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

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 Bench of same (Pune) Tribunal in case of :- Jay Tuljabhavani Sah. Patpedhi Pragati V/s ITO (ITAT Pune) Relevant Para

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

TDS, details of Bank Accounts and details of various other expenses, etc. The appellant through his AR explained the case from time to time. From the documents submitted and 4 The Nirmal Ujwal Credit Co–operative Society Ltd. A.Y. 2012–13 explanations provided by the appellant, the AO notices that the appellant had earned interest income from Fixed Deposits with

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

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

TDS of Rs.12,52,000 has been duly deposited with government and hence, disallowance under section 40a(ia) is not warranted. 8 Latitude Infraventures ITA no.349 & 350/Nag./2024 A.Y. 2016–17 & 2017–18 3.5 Therefore, the issues sought to be revised by the learned CIT does not result into any prejudice to the Revenue. Therefore, the twin condition of order

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

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

TDS of Rs.12,52,000 has been duly deposited with government and hence, disallowance under section 40a(ia) is not warranted. 8 Latitude Infraventures ITA no.349 & 350/Nag./2024 A.Y. 2016–17 & 2017–18 3.5 Therefore, the issues sought to be revised by the learned CIT does not result into any prejudice to the Revenue. Therefore, the twin condition of order

VIJAY VINOD DURAGKAR,NAGPUR vs. INCOME TAX OFFICER WARD 4(4), NAGPUR

In the result, appeal filed by the assessee is partly allowed

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

2 of s. 147 authorizes the Assessing officer to reopen an assessment wherever there is an "under statement of 11 Vijaya Vinod Duragkar income", the AO is not entitled to assume that there is "under statement of income" merely because the assessee's income is "shockingly low" and others in the same line of business are returning a higher income

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

iv) CIT v. Usha Stud Agricultural Farms Ltd. (2008) 183 taxmann.com 277 (Del HC) held as under: “2. Brief facts of the case are that the assessee filed ROI for the AY99-00 on 27-12-99. The assessment order was passed on 22-3-02 u/s143(3)/147 and it was noticed by the AO that the assessee

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

iv) CIT v. Usha Stud Agricultural Farms Ltd. (2008) 183 taxmann.com 277 (Del HC) held as under: “2. Brief facts of the case are that the assessee filed ROI for the AY99-00 on 27-12-99. The assessment order was passed on 22-3-02 u/s143(3)/147 and it was noticed by the AO that the assessee

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

iv) CIT v. Usha Stud Agricultural Farms Ltd. (2008) 183 taxmann.com 277 (Del HC) held as under: “2. Brief facts of the case are that the assessee filed ROI for the AY99-00 on 27-12-99. The assessment order was passed on 22-3-02 u/s143(3)/147 and it was noticed by the AO that the assessee

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. ACIT CENTRAL CIRCLE-1(1), NAGPUR

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

iv) CIT v. Usha Stud Agricultural Farms Ltd. (2008) 183 taxmann.com 277 (Del HC) held as under: “2. Brief facts of the case are that the assessee filed ROI for the AY99-00 on 27-12-99. The assessment order was passed on 22-3-02 u/s143(3)/147 and it was noticed by the AO that the assessee

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

iv) CIT v. Usha Stud Agricultural Farms Ltd. (2008) 183 taxmann.com 277 (Del HC) held as under: “2. Brief facts of the case are that the assessee filed ROI for the AY99-00 on 27-12-99. The assessment order was passed on 22-3-02 u/s143(3)/147 and it was noticed by the AO that the assessee

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

iv) CIT v. Usha Stud Agricultural Farms Ltd. (2008) 183 taxmann.com 277 (Del HC) held as under: “2. Brief facts of the case are that the assessee filed ROI for the AY99-00 on 27-12-99. The assessment order was passed on 22-3-02 u/s143(3)/147 and it was noticed by the AO that the assessee

HASANTE BURHANIAH FIDAYYIAH TRUST,NAGPUR vs. INCOME TAX OFFICER (TDS) WARD-1, NAGPUR

In the result, assessee’s appeals for A

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

2) of section 272A became redundant and by adding a proviso to the said section, this effect was therefore limited upto 01.07.2011. 17. In essence, section 234E thus prescribed for the first time charging of a fee for every day of default in filing of statement under sub–section (3) of section 200 or any proviso to sub–section

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

iv) S.Hussain 3,17,327.00 Total 13,22,460.00 a) B.V.G. Sudhakar : B.V.G. Sudhakar is working as manager in the firm and on 16/11/2019, the company has advanced to him a sum of Rs.10,00,000/- for company work by cheque No. 8025692 of ICICI Bank. The said amount was returned by Shri B.V.G. Sudhakar on 21/11/2019 (Copy of bank

SHRIRAM DADAJI MATTE,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, NAGPUR

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

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

iv), and its liability to deposit amounts received by it or deducted by it (Section 36(1)(va)) is, thus crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied

SHRIRAM DADAJI MATTE,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, NAGPUR

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

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

iv), and its liability to deposit amounts received by it or deducted by it (Section 36(1)(va)) is, thus crucial. The former forms part of the employers’ income, and the later retains its character as an income (albeit deemed), by virtue of Section 2(24)(x) - unless the conditions spelt by Explanation to Section 36(1)(va) are satisfied

CHANDRAKUMAR MADHUSUDANJI JAJODIA,THANE vs. ASSISTANT COMMISSIONER OF INCOME TAX, AMRAVATI CIRCLE

In the result, appeal filed by the assessee is allowed

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

section 143(2) are mandatory. Without issue of notice u/s 143(2) no valid assessment is framed. Reliance on: i) (2010) 321 ITR 362 (SC) ACIT & Anr. Vs. Hotel Blue Moon (P- 103 – 112) (105) ii) (2019) 108 taxmann.com 183 (SC) CIT vs. Laxman Das Khandelwal (P- 113 – 118) (114) iii) ITAT order in ITA No.1744/Mum/2016 in the case

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

17-26 224/NAG/2019 M/s. Padgilwar Agro ACIT, 2013-14 Q2 26Q To Industries CPC-TDS, 2013-14 Q3 26Q 233/NAG/2019 192, Central Avenue Ghaziabad 2013-14 Q4 26Q Road, Wardhaman 2014-15 Q1 26Q Nagar, 2014-15 Q2 26Q Nagpur – 440008 2014-15 Q3 26Q 2014-15 Q4 26Q PAN: AACFP0324Q

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

17-26 224/NAG/2019 M/s. Padgilwar Agro ACIT, 2013-14 Q2 26Q To Industries CPC-TDS, 2013-14 Q3 26Q 233/NAG/2019 192, Central Avenue Ghaziabad 2013-14 Q4 26Q Road, Wardhaman 2014-15 Q1 26Q Nagar, 2014-15 Q2 26Q Nagpur – 440008 2014-15 Q3 26Q 2014-15 Q4 26Q PAN: AACFP0324Q

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

17-26 224/NAG/2019 M/s. Padgilwar Agro ACIT, 2013-14 Q2 26Q To Industries CPC-TDS, 2013-14 Q3 26Q 233/NAG/2019 192, Central Avenue Ghaziabad 2013-14 Q4 26Q Road, Wardhaman 2014-15 Q1 26Q Nagar, 2014-15 Q2 26Q Nagpur – 440008 2014-15 Q3 26Q 2014-15 Q4 26Q PAN: AACFP0324Q