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5 results for “TDS”+ Section 227clear

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Key Topics

Section 408Section 143(3)5TDS4Addition to Income4Section 69C3Section 40A(3)3Disallowance3Section 1472Condonation of Delay2Deduction

GOPAL DENESHCHANDRA TULSHAN ,AKOLA vs. INCOME TAX OFFICER, WARD-3, AKOLA

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

ITA 201/NAG/2023[2006-07]Status: DisposedITAT Nagpur09 Sept 2024AY 2006-07

Bench: Shri V. Durga Rao

For Appellant: NoneFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 201(1)(b)Section 40Section 50

TDS has not been deducted and hence the Assessing Officer has disallowed the pertaining expenses i.e., interest of ` 2,03,227, under section

VIJAY ENGINEERING ENTERPRISES,NAGPUR vs. ITO, WD,-8(4), NAGPUR

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

2
ITA 101/NAG/2010[2003-04]Status: DisposedITAT Nagpur18 Feb 2020AY 2003-04
For Appellant: Shri Abhay AgarwalFor Respondent: Shri Milind Bhusari
Section 143(3)Section 201(1)Section 271C

TDS u/s 201(1) is absolute and it is obligatory for the A.O. to levy penalty, when non- compliance of any of the provisions requiring deduction of tax at source is noticed by him. Therefore, the payment of taxes by the payee, cannot provide any immunity from levy of penalty u/s 271C of the Act.” 8. From the above

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

In the result, appeal is partly allowed

ITA 9/NAG/2016[2009-10]Status: DisposedITAT Nagpur27 Jun 2017AY 2009-10

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

For Appellant: Shri Manoj MoryaniFor Respondent: Shri A.R. Ninawe
Section 143(1)Section 143(2)Section 143(3)Section 40Section 40A(3)Section 43A(3)

227 (P&H), has held that direct deposit in the bank account of the recipient by the payer assessee not violating provisions of section 40A(3) r/w rule 6DD of the Rules. In view of the said law, it is quite clear that the payment by the assessee on account of purchase of agricultural produce nowhere come within the ambit

SHRI DEEPAK SITARAM LADDHAD,BULDHANA vs. DEPUTY COMMISSIONER OF INCOME TAX, AKOLA CIRCLE, AKOLA

In the result, appeal of the Assessee is Allowed

ITA 375/NAG/2017[2010-11]Status: DisposedITAT Nagpur16 Nov 2022AY 2010-11

Bench: S.S.Viswanethra Ravi & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.375/Nag/2017 िनधा"रण वष" / Assessment Year : 2010-11 Shri Deepak Sitaram The Deputy Commissioner Of Laddhad Laddhad Hospital, Vs Income Tax, Akola Circle, Behind Shivaji College, Akola. Wankhede Layoiut, Buldhana – 443001. Pan: Aarpl 4180 F Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri G.J.Ninawe – Dr Date Of Hearing 10/11/2022 Date Of Pronouncement 16/11/2022 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)-1, Nagpur Dated 17.07.2017 Emanating From The Order Of The Assessing Officer Dated 14.03.2013. The Assessee Has Raised The Following Grounds Of Appeal: “1] Learned C.I.T.(A) Erred In Confirming The Disallowance The Interest Amounting To Rs.2,80,926/- Out Of Disallowance The Interest Made By A.O. Amounting To Rs.3,69,635/-. 2] Learned C.I.T.(A) Erred In Not Properly Appreciate The Fact Of The Case & Various Submission Filed Before The A.O. & Before Her.

Section 143(3)Section 36(1)(iii)

227 3. The AO observed that assessee had claimed interest expenditure of Rs.26,53,824/-. The AO calculated notional interest @15% which works out to Rs.3,69,635/- on the interest free advances and disallowed the said amount of Rs.3,69,635/- under section 36(1)(iii) r.w.37(1) of the Act. Aggrieved by the same, assessee filed appeal before

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

ITA 28/NAG/2024[2019-20]Status: DisposedITAT Nagpur27 Jan 2025AY 2019-20

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

For Appellant: Shri Mukesh AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 133ASection 143(3)Section 147Section 148Section 44ASection 69C

section 69C of the Act. 5. On appeal, the learned CIT(A) deleted the addition with following observations:- "4. Discussion and Decision:- Ground no.3, is regarding addition of ₹ 1,04,27,361, u/s 69C being unexplained expenditure to contractors. The A.O., during the assessment proceedings noticed that the appellant has incurred expenditure of ₹ 1,04,27,361, towards mining expenses