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Documents citing Navubha J. Chavda,, Jamnagar vs Income Tax Officer, Ward-2(2),, ... on 20 February, 2017

Sunil Baran Dey. ,Kolkata vs Ito,Ward-3(1), Bankura. , Bankura on 4 May, 2026

8. Ground No. 3 relates to the disallowance of ₹35,871/- u/s 40(a)(ia) of the Act. Our attention was drawn to page 7 of the assessment order. It was stated that EMI was paid to Tata Motors, therefore, no addition was called for as the recipient must have paid tax on this amount. Our attention was drawn to the order in the case of Shri Navubha J. Chavda vs. ITO in ITA No. 592/RJT/2014 for AY 2009-10 and it was stated Page | 10 ITA No(s). 1108/KOL/2023 Assessment Year(s) 2012-13 Sunil Baran Dey.
Income Tax Appellate Tribunal - Kolkata Cites 17 - Cited by 0 - Full Document

Eyecube Studios P. Ltd, Mumbai vs Addl Cit 8(1), Mumbai on 10 August, 2017

Further, the Rajkot bench of the Tribunal in Navubha J. Chawda Vs. ITO it was held that in view of the second proviso to Section 40(a)(ia) of the Act, bench financial 2012 with effect from on 1.07.2013 r.w.s. 201 made dispute failure to deduct TDS the disallowance of expenditure should not have been made if, the 5 ITA No.5300/M/2013 AY 2009-10 ITA No.4747 to 4749/M/2015 AY 2010-11 to 2012-13 Eyecube Studios P. Ltd.
Income Tax Appellate Tribunal - Mumbai Cites 9 - Cited by 1 - Full Document

Raghvendra Pratap Singh, Kolkata vs Acit, Circle - 28, Kolkata on 2 July, 2024

9(b). Respectfully following the above decision of ITAT, Rajkot Bench in the case of Shri Navubha J. Chavda (supra), the same being squarely applicable to the facts of the instant case and since Revenue could not controvert the contention of ld. Counsel for the assessee that the alleged sum has been offered to tax as part of its revenue by the 11 ITA No. 612/KOL/2024 Assessment Year: 2013-2014 Raghvendra Pratap Singh recipient company M/s. Tata Capital Limited, finding of the ld. CIT(Appeals) is set aside and impugned disallowance of Rs.33,83,885/- made u/s. 40(a)(ia) of the Act is deleted. Grounds no. 5(a) & 5(b)are allowed.
Income Tax Appellate Tribunal - Kolkata Cites 1 - Cited by 0 - Full Document

Spiral Construction Corpo., Junagadh vs Assistant Commr. Income Tax,Cir-1,, ... on 24 March, 2017

3. Aggrieved by the said order of ld. CIT(A), the assessee is before us in this appeal submitting that in view of the amendment to Sec. 40(a)(ia) of the Act, introduced by the Finance Act, 2012 even if there is a failure to deduct TDS, disallowance of expenditure cannot be made if the recipients of the amount have taken into account the payment of interest while computing their income. The ld. AR relies on the decision dated 20.2.2017 of the coordinate Bench of Tribunal in the case of Shri Navubha J. Chavda vs. ITO in ITA No. 592/RJT/2014 in support of his contentions. However, the ld. DR disputes the same stating that unless the assessee establishes that the recipients of the amount have paid taxes on the impugned payments, the assessee cannot have the benefit of the arguments advanced by them, as such prayed to dismiss the appeal.
Income Tax Appellate Tribunal - Rajkot Cites 7 - Cited by 0 - Full Document

Nitin Ramshi Bhatia,, Jam-Khambhalia vs Joint Commissioner Of Income Tax, ... on 24 March, 2017

4. It is submitted by the Ld AR that in view of the amendment to Sec. 40(a)(ia) of the Act, introduced by the Finance Act, 2012 even if there is a failure to deduct TDS, disallowance of expenditure cannot be made if the recipients of the amount have taken into account the payment of interest while computing their income. Ld. AR relies on the decision dated 20.2.2017 of the coordinate Bench of Tribunal in the 3 Shri Nitin Ramshi Bhatia ITA No. 440/RJT/2014 case of Shri Navubha J. Chavda vs. ITO in ITA No. 592/RJT/2014 in support of his contentions. Basing on this, he submits that on production of Form 27BA the assessee is entitled to claim the deduction of interest expenditure and for such purpose, he prayed that the matter may be set aside to the file of the Assessing Officer so that the assessee will produce the requisite Form 27BA and claim the deduction of expenditure.
Income Tax Appellate Tribunal - Rajkot Cites 4 - Cited by 2 - Full Document
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