ITAT Nagpur Judgments — April 2022

SHANTI ARMS TECH PVT LTD,NAGPUR vs DY. COMMISSIONER OF INCOME TAX, BENGALURU

ITA 15/NAG/2022[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

NARESH JAMPRASAD TIWARI,NAGPUR vs DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

ITA 163/NAG/2021[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

WAGHMARE FOOD PRODUCTS PVT.LTD.,56, OLD BAGADGANJ, NAGPUR 440008 (MH) vs CENTRAL PROCESSING CENTRE, BENGALURU, 1ST FLOOR, PRESTIGE ALPHA, 48/1, 48/2, HOSUR ROAD, UTTARAHALLI HOBLI, BENGALURU, KARNATAKA 560100

ITA 52/NAG/2022[2019-20]Status: Disposed26 Apr 2022AY 2019-20Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

M/S. TRUFORM ENGINEERS,NAGPUR vs DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE

ITA 6/NAG/2022[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

CENTRAL DETECTIVE AND SECURITY SERVICES,PLOT NO.8, JAIL ROAD, RAHATE COLONY, NAGPUR 440001 vs INCOME TAX OFFICER, WARD1(3), ITO WARD 1(3) NAGPUR, MECL BUILDING, DR BABASAHEB AMBEDKAR BHAWAN SEMINARY HILLS NAGPUR, MAHARASHTRA-440006

ITA 50/NAG/2022[2017-18]Status: Disposed26 Apr 2022AY 2017-18Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

WAGHMARE FOOD PRODUCTS PVT. LTD,NAGPUR vs ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

ITA 51/NAG/2022[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

M/S. TRUFORM ENGINEERSS,NAGPUR vs ASSISTANT COMMISSIONER OF INCOME TAX, BANGLORE

ITA 178/NAG/2021[2019-20]Status: Disposed26 Apr 2022AY 2019-20Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

AMA EXTRUSIONS PVT. LTD,NAGPUR vs THE DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE

ITA 168/NAG/2021[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

SEQUEL MOTORS PVT. LTD,NAGPUR vs ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, NAGPUR

ITA 144/NAG/2021[2017-18]Status: Disposed26 Apr 2022AY 2017-18Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

SUPRIYA PACKAGING PVT LTD,NAGPUR vs ASST. DIRECTOR OF INCOME TAX, CPC, NAGPUR

ITA 25/NAG/2022[2019-20]Status: Disposed26 Apr 2022AY 2019-20Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

M/S R K WAREHOUSING AND LEASING,NAGPUR vs DEPUTY COMMISSIONER OF INCOME TAX, BANGLORE

ITA 18/NAG/2022[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

DURGESH INDUSTRIAL SECURITY PVT. LTD,CHANDRAPUR vs DEPUTY COMMISSIONER OF INCOME TAX,CPC, BANGALORE

ITA 13/NAG/2022[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

NEELAM RAKESH SINGH,NAGPUR vs DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANLORE

ITA 194/NAG/2021[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

PRADEEP KUNDU,NAGPUR vs ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGLORE

ITA 123/NAG/2021[2019-20]Status: Disposed26 Apr 2022AY 2019-20Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

JAIKA VEHICLE TRADE PRIVATE LIMITED,JAIKA BUILDING vs ASSTT. DIRECTOR OF INCOME TAX, CENTRALIZED PROCESSING CENTRE

ITA 104/NAG/2021[2019-20]Status: Disposed26 Apr 2022AY 2019-20Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

KAMLESH SINGH THAKUR,NAGPUR vs ITO, NAGPUR

ITA 41/NAG/2022[2019-2020]Status: Disposed26 Apr 2022AY 2019-2020Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

HERD MEDICAL FOUNDATION PVT LTD,NAGPUR vs INCOME TAX OFFICER, INCOME TAX

ITA 138/NAG/2021[201/-18]Status: Disposed26 Apr 2022Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

MAHAVIR COAL WASHIERS PVT. LTD,NAGPUR vs DCIT, CPC, BANGALORE

ITA 149/NAG/2021[2018-19]Status: Disposed26 Apr 2022AY 2018-19Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

RAMASARYE YADEO,NAGPUR vs ASSISTANT DIRECTOR OF INCOME TAX, BANGALORE

ITA 164/NAG/2021[2019-2020]Status: Disposed26 Apr 2022AY 2019-2020Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

ARTIKAUR RAJENDRA SINGH JUNI L/H RAJENDRA SINGH JUNI,NAGPUR vs ASSISTANT DIRECTOR OF INCOME TAX,CPC, BANGALORE

ITA 173/NAG/2021[2019-20]Status: Disposed26 Apr 2022AY 2019-20Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

BARBATE AUTOMOTIVE INDIA PVT. LTD.,NAGPUR vs ASSISTANT DIRECTORE OF INCOME TAX,CPF, BANGALORE

ITA 181/NAG/2021[2019-2020]Status: Disposed26 Apr 2022AY 2019-2020Allowed

The Tribunal held that for assessment years prior to 2021-22, if employee contributions to PF and ESI are deposited before the due date of filing the return of income under Section 139(1), the deduction cannot be disallowed under Section 43B or Section 36(1)(va). The amendments introduced by the Finance Act, 2021, are prospective.

DY. C.I.T. CENTRAL CIR.-1(3), NAGPUR vs SHRI KIRIT SHARAD JOSHI, NAGPUR

ITA 609/NAG/2016[2007-08]Status: Disposed25 Apr 2022AY 2007-08Dismissed

The Tribunal held that once a Keyman Insurance Policy is assigned to an employee, it becomes an ordinary life insurance policy. The amendment to the definition of Keyman Insurance Policy was prospective and did not apply to assignments and maturities that occurred before its effective date.

M/S HLA ENTERPRISES PVT. LTD,NAGPUR vs DY, CIT(TDS) CIR. 1, NAGPUR

ITA 542/NAG/2016[2013-14]Status: Disposed21 Apr 2022AY 2013-14Remanded

The Tribunal allowed the admission of additional evidence, specifically a certificate in Form 27BA, which was not available earlier. The matter was restored to the Assessing Officer for de novo adjudication.

M/S GUPTA DOMASTIC FUELS(NAGPUR) LTD.,NAGPUR vs PRINCIPAL C.I.T.-(CENTRAL), NAGPUR

ITA 308/NAG/2016[2011-12]Status: Disposed5 Apr 2022AY 2011-12Allowed

The Tribunal held that the Assessing Officer's view of allowing expenses genuinely incurred for non-delivery based transactions was plausible and consistent with previous years' assessments. The Pr. CIT's conclusion that no actual business was done was based on a misconception.

M/S AHUJA BULKS MOVERS PVT. LTD.,NAGPUR vs ACIT, CIRCAL-1, NAGPUR

ITA 180/NAG/2017[2012-13]Status: Disposed5 Apr 2022AY 2012-13Allowed

The Tribunal admitted additional evidence (Form 26A certificate) showing the payee included the interest income and paid taxes. Consequently, the disallowance under Section 40(a)(ia) was set aside as per the second proviso.

M/S GUPTA INTERNATIONAL INDUSTRIES LTD LTD.,NAGPUR vs PRINCIPAL C.I.T.-(CENTRAL), NAGPUR

ITA 309/NAG/2016[2011-12]Status: Disposed5 Apr 2022AY 2011-12Allowed

The Tribunal held that the Assessing Officer's view of allowing expenses genuinely incurred for non-delivery based transactions was plausible and consistent with previous years' assessments. The Pr. CIT's conclusion that no actual business was done was based on a misconception.

M/S SHRIGOPAL RAMESHKUMAR SALES PVT. LTD,NAGPUR vs ASSISTANT COMISSIONER CENTRAL CIRCLE 1(3), NAGPUR

ITA 163/NAG/2018[2009-10]Status: Disposed1 Apr 2022AY 2009-10Allowed

The Tribunal held that in the absence of incriminating material found during search proceedings, the Assessing Officer's scope for making additions in an unabated assessment under Section 153A is restricted. Therefore, the revision order by the Principal CIT was not sustainable.

M/S BHAGYASHRI NAGRI SAH. PAT SANSTH MARYADIT,CHANDRAPUR vs PR. CIT-3, NAGPUR

ITA 122/NAG/2018[2013-2014]Status: Disposed1 Apr 2022AY 2013-2014Allowed

The Tribunal held that the Pr. CIT erred in revising the assessment order regarding the deduction of interest on bank deposits and delayed PF contributions. The Assessing Officer's view was considered plausible.

PRADEEP DATTATRAYA BANGINWAR,YAVATMAL vs PRINCIPAL COMMISSIONER OF INCOME TAX-II, NAGPUR

ITA 28/NAG/2021[2011-12]Status: Disposed1 Apr 2022AY 2011-12Allowed

The Tribunal held that the very basis for reopening the case under Section 147 was factually incorrect and non-existent. Therefore, the reassessment order passed by the AO was based on an invalid assumption of jurisdiction. Consequently, the PCIT could not have revised an order that was fundamentally flawed from its inception.

BHAGYASHRI NAGRI SAHAKARI PAT SANSTHA MARYADIT,CHANDRAPUR vs PR. COMMISSIONER OF INCOME TAX -3, NAGPUR

ITA 112/NAG/2019[2014-15]Status: Disposed1 Apr 2022AY 2014-15Allowed

The Tribunal held that the Pr. CIT erred in revising the assessment order regarding the deduction of interest on bank deposits and delayed PF contributions. The original assessment order was restored.