Services Center

ITAT: Hospitals Need to Deduct TDS for Payments to Doctors Engaged as Retainers And Consultants(01.07.2022)

Income Tax Appellate Tribunal (ITAT), Delhi Bench has held that the hospitals shall deduct TDS under Section 194J of the Income Tax Act, 1961 in respe.....

Tags : ITAT, TDS, Retainers, Consultants

Bank Not Liable to Deduct TDS from Interest Paid to Noida Authority: ITAT, Delhi(20.06.2018)

Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that Axis bank is not liable to deduct TDS from the interest paid or credited to Noida Au.....

Tags : Income Tax, TDS

Supreme Court: Can’t Apply TDS to Business Undertakings Where Assessee Not Paying Income(29.02.2024)

Supreme Court has held that assessees would not be under a legal obligation to deduct tax at source on the income/profit component in payments receive.....

Tags : Supreme Court, TDS, Income

ITAT: Supporting Evidence Mandatory for Claim TDS Credit in Absence of TDS Certificate(01.09.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that supporting evidence is mandatory for claiming TDS Credit in absence of a TDS Certific.....

Tags : ITAT, TDS Credit, Supporting Evidence

Union Budget, 2019 - Levy of TDS(05.07.2019)

Union Finance Minister Nirmala Sitharaman has informed that TDS will be levied on over Rs 1 crore bank withdrawal meant to discourage cash transaction.....

Tags : Union Budget 2019, TDS

TDS not liable to be deducted on Advertisement Expenses paid to Online Platforms(20.04.2022)

The assessee company is engaged in the business of providing services in connection with marriage alliance and related services. The company markets i.....

Tags : Advertisement charges, TDS

ITAT: Salary Paid to Employees of University Not Subject to TDS(23.05.2019)

ITAT Cochin has ruled that the salary paid to the employees of the Concerned University would not be subject to Tax Deduction at Source ( TDS ) as the.....

Tags : ITAT, TDS

Supreme Court Admits Trai Plea Against TDSAT Predatory Pricing Order(22.01.2019)

Supreme Court has agreed to hear Telecom Regulatory Authority of India's (TRAI) plea challenging Telecom Disputes Settlement and Appellate Tribunal’s .....

Tags : Supreme Court, TDSAT Predatory Pricing Order

CIVIL - TDSAT Directs DoT to Reconsider RCom's Plea Seeking Nod for Sale to Jio(27.02.2019)

Telecom Disputes Settlement and Appellate Tribunal (TDSAT) directed the Department of Telecommunications (DoT) to reconsider Reliance Communications (.....

Tags : TDSAT, RCom's Plea Seeking Nod for Sale to Jio

Karnataka High Court: No TDS on Agreement for Bulk Sale of Advertisement Space(18.11.2019)

Karnataka High Court has held that an agreement for bulk sale of advertisement space does not amount to contract for work as applicable under Section .....

Tags : Karnataka High Court, TDS

ITAT: TDS Credit is Allowable if Not Claimed in Subsequent Year(03.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that TDS credit was allowed if it was not claimed in subsequent year.

Tags : ITAT, TDS Credit

ITAT: Interest Paid On Bank Loan Not Liable To TDS(18.11.2021)

Income Tax Appellate Tribunal (ITAT), Bangalore Bench has held that the interest paid on bank loan cannot be liable to Tax Deduction at Source (TDS).

Tags : ITAT, TDS

TDS Can’t be Recovered from Employee in Case of Default by Employer: Gujarat HC(04.10.2018)

Gujarat High Court has held that the tax department cannot recover tax from the deductee/employer for the fault of the deductor/employer to remit the .....

Tags : Madras High Court, TDS

CIVIL - Liability of Past Dues Rests Only with RCom and Not with Reliance Jio: TDSAT(27.02.2019)

Telecom Dispute Settlement Appellate Tribunal (TDSAT) has said that liability of past dues related to Spectrum Usage Charges (SUC) rested only with Re.....

Tags : Telecom Dispute Settlement Appellate Tribunal (TDSAT), RCom

ITAT: Lorry Booking Agent not Liable to Deduct TDS(03.06.2019)

ITAT Delhi has held that a person who is merely a lorry booking agent is not bound to deduct TDS under Section 194C of the Income Tax Act, 1961.

Tags : ITAT, TDS

SC: Section 194H IT Act Attracted For 'Supplementary Commission' Earned by Travel Agents(16.11.2022)

Supreme Court has held that Section 194H of the Income Tax (IT) Act, 1961 is attracted in the case of Supplementary Commission amounts earned by the t.....

Tags : Supreme Court, Supplementary Commission, TDS

ITAT: TDS Not Applicable on Sale of Property if Consideration of Co-owners Does Not Exceed Rs. 50L(16.05.2019)

ITAT Jodhpur has held that the provisions of TDS would not be applicable on the sale of property if the sale consideration do not exceed Rs. 50 lakhs.

Tags : ITAT, TDS

Late Fee Can’t be Levied While Processing TDS Statement: ITAT, Cuttack(31.08.2018)

Income Tax Appellate Tribunal (ITAT), Cuttack has held that the late fee under Section 234E of the Income Tax Act cannot be levied while processing th.....

Tags : Income Tax, TDS

#Budget2019: Government Raises TDS Threshold on Interest on Deposits(01.02.2019)

Union Finance Minister Piyush Goyal has announced increase in TDS threshold on interest on post office and bank deposits from Rs. 10,000/- to Rs. 40,0.....

Tags : #Budget2019, Budget 2019, Government Raises TDS Threshold on Interest on Deposits

CBDT Issues Revised List of Entities Exempted from TDS(30.05.2017)

Central Board of Direct Taxes (CBDT) has issued revised list of entities which are exempted from payment of TDS that includes inter alia local authori.....

Tags : CBDT, TDS

# GST Changes Applicable From 01.01.2021: Provisions Related to TDS Certificate Omitted(29.12.2020)

Finance Act, 2020 has omitted the provisions related to the procedural part contained in Section 51 of the Central Goods and Services Tax Act, 2017 de.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, TDS Certificate

ITAT, Delhi: No TDS on Payment of External Development Charges Not Made Out of Statutory Liability(31.01.2020)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Assessee is not required to deduct Tax Deducted at Source (TDS) as the payment of Extern.....

Tags : Income Tax Appellate Tribunal, TDS on Payment of External Development Charges

ITAT, Cuttack: Interest Not Leviable if TDS Paid Before Completion of Proceedings(15.03.2021)

Income Tax Appellate Tribunal (ITAT), Cuttack has ruled that no interest is leviable if Tax Deducted at Source (TDS) is timely deducted and paid to th.....

Tags : Income Tax Appellate Tribunal, Interst on TDS

No Revenue appeals against interest on refund of excess TDS(26.04.2016)

The Central Board of Direct Taxes issued a notification stating that no appeals are to be filed against interest be claimed by a tax deduct on refund .....

Tags : litigation reduction, tds, refund, interest

TDSAT Directs DoT to Reconsider RCom's Plea Seeking Nod for Sale to Jio(27.02.2019)

Telecom Disputes Settlement and Appellate Tribunal (TDSAT) directed the Department of Telecommunications (DoT) to reconsider Reliance Communications (.....

Tags : TDSAT, RCom's Plea Seeking Nod for Sale to Jio

Clarification on TDS on Interest on Fixed Deposit, Under Section 194A of Income Tax Act, 1961(29.12.2015)

IT Department has clarified that Interest on FDRs made in name of Registrar General of Court or depositor of fund on directions of Court, will not be.....

Tags : IT Department, TDS

ITAT: Customs House Agent Bound to Pay TDS on Payment to CFS Agents(25.03.2022)

Income Tax Appellate Tribunal (ITAT), Chennai has held that the Customs House Agent bound to pay TDS under section 194C of the Income Tax Act, 1961 on.....

Tags : Income Tax Appellate Tribunal, TDS on Payment to CFS Agents

CIVIL - Liability of Past Dues Rests Only with RCom and Not with Reliance Jio: TDSAT(27.02.2019)

Telecom Dispute Settlement Appellate Tribunal (TDSAT) has said that liability of past dues related to Spectrum Usage Charges (SUC) rested only with Re.....

Tags : Telecom Dispute Settlement Appellate Tribunal (TDSAT), RCom

CBDT extends due date for filing of TDS statement in Form 24Q(04.06.2019)

The Central Board of Direct Taxes (CBDT) had earlier notified amended Form 24Q for filing TDS statement by deductors of tax vide Notification No. 36/2.....

Tags : TDS statement, Filing of, Extension

Prosecution Norms Relaxed for TDS, I-T Return Filing Defaults(12.09.2019)

Central Board of Direct Taxes has relaxed some norms relating to prosecution of income tax defaulters for delay in depositing TDS (tax deducted at sou.....

Tags : Prosecution, TDS

AAR West Bengal: TDS Notification Not Applicable to Exempt Supplies(13.06.2019)

Authority for Advance Rulings (AAR), West Bengal has noted that the Notification on TDS is applicable on exempt supplies. AAR held that when the activ.....

Tags : AAR West Bengal, TDS Notification

Calcutta HC Stays TDS Collection Under Section 194N Income Tax Act Till Sep 30(12.07.2021)

Calcutta High Court has passed an interim order restraining the Income Tax Department from collecting Tax Deduction at Source (TDS) under section 194N.....

Tags : Calcutta High Court, TDS Collection

ITAT: TDS Credit Can be Claimed From the Country in Which Income was Taxed(08.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has held that TDS credit can be claimed from the country in which the income was taxed.

Tags : ITAT, TDS Credit

Central Board of Direct Taxes: IT Department to Pay Interest on TDS Refund(27.04.2016)

Central Board of Direct Taxes has issued directive and said that Income Tax department will now add interest amount to a delayed refund made on excess.....

Tags : Central Board of Direct Taxes , TDS Refund

ITAT Pune: TDS Benefit To Be Given for Assessment Year for Which Corresponding Income is Assessable(10.01.2020)

Income Tax Appellate Tribunal, Pune has ruled that the benefit of the tax deducted at source should be given for assessment year for which correspondi.....

Tags : ITAT Pune, TDS

ITAT Mumbai Allows Claim of TDS Credited on Unrealized Income(14.06.2017)

ITAT, Mumbai has allowed assesses claim towards TDS credited on unrealized income.

Tags : ITAT, Mumbai, TDS

JKL HC: JKSRRDA Exempted from TDS Deduction on interest on Term Deposit Accounts(20.07.2023)

Jammu and Kashmir and Ladakh High Court has held that J&K State Rural Roads Development Agency (JKSRRDA) is exempted from TDS deduction on interest in.....

Tags : Jammu and Kashmir and Ladakh High Court, Term Deposit, TDS Deduction

CBIC Directs to Issue SCNs on Difference in ITR-TDS Data Only After Proper Verification(28.10.2021)

Central Board of Indirect Taxes and Customs (CBIC) directed the GST Officer to issue show-cause notices based on the difference in ITR-TDS data and se.....

Tags : Central Board of Indirect Taxes and Customs, Difference in ITR-TDS Data

ITAT, Kolkata Deletes Addition as Interest on Loan After Deduction of TDS(22.10.2021)

Income Tax Appellate Tribunal (ITAT), Kolkata has deleted the addition as interest on Loan duly paid by the assessee after deducting Tax Deducted at S.....

Tags : Income Tax Appellate Tribunal, Interest on Loan After Deduction of TDS

ITAT Delhi Says 'No' to Interest for Late Payment of TDS due to Connectivity issues at Bankers' End(21.06.2017)

ITAT, Delhi has held that assessee cannot be treated as Assessee-in-Default for Late payment of TDS due to system and connectivity issues at the banke.....

Tags : ITAT, Delhi, TDS

CBDT: PAN Mandatory for Refund of TDS on Immovable Property(07.06.2017)

Central Board of Direct Taxes (CBDT) has notified amendment in income Tax Rules making it mandatory to furnish PAN details in Form 26B instead of TAN.....

Tags : Central Board of Direct Taxes, TDS

CBDT: No TDS or Advance Tax Credit For Disclosure Made Under PMGKY(19.01.2017)

Central Board of Direct Taxes (CBDT) has clarified that no credit will be allowed against advance tax paid or Tax Deducted at Source (TDS) or Tax Coll.....

Tags : Central Board of Direct Taxes, Pradhan Mantri Garib Kalyan Yojana, income disclosure scheme, TDS, TCS

No TDS If Advance Received towards Professional Fee is Returned: ITAT(14.06.2018)

Hyderabad bench of Income Tax Appellate Tribunal (ITAT) has held that the advance received by assessee towards his professional fee, when it is return.....

Tags : ITAT, TDS

CBDT Eases Rules for TDS Claims by Non-Resident Companies(29.06.2016)

Central Board of Direct Taxes (CBDT) has come out with Rule 37BC, which gives relaxation to Non-Residents from furnishing PAN number in India while cl.....

Tags : Central Board of Direct Taxes, Rule 37BC, TDS Claims

No TDS for Staff Deputed in Foreign Companies: Bombay HC(18.04.2019)

Bombay High Court has held that there is no requirement for tax deducted at source (TDS) under Section 195 of Income Tax Act for an employee deputed t.....

Tags : Bombay High Court, No TDS, Staff on Deputation

ITAT, Jaipur: No Penalty if Assessee Failed to File E-TDS within Time Due to Non-availability of PAN(02.06.2017)

ITAT, Jaipur has held that penalty cannot be levied under Income Tax Act if assessee failed to file E-TDS return within stipulated time frame due to n.....

Tags : ITAT, Jaipur, E-TDS

Delhi HC: TDS Deduction on Payment of Interconnect User Charges Cannot be Categorised as FTS(08.06.2022)

Delhi High Court has held that TDS deduction on payment of interconnect user charges cannot be categorized as the fee for technical service (FTS).

Tags : Delhi High Court, TDS, Fee for Technical Service

Karnataka High Court: Financial Stringency Would Not Justify Non-Remittance of TDS Amount to Govt(10.01.2020)

Karnataka High Court has observed that financial stringency would not justify the non-remittance of tax deducted at source to the Government as it wou.....

Tags : Karnataka High Court, TDS

Supreme Court Dismisses DoT Plea Against TDSAT Order on RCom's Past Liabilities(03.07.2019)

Supreme Court has dismissed the Department of Telecommunications' (DoT) plea against an order of the Telecom Dispute Settlement Appellate Tribunal (TD.....

Tags : Supreme Court, TDSAT

Postponement of provision relating to TDS (Section 51) and TCS (Section 52) of the CGST / SGST Act 2017(26.06.2017)

With the objective of ensuring smooth rollout of GST and taking into account the feedback received from the trade and industry regarding the provision.....

Tags : Postponement, Provision, TDS

ITAT: Income Tax Dept. Can’t Deny TDS Credit to Assessee Once it is Deducted by Employer(04.07.2022)

Income Tax Appellate Tribunal (ITAT), Surat Bench has allowed a claim of TDS credit to the assessee by observing that the same cannot be rejected if t.....

Tags : ITAT, TDS Credit, Deduction

ITAT Kolkata: Delay in Filing TDS Due to Sudden Resignation of Accountant Will be Condoned(25.06.2019)

Income Tax Appellate Tribunal (ITAT), Kolkata bench has observed that the delay in filing of Tax Deduction at Source (TDS) return due to the sudden re.....

Tags : ITAT Kolkata, TDS

SC: No Penalty Under S.271C of IT Act for Mere Delay in Remittance of TDS(11.04.2023)

Supreme Court while observing that words used in Section 271C(1)(a) are ‘fails to deduct’, and the same doesn’t speak about belated remittance of TDS,.....

Tags : Supreme Court, TDS, Remittance, Income Tax Act

ITAT Cuttack: Non-Availability of PAN of Deductee Cannot be Used to Escape from Filing TDS(28.01.2020)

Income Tax Appellate Tribunal (ITAT), Cuttack has held that the non-availability of a Permanent Account Number (PAN) of the deductee is not an excuse .....

Tags : Income Tax Appellate Tribunal, Non- Availability of PAN, Filing of TDS

Bombay High Court: TDS Not Applicable to Payment Made for Reimbursement of Costs(14.06.2019)

Bombay High Court has noted that the provisions of TDS would not be applicable to payments made for the reimbursement of costs. The Lower Tribunal had.....

Tags : Bombay High Court, TDS

Order under Section 119 of the Income-tax Act, 1961 for extension of time limits for submission of certain TDS/TCS Statements(28.06.2023)

The Central Board of Direct Taxes, in exercise of its powers under section 119 of the Income-tax Act, 1961 provides relaxation in respect of the follo.....

Tags : Extension, Time limits, TDS/TCS Statements

Criminal Proceedings for Late Deposit of TDS Can’t be Challenged Through Writ Petition: Delhi HC(09.04.2018)

Delhi High Court has held that criminal proceedings initiated for late deposit of TDS cannot be challenged through a writ petition when it’s under the.....

Tags : Delhi High Court, TDS

Central Board of Direct Taxes Issues Guidelines for TDS on E-Auction Services(26.11.2021)

Central Board of Direct Taxes (CBDT) has issued the guidelines which states that no TDS (tax deducted at source) under section 194-O of the Income Tax.....

Tags : Central Board of Direct Taxes, TDS on E-Auction Services

Madras High Court: Accident Compensation Cannot be Subjected to TDS(06.06.2016)

Madras High Court has said that compensation awarded by the Motor Accident Claims Tribunal or the interest accruing therein cannot be subjected to TDS.....

Tags : Madras High Court, Accident, TDS

CBDT Grants TDS Exemption for Seven Transactions(23.06.2016)

Central Board of Direct Taxes (CBDT) has helped improve cash flows for Payment System Companies by exempting seven types of transactions from TDS obli.....

Tags : Central Board of Direct Taxes , TDS, Payment System Companies

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