SANJAY KISAN CHOPDE,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, NAGPUR

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.176/Nag/2022 िनधा"रण वष" / Assessment Year : 2014-15 Sanjay Kisan Chopde, The Deputy Balaji Associates, Gs 37, Vs Commissioner Of Amar Jyoti Palace, Lomat Income Tax, Circle-1, Square, Wardha Road, Nagpur. Nagpur – 440012. Pan: Abapc6968N Appellant/ Assessee Respondent/Revenue Assessee By Shri Abhay Agrawal – Advocate Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 25/01/2024 Date Of Pronouncement 30/01/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Dated 30.3.2022 Emanating From Assessment Order Under Section 143(3) Dated 30.06.2016 For A.Y.2014-15. The Grounds Of Appeal Raised By The Assessee Are As Under : Sanjay Kisan Chopde [A]

TDS credit of Rs.20,000 rather than making addition of Rs.200,000 to total income of the assessee. 6. The Appellant

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SHRI DHARAMPAL R.AGRAWAL, NAGPUR

In the result, Revenue’s appeal stands dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

addition was made by the AO mainly due to the mention of word 'cash' in the seized documents. On the left side of the documents, it is noted that the loans were taken in cheque. Normally, in that situation, the loans would not be repaid in cash. However, as argued by the 13 Shri Dharampal Ramkumar Agarwal ITA no.307/Nag./2016

DCIT-CC-1(3), NAGPUR, NAGPUR vs. R.B.S.D. AND F.N. DAS(EXPORT FIRM), VIZIANAGRAM

In the result, appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

TDS amount etc. 9 R.B.S.D. And F.N. Das Export Firm ITA no.234/Nag./2023 5.3 However, in the assessment order the learned AO has made addition of Rs. 15,28,000/- u/s 69C r.w.s. 115BBE of IT Act since in the statement recorded u/s 132 Shri Manvendra Mor, partner of the firm, had agreed to offer this amount as additional income

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-5, NAGPUR vs. THE NIRMAL UJWAL CREDIT CO-OP SOCIETY LTD, NAGPUR

In the result, appeal filed by the Revenue for the assessment year

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

income, copy of Audit Report, details of additions to fixed assets, details of deductions claimed, details of TDS, details of Bank

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

In the result, appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

income. He pointed out that, without prejudice to the arguments on the merits of the various additions made, which he sought to argue to merits as well, this additional surrender encapsulates the miscellaneous additions made by the Assessing Officer much less additions totalling to ` 37,47,574 (` 31,90,320 + ` 5,27,067 + ` 30,187) as well as other additions

GURPALSINGH CHANANSINGH NAGRA,AKOLA vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGLORE

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri K.M. Roy

TDS was made in the hands of the assessee using his PAN. The receipt is already included in the hands of the firm and hence adding the same is in the hands of the assessee is incorrect and unjustifiable. Thus, the assessee has submitted that the income which is subject matter of the addition

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

In the result, Revenue’s appeal is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Income Tax Act. The assessee has complied with the provisions of TDS on the interest payments as stated by the AO in the Remand Report. On facts, it is held that the addition

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX OFFICER WARD-1, WARDHA

In the result, appeal by the assessee for A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

addition made by Learned AO to the Income of Appellant to the extent of Rs.41,88,448/- in respect of interest income by treating interest income received on FD of Nationalized Banks as income from other sources u/s 56 of Income Tax Act, 1960 by wrongly applying ratio laid down by Supreme Court in the case of Totagars

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX WARD-1, WARDHA

In the result, appeal by the assessee for A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

addition made by Learned AO to the Income of Appellant to the extent of Rs.41,88,448/- in respect of interest income by treating interest income received on FD of Nationalized Banks as income from other sources u/s 56 of Income Tax Act, 1960 by wrongly applying ratio laid down by Supreme Court in the case of Totagars

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX OFFICER WARD-1, WARDHA

In the result, appeal by the assessee for A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

addition made by Learned AO to the Income of Appellant to the extent of Rs.41,88,448/- in respect of interest income by treating interest income received on FD of Nationalized Banks as income from other sources u/s 56 of Income Tax Act, 1960 by wrongly applying ratio laid down by Supreme Court in the case of Totagars

FRIENDS TIMBER PVT. LTD,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, NAGPUR

In the result, appeal filed by the assessee is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

addition made by the Assessing Officer on account of interest claimed on TDS, TCS and income tax aggregating to ` 1,53,188, we find

BAJAJ STEEL INDUSTIES LTD.,NAGPUR vs. ASSESSIG OFFICER, NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.20/Nag/2023 िनधा"रण वष" / Assessment Year : 2018-19 Bajaj Steel Industries The Assessing Officer, Limited, Vs National E-Assessment 539/540, Imambada Road, Centre, Delhi. Maharashtra. Pan: Aaacb 5340 H Appellant / Assessee Respondent / Revenue Assessee By Shri Rajesh V. Loya – Ca Revenue By Shri Kailash Kanojiya – Sr.Dr Date Of Hearing 28/08/2023 Date Of Pronouncement 30/08/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Under Section 250 Of The Income Tax Act, 1961 Passed By The Ld.Cit(A)[Nfac], Delhi Dated 22.12.2022 For A.Y.2018-19 Emanating From Assessment Order Under Section 143(3) R.W.S. 144B Of The Act Dated 24.04.2021. The Assessee Has Raised Following Grounds Of Appeal : Bajaj Steel Industries Limited [A]

addition of Rs. 19,14,906/- being 30% of total of Rs.63,83,020/- comprising of Gratuity, Supervision Charges, Leave Encashment and Attendance Allowance u/s 40(a)(ia) of the Income Tax Act, 1961 holding that the TDS

RAVINDRA KHANDELWAL,AKOLA vs. ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE AKOLA , AKOLA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

TDS has been deducted on the same. 2.5 The fact that the assessee has repaid the money in itself draws the proposition that the addition under section 68 is unwarranted. Further, the Income

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX WARD-1, WARDHA

In the result, appeal by the assessee for A

addition made by Learned AO to the Income of Appellant to the\nextent of Rs.41,88,448/- in respect of interest income by treating interest\nincome received on FD of Nationalized Banks as income from other sources\nu/s 56 of Income Tax Act, 1960 by wrongly applying ratio laid down by\nSupreme Court in the case of Totagars

YASH TRAVELS AND TOURS PRIVATE LIMITED,NAGPUR vs. THE INCOME TAX OFFICER WARD - 2(2) NAGPUR, NAGPUR

In the result, the grounds of appeal raised by the assessee are

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy(Physical Hearing) Yash Travels & Tours Pvt. Ltd. Ito, Ward–2(2), Nagpur F–5, Shrdha House, Vs Aayakar Bhawan, Civil Lines, Kingsway, Nagpur–4440001. Nagpur–440001. [Pan: Aaacy3931D] Appellant / Assessee Respondent / Revenue

Additional Commissioner, Nagpur Division, Nagpur dated 09.10.2013 in Arbitration Case No. 59/ARB/2011-12,  Copy of payment voucher of compensation with detail of compensation and working of interest on such compensation paid on 01.06.2011,  Copy of return of income with computation of income, copy of audit report with balance-sheet and all relevant financial statements,  Copy of Form AS26 (details of TDS

AKSHAY GAJANAN SURYAWANSHI DESHMUKH,CHIKHLI vs. ITO WARD-2, KHAMGAON

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

income at the hands of assessee, resulting into unjustified addition. 3 Akshay Gajanan Suryawanshi Deshmukh ITA no.385/Nag./2024 10) Addition made by A.O. in respect to TCS amount at Rs.5,19,653/- is unjustified, unwarranted and excessive. 11) The learned A.O. erred in making addition at Rs.5,19,653/- on account of TCS even though no such claim as expenditure

ACIT CENTRAL CIRCLE-1(3), NAGPUR vs. R.B.S.D. AND F.N. DAS (EXPORT FIRM), VIZIANAGARAM

In the result, appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

TDS thereon. However, the Id 8 R.B.S.D. And F.N. Das (Export Firm) ITA no.27/Nag./2024 AO held that in the statement recorded during survey/search Shri Manvendra Mor partner of appellant, had agreed to offer this amount as additional income

RAVINDRA MADANLAL KHANDELWAL,AKOLA vs. DCIT/ACIT CIRCLE , AKOLA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

TDS returns of the assessee. However, the assessee did not submitted tax returns and Bank Statements of the lender making it 3 Ravindra Madanlal Khandelwal ITA no.375/Nag./2024 challenging to assess their capacity to lend such amounts. It was submitted by the assessee that they are unable to submit the return of income and bank statements of the lenders

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-5, NAGPUR vs. THE NIRMAL UJWAL CREDIT CO-OP SOCIETY LTD, NAGPUR

In the result, appeal for the A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

addition made by way of disallowance u/s. 40(a)(ia) of the Act made on account of non-deduction of TDS. We thus do not find reason to interfere with the first appellate order on the issue. The same is upheld. The issue is thus decided against the revenue. The above judicial pronouncement has also been followed by co- ordinate