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15 results for “TDS”+ Section 40A(3)clear

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Key Topics

Section 26316Section 40A(3)16Addition to Income13Section 14712Section 4010Disallowance10Section 143(3)9Deduction8Section 143(1)7TDS

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

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

ITA 343/NAG/2015[2011-12]Status: DisposedITAT Nagpur26 Oct 2018AY 2011-12

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

For Appellant: Shri Ajay SinghFor Respondent: Shri U.U. Kasar
Section 131Section 133ASection 40A(3)

40A(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

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

In the result, appeal is partly allowed

7
Section 35A6
Section 153A5
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)

40A(3), therefore order passed is unjustified, unwarranted and excessive. 2 Shri Karim Kamruddin Malik 3. On the fact and in the circumstances of the case and in law the learned Commissioner of Income Tax (Appeals)-II, Nagpur erred in confirming the addition made at Rs. 1,53,976/- disallowing the commission income by assessing, therefore order passed is unjustified

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)

3. Facts in Brief:– The assessee respondent filed its return of income for the year under consideration on 29/09/2013, disclosing total loss of ` 1,98,082. The return of income was processed under section 143(1) of the Act and subsequently, the case was selected for scrutiny through CASS and the Assessing Officer, while completing the assessment, disallowance under section

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

ITA 446/NAG/2014[2008-09]Status: DisposedITAT Nagpur08 Mar 2018AY 2008-09

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

Section 143(3)Section 194CSection 40Section 40A(3)Section 44A

40A(3) of the I.T.Act, 1961 respectively.” 3. It is clarified that the Revenue has raised the issue for contravention of provision of section 194C for making disallowance as the payments are made without deduction of TDS

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

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

ITA 350/NAG/2024[2017-18]Status: DisposedITAT Nagpur22 Oct 2024AY 2017-18

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 263(2)

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

ITA 349/NAG/2024[2016-17]Status: DisposedITAT Nagpur22 Oct 2024AY 2016-17

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 263(2)

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

ITO, WARD- 4 (1), NAGPUR vs. SHRI SWAPNIL ANIL AHIRKAR, NAGPUR

In the result, Revenue’s appeal is dismissed

ITA 70/NAG/2015[2009-10]Status: DisposedITAT Nagpur30 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 40A(3)

section 40A(3) in respect of cash payment made by the assessee. However, any expenditure can be disallowed only when the deduction in respect of expenditure is claimed by the assessee. In this case admittedly, the asaessee has not claimed the expenditure on purchase of land by debiting the same to the Profit & Loss account but he expenditure for purchase

ASSISTANT COMISSIONER CENTRAL CIRCLE 1(3), NAGPUR vs. M/S SHRIGOPAL RAMESHKUMAR SALES PVT. LTD , NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 135/NAG/2018[2015-2016]Status: DisposedITAT Nagpur21 Jan 2025AY 2015-2016

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

For Appellant: Shri Kapil HiraniFor Respondent: Shri Sandipkumar Salunke
Section 132Section 132(1)Section 139Section 69C

TDS provisions as well as applicability of section 40A(3) so as to warrant any disallowance under those heads as per law. 18. That

AHSAAN QURESHI,NAGPUR vs. ACIT CIRCLE-2, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 323/NAG/2023[2009-10]Status: DisposedITAT Nagpur09 Sept 2024AY 2009-10

Bench: Shri V. Durga Rao

For Appellant: Shri Sandeep JainFor Respondent: Shri Abhay Y. Marathe
Section 194HSection 201(1)Section 40Section 40A(2)(b)Section 40a

TDS as per provisions of section 194H of the Act. The learned CIT(A) held that the in view of the amendment made in section 40a(ia) of the Act and in section 201(1) of the Act by Finance Act, 2012, has no retrospective effect and the case laws relied upon by the assessee are not relevant with

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S. FUELCO COAL INDIA LTD., NAGPUR

Appeal of the Revenue is dismissed

ITA 90/NAG/2022[2014-15]Status: DisposedITAT Nagpur14 Feb 2025AY 2014-15

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

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Sandipkumar Salunke
Section 143(2)Section 143(3)Section 36(1)(iii)Section 40Section 40aSection 68

TDS os wrong as per amendments in provisions. 6. The disallowance of interest u/s 36(1)(iii) as per Para–4(3) at Rs. 15,86,284-/– for interest is unjustified, unwarranted and in any case excessive. 7. Any other grounds prayed at the time of hearing.” 3. There is a delay of 54 days in filing the present appeal

RAHUL UDYOG,AMRAVATI vs. INCOME TAX OFFICER,WARD-2, AMRAVATI

In the result, the ground no

ITA 306/NAG/2017[2013-2014]Status: DisposedITAT Nagpur10 Jun 2022AY 2013-2014

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

For Appellant: Shri Rathan Sharma,C.AFor Respondent: Shri Rajeev Benjwal, CIT
Section 40Section 40A(2)Section 40A(3)

TDS does not arise. 2. On the facts of circumstances of the case Ld CIT (Appeals) erred in law & on facts by disallowing Jalau Lakdi Exps at Rs. 1,58,320/- & Bardana purchase Rs. 2,38,050/- u/s. 40A(3) irrespective of the fact that payment to individual person is below Rs. 20,000/- and provision of sec. 40A(3

DY. C.I.T. CENTRAL CIR2(2), NAGPUR vs. M/S SHREE AGRAWAL COAL INDIA PVT. LTD.,, NAGPUR

In the result, Revenue’s appeal stands dismissed

ITA 19/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: Shri Harshad S. Vengurlekar
Section 132Section 139(1)Section 143(3)Section 153ASection 2(22)Section 2(22)(e)Section 40A(2)(b)

40A(2)(b) ` 7,70,943 4. Deemed dividend u/s 2(22)€ ` 9,63,76,334 5. Deemed Dividend u/s. 2(22)(e) 6. Unsecured loans added ` 14,97,50,912 7. Sundry creditors added ` 10,72,87,744 8. Expenses disallowed ` 55,83,523 9. ` 39,42,28,108 The assessee being aggrieved by the issuance of the assessment

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

section 10(3) of the Act. Ground no.5, raised by the Revenue is thus dismissed by upholding the impugned order passed by the learned CIT(A). 18. Ground no.6, raised by the Revenue relates to the addition of ` 68,02,624, made on account of unexplained unsecured loans. 19. The observations of the learned CIT(A) while deleting the addition

M/S MONOPOLY CARRIERS & CARGO PVT. LTD.,NAGPUR vs. ACIT CIRCLE-4, NAGPUR

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 462/NAG/2024[2014-15]Status: DisposedITAT Nagpur29 Aug 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15

For Appellant: Shri Naresh Jakhotia, Ld. C.AFor Respondent: Shri Abhay Y. Marathe, Ld. Sr. D.R
Section 143(3)Section 250Section 34Section 40A(3)

40A(3) of the Act and Rs.3,92,336/- on account of delayed payment of TDS. This Court observe that though the conduct of the Assessee seems to be non-compliant, however, it is a fact that the Ld. Commissioner fixed the case for hearing on two occasions during Covid-19 period when the entire Nation was on hold

INCOME TAX OFFICER WARD-2, KHAMGAON, KHAMGAON vs. RENUKA OIL INDUSTRIES, KHAMGAON

In the result, Revenue’s appeal stands dismissed

ITA 390/NAG/2024[2013-14]Status: DisposedITAT Nagpur27 Jan 2025AY 2013-14

Bench: Shri V. Durga Rao

For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 139Section 139(1)Section 139(4)Section 143(2)Section 154Section 35A

TDS has also been deducted by the appellant. The only cash payments of Rs.13,200/- on 18.04.2012 and 11,025/-on 05.06.2012 made by the appellant w.r.t payments made to contractors are also much below the threshold of Rs. 20,000/- for any violation u/s 40A(3) of the Act. (vi) The appellant in its submissions has admitted that most