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40 results for “TDS”+ Section 35(1)clear

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Key Topics

Section 143(3)56Section 6833Section 153A27Addition to Income26Section 234E24Section 80I18TDS16Disallowance15Deduction13Section 20(3)

ITO WARD-1(1) NAGPUR, NAGPUR vs. ASHWAMI SALES AND MARKETING PVT.LTD, NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 294/NAG/2023[2013-14]Status: DisposedITAT Nagpur21 Aug 2024AY 2013-14

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

For Appellant: Shri Hitesh P. ShahFor Respondent: Shri Kailash C. Kanojiya
Section 143(1)Section 194(7)Section 194CSection 194C(6)Section 194C(7)Section 40Section 40A(2)(b)

TDS, filing of PAN of the Payee-Transporter alone is sufficient and no confirmation letter as required by the learned CIT is required; v) Sections 194C(6) and Section 194C(7) are independent of each other, and cannot be read together to attract disallowance u/s 40(a)(ia) read with Section 194C of the Act; and vi) If the assessee

Showing 1–20 of 40 · Page 1 of 2

12
Section 14712
Section 14812

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

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

ITA 375/NAG/2024[2018-19]Status: DisposedITAT Nagpur18 Nov 2024AY 2018-19

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Sandipkumar Salunke
Section 142(1)Section 143Section 144BSection 68

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

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

ITA 391/NAG/2019[2014-15]Status: HeardITAT Nagpur27 Nov 2024AY 2014-15

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Vikash Agrawal
Section 139(1)Section 143(2)Section 143(3)Section 36(1)(viia)Section 80PSection 80P(2)

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. Related grounds no. 1 to 5 involving the issue are this rejected”. 4. We also find that the aforesaid decision of the Tribunal in the case of Bora Agro Foods (Supra

M/S TAWARI TRADERS ,BULDHANA vs. INCOME TAX OFFICER WARD -2, KHAMGAON

In the result, appeal by the assessee stands dismissed

ITA 193/NAG/2019[2013-14]Status: DisposedITAT Nagpur04 Mar 2025AY 2013-14

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

For Appellant: Shri Rachit ThakkarFor Respondent: Shri Abhay Y. Marathe
Section 36Section 36(1)(iii)Section 40

35,39,351 The AO has disregarded the submission on the reason that the appellant has not established the nexus between the interest free funds availed and interest 4 M/s. Tiwari Traders ITA no.193/Nag./2019 free advances extended. I find the action of the AO unjustified as the business of any assessee is run on the basis of practicality

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

ITA 119/NAG/2024[2020-21]Status: DisposedITAT Nagpur26 Dec 2024AY 2020-21

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

TDS has been deducted on such interest expenses claimed; more so, the alleged sum had already been repaid on 4-10-18 prior to the search conducted on 11-7-19; the addition of Rs.7,59,397 is not justified, is liable to be deleted.” 29. The Assessing Officer has made following additions:– Opening bal. Interest credited Loan creditors

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

ITA 117/NAG/2024[2018-19]Status: DisposedITAT Nagpur26 Dec 2024AY 2018-19

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

TDS has been deducted on such interest expenses claimed; more so, the alleged sum had already been repaid on 4-10-18 prior to the search conducted on 11-7-19; the addition of Rs.7,59,397 is not justified, is liable to be deleted.” 29. The Assessing Officer has made following additions:– Opening bal. Interest credited Loan creditors

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

ITA 116/NAG/2024[2017-18]Status: DisposedITAT Nagpur26 Dec 2024AY 2017-18

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

TDS has been deducted on such interest expenses claimed; more so, the alleged sum had already been repaid on 4-10-18 prior to the search conducted on 11-7-19; the addition of Rs.7,59,397 is not justified, is liable to be deleted.” 29. The Assessing Officer has made following additions:– Opening bal. Interest credited Loan creditors

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

ITA 115/NAG/2024[2016-17]Status: DisposedITAT Nagpur26 Dec 2024AY 2016-17

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

TDS has been deducted on such interest expenses claimed; more so, the alleged sum had already been repaid on 4-10-18 prior to the search conducted on 11-7-19; the addition of Rs.7,59,397 is not justified, is liable to be deleted.” 29. The Assessing Officer has made following additions:– Opening bal. Interest credited Loan creditors

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

ITA 114/NAG/2024[2015-16]Status: DisposedITAT Nagpur26 Dec 2024AY 2015-16

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

TDS has been deducted on such interest expenses claimed; more so, the alleged sum had already been repaid on 4-10-18 prior to the search conducted on 11-7-19; the addition of Rs.7,59,397 is not justified, is liable to be deleted.” 29. The Assessing Officer has made following additions:– Opening bal. Interest credited Loan creditors

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

ITA 113/NAG/2024[2014-15]Status: DisposedITAT Nagpur26 Dec 2024AY 2014-15

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

TDS has been deducted on such interest expenses claimed; more so, the alleged sum had already been repaid on 4-10-18 prior to the search conducted on 11-7-19; the addition of Rs.7,59,397 is not justified, is liable to be deleted.” 29. The Assessing Officer has made following additions:– Opening bal. Interest credited Loan creditors

SHAILESH CHAMPAKLAL VAKHARIA,NAGPUR vs. ASSISSTANT COMMISSIONER OF INCOME (CENTRAL) CIRCLE - 1(1), NAGPUR

In the result, appeal filed by the assessee stands allowed

ITA 344/NAG/2023[2017-18]Status: DisposedITAT Nagpur16 Jun 2025AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

For Appellant: Smt. Veena AgrawalFor Respondent: Shri Pankaj Kumar
Section 132Section 139(1)Section 143(3)Section 153CSection 69A

section 139(1) of the Income Tax Act, 1961 (for short "the Act") disclosing total income at ` 4,47,650. A gist of written submissions filed by the learned departmental representative are as under:– “The assessee has filed his return of income for the A.Y. 2017-18 u/s 139(1) of The Income

SHRI MAHESH DEVDUTTA GUPTA,,NAGPUR vs. ACIT, CENTRAL CIRCLE- 2(3),, NAGPUR

In the result, the addition so made is directed to be deleted and the ground of appeal is allowed

ITA 143/NAG/2017[2005-06]Status: DisposedITAT Nagpur10 Jun 2022AY 2005-06

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

For Appellant: Shri Rajesh V.Loya, CAFor Respondent: Shri Vitthal Bhosale, JCIT
Section 68

35,000/- as cash credit u/s. 68 of the I.T. Act. On the facts and in the circumstances of the case the learned authorities failed to consider the explanation of the assessee hence the addition is not justified. (12) That the learned CIT(A) erred in law and on facts in confirming and upholding the action of AO in considering

TUSHAR SHANKAR SHINDE,AKOLA vs. ITO,WARD-3, AKOLA

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

ITA 38/NAG/2024[19-20]Status: DisposedITAT Nagpur18 Sept 2024

Bench: Shri V. Durga Rao

For Appellant: Ms. Radhika KatodaFor Respondent: Shri Abhay Y. Marathe
Section 139(5)Section 143(1)Section 154

35, intimation u/s 143(1) and provisions of relevant section and rules. 6.1 Ground no. 1 relates to the claim of the appellant that the return of income was erroneously filed by the appellant. 6.2 However, based on the facts and circumstances of the case, there is no error on the part of the AO. The AO had only processed

INCOME TAX OFFICER , WARD -4, AMRAVATI vs. SHRI MAHESH SHANKAR SORATE , DARYAPUR

In the result, appeal filed by the Revenue is dismissed

ITA 250/NAG/2018[2013-14]Status: DisposedITAT Nagpur29 Jul 2024AY 2013-14

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 269Section 269TSection 271E

35,000 10.08.2012 Cash 41. – do – 1,14,000 11.08.2012 Cash 42. – do – 2,50,000 21.08.2012 Cash 43. – do – 50,000 23.08.2012 Cash 44. – do – 3,50,000 23.09.2012 Cash 45. – do – 2,00,000 04.10.2012 Cash 46. – do – 110,000 11.10.2012 Cash 47. – do – 1,50,000 13.10.2012 Cash 48. – do – 1,00,000 22.11.2012 Cash

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

ITA 176/NAG/2016[2011-12]Status: DisposedITAT Nagpur15 May 2025AY 2011-12

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

For Appellant: Shri Sachin V. LuthraFor Respondent: Harshad S. Vengurlekar
Section 10(34)Section 10(35)Section 132Section 139(1)Section 143(3)Section 153ASection 24

1,26,32,896/-. 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

ARCHANA VIDYANIKETAN LAKHPURI ,AKOLA vs. ACIT-CPC-TDS, GHAZIABAD

ITA 67/NAG/2020[2015-16(Q4-24Q)]Status: DisposedITAT Nagpur14 Oct 2022

Bench: Shri S. S. Godara

For Respondent: Shri
Section 20Section 20(3)Section 20A(1)(c)Section 234ESection 250

TDS, Ghaziabad [for short "AO" ] for the asesment year s [for short "AY" ] 201 3 - 1 4 to 201 6 - 1 7 . 2. T his seks to adjudicate t he isue of authorisation of levy of fes u/s 234E for default in furnishing statement u/s 20(3) in the absence of enabling provision. 3. Since the facts and isue involved

ARCHANA VIDYANIKETAN LAKHPURI ,AKOLA vs. ACIT-CPC-TDS, GHAZIABAD

ITA 66/NAG/2020[2015-16(Q3-24Q)]Status: DisposedITAT Nagpur14 Oct 2022

Bench: Shri S. S. Godara

For Respondent: Shri
Section 20Section 20(3)Section 20A(1)(c)Section 234ESection 250

TDS, Ghaziabad [for short "AO" ] for the asesment year s [for short "AY" ] 201 3 - 1 4 to 201 6 - 1 7 . 2. T his seks to adjudicate t he isue of authorisation of levy of fes u/s 234E for default in furnishing statement u/s 20(3) in the absence of enabling provision. 3. Since the facts and isue involved

ADILOK VIDYALAYA BODUNDA,GONDIA vs. INCOME TAX OFFICER WARD 2(4), BHANDARA

ITA 35/NAG/2020[2014-15]Status: DisposedITAT Nagpur14 Oct 2022AY 2014-15

Bench: Shri S. S. Godara

For Respondent: Shri
Section 20Section 20(3)Section 20A(1)(c)Section 234ESection 250

TDS, Ghaziabad [for short "AO" ] for the asesment year s [for short "AY" ] 201 3 - 1 4 to 201 6 - 1 7 . 2. T his seks to adjudicate t he isue of authorisation of levy of fes u/s 234E for default in furnishing statement u/s 20(3) in the absence of enabling provision. 3. Since the facts and isue involved

M/S MANASVI PROJECTS PRIVATE LIMITED ,MUMBAI vs. ACIT-CPC, GAZIABAD

ITA 418/NAG/2019[2013-14(Q4-24Q)]Status: DisposedITAT Nagpur14 Oct 2022

Bench: Shri S. S. Godara

For Respondent: Shri
Section 20Section 20(3)Section 20A(1)(c)Section 234ESection 250

TDS, Ghaziabad [for short "AO" ] for the asesment year s [for short "AY" ] 201 3 - 1 4 to 201 6 - 1 7 . 2. T his seks to adjudicate t he isue of authorisation of levy of fes u/s 234E for default in furnishing statement u/s 20(3) in the absence of enabling provision. 3. Since the facts and isue involved

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

ITA 438/NAG/2016[2010-11]Status: DisposedITAT Nagpur25 Jul 2022AY 2010-11

Bench: Shrisandeepgosain & Shriarunkhodpia

For Appellant: Shri Sudesh BanthiaFor Respondent: Shri Piyush Kolhe
Section 143(3)Section 147Section 153ASection 80I

1)(a) for 9 months comes to Rs 35,015/-. After deduction of corporation tax of Rs 12,512/- and deduction u/s 24 not allowed by AD, the taxable income works out to Rs. 15752/-. The Hon'ble ITAT Mumbai Bench in Park Paper Ind (P) Ltd 25 SOT 406, Veena Munganahalli ITA No 251.6 (201.2) & Dr. Balkrishna Naik