P.N. Memorial Neuro Centre and Research Institute Ltd. vs. DCIT, Circle 11(1)
Case No: ITA No.328/KOL/2025
Court: INCOME TAX APPELLATE TRIBUNAL “D” BENCH, KOLKATA
Date: 12/2/2025
Parties Involved
appellantP.N. Memorial Neuro Centre and Research Institute Ltd.
respondentDCIT, Circle 11(1)
Facts Summary
The assessee, P.N. Memorial Neuro Centre and Research Institute Ltd., filed its return of income on 12.09.2016, declaring a total income of ₹14,75,83,010/-. The case was selected for scrutiny, and statutory notices along with a questionnaire were issued and replied to by the assessee. During the assessment proceedings, the Assessing Officer (AO) noted that the assessee incurred certain expenditures under miscellaneous expenses aggregating to ₹8,64,69,802/- during the year, for which no TDS was d…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the addition of ₹2,59,40,940/- on account of non-deduction of TDS u/s 40(a)(ia) is justified.
- 2. Whether the addition of ₹1,62,66,583/- on account of incentives paid as not allowable u/s 40(a)(ia) for non-deduction of tax u/s 194H is justified.
1 more legal issue analysed in this judgement.