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

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

Section 201(1) of Income Tax Act 1961, by Finance Act 2012 is not retrospective and 2 Ahsaan Qureshi ITA no.323/Nag./2023 consequently Commission paid to Shri Ashfaque Khan Rs.100000/= without deducting TDS is disallowed by not following various judgments Hon High Court and Hon. ITAT that above amendments is curative in nature and intended to remove an undue hardship

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

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

TDS provisions as well as applicability of section 40A(3) so as to warrant any disallowance under those heads as per law. 18. That with respect to the addition of ` 16,42,713, it is the submission of the assessee that the said amount pertains to payments made by farmers/agriculturist to the labourers directly for unloading charges without any recourse

SNNEHSHILP CONSTRUCTIONS,AURANGABAD vs. ITO WARD 1(5), NAGPUR

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

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

TDS on gross contract receipts of ` 3,01,24,661, as against the gross receipts taken by the Assessing Officer at ` 1,49,75,822, and, therefore, vide order under section 263 of the Act dated 26/03/2009, set- aside the assessment order dated 31/12/2007, with a direction to the Assessing Officer to modify the assessment accordingly. 6. Meanwhile, the learned

AMARCHAND LAXMINARAYAN MANTRI,AMRAVATI vs. INCOME TAX OFFICER, WARD-3, AMRAVATI

In the result, appeal filed by the assessee for A

Bench: Shri V. Durga Rao

section 44AB of the Income Tax Act, 1961 ("the Act"). When demanded by the Assessing Officer, the assessee produced its books of account, bills & vouchers and the same were examined by the Assessing Officer on test check basis. On verification of Profit & Loss Account, it was noticed that the assessee had claimed brokerage and commission expenses to the tune

AMARCHAND LAXMINARAYAN MANTRI,AMRAVATI vs. INCOME TAX OFFICER, WARD-3, AMRAVATI

In the result, appeal filed by the assessee for A

Bench: Shri V. Durga Rao

section 44AB of the Income Tax Act, 1961 ("the Act"). When demanded by the Assessing Officer, the assessee produced its books of account, bills & vouchers and the same were examined by the Assessing Officer on test check basis. On verification of Profit & Loss Account, it was noticed that the assessee had claimed brokerage and commission expenses to the tune

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

In the result, appeal filed by the Revenue is dismissed

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

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 49. – do – 3,00,000 16.11.2012 Cash 50. – do – 30,000 17.11.2012 Cash 51. – do – 3,00,000 24.11.2012 Cash 52. – do – 80,000 01.12.2012 Cash

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

TDS has been deducted on such interest expenses claimed; it had already been accepted in scrutiny assessment completed u/s143(3) dt.18-8-16; 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.3,99,600 is not justified, is liable to be deleted.” 6. 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

TDS has been deducted on such interest expenses claimed; it had already been accepted in scrutiny assessment completed u/s143(3) dt.18-8-16; 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.3,99,600 is not justified, is liable to be deleted.” 6. 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

TDS has been deducted on such interest expenses claimed; it had already been accepted in scrutiny assessment completed u/s143(3) dt.18-8-16; 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.3,99,600 is not justified, is liable to be deleted.” 6. 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

TDS has been deducted on such interest expenses claimed; it had already been accepted in scrutiny assessment completed u/s143(3) dt.18-8-16; 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.3,99,600 is not justified, is liable to be deleted.” 6. 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

TDS has been deducted on such interest expenses claimed; it had already been accepted in scrutiny assessment completed u/s143(3) dt.18-8-16; 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.3,99,600 is not justified, is liable to be deleted.” 6. 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

TDS has been deducted on such interest expenses claimed; it had already been accepted in scrutiny assessment completed u/s143(3) dt.18-8-16; 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.3,99,600 is not justified, is liable to be deleted.” 6. The assessee

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

44,73,850, making various additions. The assessee being aggrieved by the assessment order so passed by the Assessing Officer, carried the matter in appeal before the learned CIT(A). 4. The submissions of the assessee, as contained in the impugned order vide Para–2 to 12 of the learned CIT(A) are reproduced below:– “1. The appellant

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

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

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

section 68 only sets up a presumption against the assessee whenever unexplained credits are found in the books of account of the assessee. It cannot but be again said that the presumption is rebuttable. In refuting the presumption raised, the initial burden is on the assessee. This burden, which is placed on the assessee, shifts as soon as the assessee

INCOME TAX OFFICER, WARD-3, AKOLA vs. M/S RAMDEVBABA CHARITABLE SOCIETY, AKOLA

In the result, both the appeals filed by the Revenue are dismissed

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

44 001 v/s Ramdevbaba charitable Society S–21, Ganga Nagar, Washim Byepass Akola–444 002 ..…….………. Respondent PAN No: AACTS5406L Assessee by : Shri K.P Dewani, Advocate Revenue by : Shri Rajeev Benjwal, CIT Date of Hearing – 09.06.2022 Date of Order – 09 .06.2022 O R D E R PER SHRI VIKRAM SINGH YADAV, A.M. These are two appeals filed by the Revenue directed

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

44 Taxmann.com 242 DCIT V. Eversmile Construction Co.(P.) Ltd. [2013] 33 taxmann.com 657 (Mumbai – Trib.) 12. In the present case as the claim for deduction was enhanced by the assessee which was on account of calculation mistake as observed by the Ld. CIT(A) vide his order at para 7.3 (AY 2006-07) mentioning that “The claim was enhanced

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

44 Taxmann.com 242 DCIT V. Eversmile Construction Co.(P.) Ltd. [2013] 33 taxmann.com 657 (Mumbai – Trib.) 12. In the present case as the claim for deduction was enhanced by the assessee which was on account of calculation mistake as observed by the Ld. CIT(A) vide his order at para 7.3 (AY 2006-07) mentioning that “The claim was enhanced

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

44 Taxmann.com 242 DCIT V. Eversmile Construction Co.(P.) Ltd. [2013] 33 taxmann.com 657 (Mumbai – Trib.) 12. In the present case as the claim for deduction was enhanced by the assessee which was on account of calculation mistake as observed by the Ld. CIT(A) vide his order at para 7.3 (AY 2006-07) mentioning that “The claim was enhanced

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

44 Taxmann.com 242 DCIT V. Eversmile Construction Co.(P.) Ltd. [2013] 33 taxmann.com 657 (Mumbai – Trib.) 12. In the present case as the claim for deduction was enhanced by the assessee which was on account of calculation mistake as observed by the Ld. CIT(A) vide his order at para 7.3 (AY 2006-07) mentioning that “The claim was enhanced