BANK OF INDIA ,PRASHEONI BRANCH vs. ACIT,CPC,TDS, GHAZIABAD

In the result, all the appeals filed by the assessee are allowed

Bench: Shri Vikram Singh Yadav & Shri Yogesh Kumar U.S

section 200A, which is effective from 01.06.2015. In this regard, our reference was drawn to the following table containing the requisite particulars in respect of the TDS statements filed by the respective branches of the assessee wherein the late fee u/s 234E has been levied while processing the TDS statements by the ACIT TDS-CPC and which has been confirmed

BANK OF INDIA,SIHORA BRANCH vs. ACIT,CPC(TDS), GHAZIABAD

In the result, all the appeals filed by the assessee are allowed

Bench: Shri Vikram Singh Yadav & Shri Yogesh Kumar U.S

section 200A, which is effective from 01.06.2015. In this regard, our reference was drawn to the following table containing the requisite particulars in respect of the TDS statements filed by the respective branches of the assessee wherein the late fee u/s 234E has been levied while processing the TDS statements by the ACIT TDS-CPC and which has been confirmed

ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

26 ACIT, CIRCLE-7, NAGPUR VS M/s. Newquest Corporation Ltd. (Now known as Avantha Holdings Ltd) "10. Even from the facts of the case it is seen that the expenditure incurred by the assessee is not creating any enduring benefit of an asset but is rather helping the assessee in augmenting its sales and resultantly its profit. Even

M/S INDOWORTH INDIA LIMITED,NAGPUR vs. ACIT(TDS), CIRCLE 51(1) , NAGPUR

In the result, appeal filed by the assessee for A

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

section 201(3) the Financial Act, 2012. 3. The non–deduction TDS and interest thereon u/s 201(1) and 201(1A) on share application money of Rs.55,89,527/- amounting to Rs.22,45,596/- is incorrect, illegal, bad in law and without natural justice and the same is to be deleted. 4. That the levy of TDS on advance Share

INDOWORTH INDIA LIMITED,NAGPUR vs. ACIT(TDS), CIRCLE 51(1), NAGPUR

In the result, appeal filed by the assessee for A

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

section 201(3) the Financial Act, 2012. 3. The non–deduction TDS and interest thereon u/s 201(1) and 201(1A) on share application money of Rs.55,89,527/- amounting to Rs.22,45,596/- is incorrect, illegal, bad in law and without natural justice and the same is to be deleted. 4. That the levy of TDS on advance Share

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

10% additional amount of total compensation i.e. is Rs.1,27,85,850/- as per Section 3-G(2) of National Highway Act-1956. The assessee was further allowed interest @ 9.00% per annum on the enhanced compensation w.e.f. from date of notification under section 3-D of National Highway Act i.e. from 01.06.2011. As per working of interest

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

26,32,896/-. The assessee has submitted ledger account of HDFC Mutual Fund in submission dated 18-01-2016. The dividend from Mutual Fund is exempt u/s 10(35) of IT Act in the hands of assessee investor. In submission dated 13.01.2016 and earlier submission dated 27.11.2013, the assessee has submitted the details of the dividend received from HDFC Mutual

DIGP GC CRPF,NAGPUR vs. DCIT CPC (TDS), GHAZIABAD

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.294 & 295/Nag/2022 Assessment Year : 2015-16 Digp Group Centre Crpf, Vs. Dcit, Cpc (Tds), D/O The Office Of The Digp Ghaziabad. Group Centre, Hingna Road, Digdoh Hills, Midc Area, Nagpur- 440019. Pan : Aaagd0143E Appellant Respondent Assessee By : Shri Kapil Hirani Revenue By : Smt. Rashmi Mathur Date Of Hearing : 17.07.2023 Date Of Pronouncement : 18.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 15.12.2021 For The Assessment Year 2015-16 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.294/Nag/2022 For The Assessment Year 2015-16 Are Stated Herein.

26. Under these circumstances, we find that no further discussion would be required for examining the constitutional validity of Section 234E of the Act. Save and except to observe that the question of constitutional validity of Section 234E of the Act before the Division concluded. 27. In view of the aforesaid observations and discussion, the impugned notices under Section 200A

DIGP GROUP CENTRE CRPF,NAGPUR vs. DCIT CPC(TDS) , GHAZIABAD

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.294 & 295/Nag/2022 Assessment Year : 2015-16 Digp Group Centre Crpf, Vs. Dcit, Cpc (Tds), D/O The Office Of The Digp Ghaziabad. Group Centre, Hingna Road, Digdoh Hills, Midc Area, Nagpur- 440019. Pan : Aaagd0143E Appellant Respondent Assessee By : Shri Kapil Hirani Revenue By : Smt. Rashmi Mathur Date Of Hearing : 17.07.2023 Date Of Pronouncement : 18.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By Assessee Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 15.12.2021 For The Assessment Year 2015-16 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.294/Nag/2022 For The Assessment Year 2015-16 Are Stated Herein.

26. Under these circumstances, we find that no further discussion would be required for examining the constitutional validity of Section 234E of the Act. Save and except to observe that the question of constitutional validity of Section 234E of the Act before the Division concluded. 27. In view of the aforesaid observations and discussion, the impugned notices under Section 200A

ASSISTANT COMMISSIONER OF INCOME TAX AKOLA CIRCLE , AKOLA vs. AKOLA URBAN CO-OPRATIVE BANK LTD , AKOLA

In the result, appeal filed by the Revenue is dismissed

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

TDS was not deducted. Such disallowance was made under section 40(a)(ia) of the Act. Effectively, the business loss to be carried forward for subsequent years was reduced. Being aggrieved, appeal was preferred. 3 The Akola Urban Co–operative Bank Ltd. ITA no.119/Nag./2020 4. The learned CIT(A) elaborately dealt with the issue vide Para

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 No. Deducted 1 Amarchand Omprakash Kasat 4,200 - 2 Arihant Corporation 30,667 3,067 3 Ashok Bharatlal Agrawal 1,100 - 4 Ashok Bharatlal Agrawal (HUF) 11,025 1,103 5 Baba Accosiates 1,07,000 10,700 6 Bilala Refinaries 1,02,000 10,200 7 Chandadevi B Khandelwal 73,608 7,361 8 Chetan Ashok Agrawal

M/S ATASHA ASHIRWAD BUILDERS,NAGPUR vs. A.C.I.T (TDS) RANGE 1, NAGPUR

In the result, the appeal of assessee is allowed

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

26. Applying the said ratio laid down by the Hon'ble Allahabad High Court in Raja Harpal Singh Inter College's case (supra), there is no merit in the plea of the learned Departmental Representative for the Revenue that the Hon'ble High Court has laid down the proposition that in every case of default in filing the I.T.A. No.1999/Mum/2017

BANK OF INDIA, DONGARGAON NAGPUR vs. DY.CIT(TDS), CIRCLE-1, NAGPUR

In the result, all the appeals are partly allowed in light of aforesaid directions

Bench: Shri Vikram Singh Yadav & Shri Yogesh Kumar U.S

section 201(3)(i) of the Act. In support, the assessee placed reliance on the decision of Hon’ble Gujarat High court in case of Tata Teleservice v/s Union Of India and Anr (2016) 385 ITR 497 (Guj). Further, the ld. AR placed reliance on the decision of Pune Benches of the Tribunal in case of Bank of India

BANK OF INDIA,MAHAL BRANCH NAGPUR vs. DY.CIT(TDS)CIRCLE-1, NAGPUR

In the result, all the appeals are partly allowed in light of aforesaid directions

Bench: Shri Vikram Singh Yadav & Shri Yogesh Kumar U.S

section 201(3)(i) of the Act. In support, the assessee placed reliance on the decision of Hon’ble Gujarat High court in case of Tata Teleservice v/s Union Of India and Anr (2016) 385 ITR 497 (Guj). Further, the ld. AR placed reliance on the decision of Pune Benches of the Tribunal in case of Bank of India

BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX (TDS), CIRCLE-1, NAGPUR

In the result, all the appeals are partly allowed in above terms

Bench: Shri R.S.Syal & Shri Partha Sarathi Chaudhury

26 327/NAG/2022 Bank of India, -do- 2014-15 Nagpur main Branch 27 328/NAG/2022 Bank of India, -do- 2013-14 Medical College Branch 28 338/Nag/2022 Bank of India, JCIT (OSD),TDS, 2012-13 R.T. Road Branch Circle-1, Nagpur 29 339/Nag/2022 Bank of India, -do- 2013-14 Kamleshwar Branch 30 340/Nag/2022 Bank of India, -do- 2013-14 Saoner Branch 31 341/Nag/2022

BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER OF INDIA (TDS), CIRCLE-1, NAGPUR

In the result, all the appeals are partly allowed in above terms

Bench: Shri R.S.Syal & Shri Partha Sarathi Chaudhury

26 327/NAG/2022 Bank of India, -do- 2014-15 Nagpur main Branch 27 328/NAG/2022 Bank of India, -do- 2013-14 Medical College Branch 28 338/Nag/2022 Bank of India, JCIT (OSD),TDS, 2012-13 R.T. Road Branch Circle-1, Nagpur 29 339/Nag/2022 Bank of India, -do- 2013-14 Kamleshwar Branch 30 340/Nag/2022 Bank of India, -do- 2013-14 Saoner Branch 31 341/Nag/2022

BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER INCOME TAX(TDS),CIRCLE-1, NAGPUR

In the result, all the appeals are partly allowed in above terms

Bench: Shri R.S.Syal & Shri Partha Sarathi Chaudhury

26 327/NAG/2022 Bank of India, -do- 2014-15 Nagpur main Branch 27 328/NAG/2022 Bank of India, -do- 2013-14 Medical College Branch 28 338/Nag/2022 Bank of India, JCIT (OSD),TDS, 2012-13 R.T. Road Branch Circle-1, Nagpur 29 339/Nag/2022 Bank of India, -do- 2013-14 Kamleshwar Branch 30 340/Nag/2022 Bank of India, -do- 2013-14 Saoner Branch 31 341/Nag/2022

BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX (TDS), CIRCLE-1, NAGPUR

In the result, all the appeals are partly allowed in above terms

Bench: Shri R.S.Syal & Shri Partha Sarathi Chaudhury

26 327/NAG/2022 Bank of India, -do- 2014-15 Nagpur main Branch 27 328/NAG/2022 Bank of India, -do- 2013-14 Medical College Branch 28 338/Nag/2022 Bank of India, JCIT (OSD),TDS, 2012-13 R.T. Road Branch Circle-1, Nagpur 29 339/Nag/2022 Bank of India, -do- 2013-14 Kamleshwar Branch 30 340/Nag/2022 Bank of India, -do- 2013-14 Saoner Branch 31 341/Nag/2022

BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX (TDS), CIRCLE-1, NAGPUR

In the result, all the appeals are partly allowed in above terms

Bench: Shri R.S.Syal & Shri Partha Sarathi Chaudhury

26 327/NAG/2022 Bank of India, -do- 2014-15 Nagpur main Branch 27 328/NAG/2022 Bank of India, -do- 2013-14 Medical College Branch 28 338/Nag/2022 Bank of India, JCIT (OSD),TDS, 2012-13 R.T. Road Branch Circle-1, Nagpur 29 339/Nag/2022 Bank of India, -do- 2013-14 Kamleshwar Branch 30 340/Nag/2022 Bank of India, -do- 2013-14 Saoner Branch 31 341/Nag/2022