I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. ULTRATECH CEMENT LTD UNIT AWARPUR CEMENT WORKS,

In the result, the appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Shri Ram Lal Negi

TDS deducted in view of the amendments introduced in Section 194C(3) of the Income Tax Act, 1961 vide Finance

I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. BILT GRAPHIC PAPER PROUDUCTS LTD., CHANDRAPUR

In the result, the appeal of the Revenue in ITA

TDS as per section 194C of the Act. In such facts, the action of the ld. A.O. of raising the demand for tax and interest on the appellant u/s. 201(1)/201(1A) of the Act is held to be erroneous and is therefore directed to be deleted.” 7. Before us, ld. DR for the Revenue relied heavily

I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. BILT GRAPHIC PAPER PROUDUCTS LTD.,

In the result, the appeal of the Revenue in ITA

TDS as per section 194C of the Act. In such facts, the action of the ld. A.O. of raising the demand for tax and interest on the appellant u/s. 201(1)/201(1A) of the Act is held to be erroneous and is therefore directed to be deleted.” 7. Before us, ld. DR for the Revenue relied heavily

I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. BILT GRAPHIC PAPER PROUDUCTS LTD., CHANDRAPUR

In the result, the appeal of the Revenue in ITA

TDS as per section 194C of the Act. In such facts, the action of the ld. A.O. of raising the demand for tax and interest on the appellant u/s. 201(1)/201(1A) of the Act is held to be erroneous and is therefore directed to be deleted.” 7. Before us, ld. DR for the Revenue relied heavily

I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. BILT GRAPHIC PAPER PROUDUCTS LTD.,

In the result, the appeal of the Revenue in ITA

TDS as per section 194C of the Act. In such facts, the action of the ld. A.O. of raising the demand for tax and interest on the appellant u/s. 201(1)/201(1A) of the Act is held to be erroneous and is therefore directed to be deleted.” 7. Before us, ld. DR for the Revenue relied heavily

I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. BILT GRAPHIC PAPER PROUDUCTS LTD.,

In the result, the appeal of the Revenue in ITA

TDS as per section 194C of the Act. In such facts, the action of the ld. A.O. of raising the demand for tax and interest on the appellant u/s. 201(1)/201(1A) of the Act is held to be erroneous and is therefore directed to be deleted.” 7. Before us, ld. DR for the Revenue relied heavily

I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. BILT GRAPHIC PAPER PROUDUCTS LTD., CHANDRAPUR

In the result, the appeal of the Revenue in ITA

TDS as per section 194C of the Act. In such facts, the action of the ld. A.O. of raising the demand for tax and interest on the appellant u/s. 201(1)/201(1A) of the Act is held to be erroneous and is therefore directed to be deleted.” 7. Before us, ld. DR for the Revenue relied heavily

M/S PYRAMID DEVELOPERS,NAGPUR vs. JOINT CIT RANGE 1, NAGPUR

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

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

3) of the Act. The Assessing Officer also made addition of penalty expenses of ` 1,19,230, rent of ` 1,98,450 under section 40(a)(ia) of the Act for failure to deduct TDS under section 194I of the Act, and also disallowed the amount of ` 2,57,530 towards advertisement expenses 6 M/s. Pyramid Developers M/s. Pyramid Arcade

ITO (TDS), WARD-2(3),, NAGPUR vs. ACC LTD.,, CHANDRAPUR

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.73 To 76/Nag/2017 िनधा"रण वष" / Assessment Years : 2011-12 To 2014-15 Ito (Tds), Ward-2(3), Vs. Acc Ltd., Chandrapur- 442401. Chanda Cement Works, P.O. Cement Nagar, Chandrapur, Dist.- Chandrapur, Chandrapur - 442502. Pan : Aaact1507C Appellant Respondent Revenue By : Shri Maurya Pratap Assessee By : Shri Chaitanya D. Joshi Date Of Hearing : 20.07.2023 Date Of Pronouncement : 31.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Nagpur [‘The Cit(A)’] Dated 26.12.2016 Quashing The Order Passed By The Income Tax Officer (Tds), Ward-2(3), Chandrapur U/S 201(1) Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Years 2011-12 To 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.73/Nag/2017 For The Assessment Year 2011-12 Are Stated Herein.

TDS Officer misconstrued the provisions of sub-section (6) of section 194C, which is not the requirements of law that the assessee should carriages. However, the ld. CIT(A) merely made a reference to the submissions of the assessee that it had complied with the provisions of sub-section (6) of section 194C of the Act read with Rule

ITO (TDS), WARD-2(3),, CHANDRAPUR vs. ACC LTD.,, CHANDRAPUR

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.73 To 76/Nag/2017 िनधा"रण वष" / Assessment Years : 2011-12 To 2014-15 Ito (Tds), Ward-2(3), Vs. Acc Ltd., Chandrapur- 442401. Chanda Cement Works, P.O. Cement Nagar, Chandrapur, Dist.- Chandrapur, Chandrapur - 442502. Pan : Aaact1507C Appellant Respondent Revenue By : Shri Maurya Pratap Assessee By : Shri Chaitanya D. Joshi Date Of Hearing : 20.07.2023 Date Of Pronouncement : 31.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Nagpur [‘The Cit(A)’] Dated 26.12.2016 Quashing The Order Passed By The Income Tax Officer (Tds), Ward-2(3), Chandrapur U/S 201(1) Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Years 2011-12 To 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.73/Nag/2017 For The Assessment Year 2011-12 Are Stated Herein.

TDS Officer misconstrued the provisions of sub-section (6) of section 194C, which is not the requirements of law that the assessee should carriages. However, the ld. CIT(A) merely made a reference to the submissions of the assessee that it had complied with the provisions of sub-section (6) of section 194C of the Act read with Rule

ITO (TDS), WARD-2(3),, CHANDRAPUR vs. ACC LTD.,, CHANDRAPUR

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.73 To 76/Nag/2017 िनधा"रण वष" / Assessment Years : 2011-12 To 2014-15 Ito (Tds), Ward-2(3), Vs. Acc Ltd., Chandrapur- 442401. Chanda Cement Works, P.O. Cement Nagar, Chandrapur, Dist.- Chandrapur, Chandrapur - 442502. Pan : Aaact1507C Appellant Respondent Revenue By : Shri Maurya Pratap Assessee By : Shri Chaitanya D. Joshi Date Of Hearing : 20.07.2023 Date Of Pronouncement : 31.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Nagpur [‘The Cit(A)’] Dated 26.12.2016 Quashing The Order Passed By The Income Tax Officer (Tds), Ward-2(3), Chandrapur U/S 201(1) Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Years 2011-12 To 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.73/Nag/2017 For The Assessment Year 2011-12 Are Stated Herein.

TDS Officer misconstrued the provisions of sub-section (6) of section 194C, which is not the requirements of law that the assessee should carriages. However, the ld. CIT(A) merely made a reference to the submissions of the assessee that it had complied with the provisions of sub-section (6) of section 194C of the Act read with Rule

ITO (TDS), WARD-2(3),, CHANDRAPUR vs. ACC LTD.,, CHANDRAPUR

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.73 To 76/Nag/2017 िनधा"रण वष" / Assessment Years : 2011-12 To 2014-15 Ito (Tds), Ward-2(3), Vs. Acc Ltd., Chandrapur- 442401. Chanda Cement Works, P.O. Cement Nagar, Chandrapur, Dist.- Chandrapur, Chandrapur - 442502. Pan : Aaact1507C Appellant Respondent Revenue By : Shri Maurya Pratap Assessee By : Shri Chaitanya D. Joshi Date Of Hearing : 20.07.2023 Date Of Pronouncement : 31.07.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Nagpur [‘The Cit(A)’] Dated 26.12.2016 Quashing The Order Passed By The Income Tax Officer (Tds), Ward-2(3), Chandrapur U/S 201(1) Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Years 2011-12 To 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.73/Nag/2017 For The Assessment Year 2011-12 Are Stated Herein.

TDS Officer misconstrued the provisions of sub-section (6) of section 194C, which is not the requirements of law that the assessee should carriages. However, the ld. CIT(A) merely made a reference to the submissions of the assessee that it had complied with the provisions of sub-section (6) of section 194C of the Act read with Rule

KHALID NADEEM ALLARAKHA,NAGPUR vs. I.T.O. WARD 3(4), NAGPUR

In the result, appeal is partly allowed

Bench: Shri P.K. Bansal & Shri Amarjit Singh

section 194C were not applicable. The learned Counsel for assessee has also placed reliance from the law settled in by the Hon’ble High Court of Gujarat in CIT v/s Krishak Bharati Co-op. Ltd., (2012) 349 ITR 68 (Guj.). The learned Departmental Representative has strongly placed reliance on the order passed by the learned Commissioner (Appeals) in question

THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA,,NAGPUR vs. I.T.O. T.D.S. WARD 2-(1), NAGPUR

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri G.D. Agrawal & Shri Mahavir Singh

Section 194C and that no TDS was deductible on same. 3. (a) That the learned CIT(A) erred in law and on facts

ASTT.COMMISSIONER OF INCOME TAX,AMRAVATI CIR.AMRAVATI, AMRAVATI vs. SHRI AKASH RAMESHWAR PANPALIA,

In the result, the appeal filed by the Revenue is dismissed

Bench: Sh. G.D.Agrawal, Hon’Ble & Sh. Mahavir Singhacit, Vs Akash Rameshwar Panpalia, Amravati Circle, Ward No.14, Dhamangaon Amravati, Aayakar Railway, Distt.-Amravati–4447–9. Bhawan, Ambapeth, Pan–Aiopp8687J Amravati–444601. (Appellant) (Respondent) Appellant By Sh.R.K.Baral, Sr.Dr Respondent By Sh.K.P.Dewani, Adv. Date Of Hearing 08.03.2018 Date Of Pronouncement 08.03.2018

TDS and the payments for the same were made for more than Rs.20,000/– in a single day in cash, contravening section 194C and 40A(3

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

194C, 194I, 194J, 194H of the Act and also has an obligation to furnish quarterly statements of TDS in Form No. 26Q within the prescribed due dates. The said details by way of a tabular form is reflected in para 2 of the order of Addl. CIT. We note that the Addl. CIT imposed penalty u/s. 272A

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

3,41,27,8737- 28 Smt. AanjuSaraf claimed and on balance tax was not deducted, since no tax is required to be deducted thereon u/s 194C. TDS has been deducted on cash payments also. The AO has failed to bring on record any infirmity or discrepancy in the vouchers/bills or any record in relation to the claim of such expenditure

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

3,41,27,8737- 28 Smt. AanjuSaraf claimed and on balance tax was not deducted, since no tax is required to be deducted thereon u/s 194C. TDS has been deducted on cash payments also. The AO has failed to bring on record any infirmity or discrepancy in the vouchers/bills or any record in relation to the claim of such expenditure

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

3,41,27,8737- 28 Smt. AanjuSaraf claimed and on balance tax was not deducted, since no tax is required to be deducted thereon u/s 194C. TDS has been deducted on cash payments also. The AO has failed to bring on record any infirmity or discrepancy in the vouchers/bills or any record in relation to the claim of such expenditure