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

CHANDRAKUMAR MADHUSUDANJI JAJODIA,THANE vs. ASSISTANT COMMISSIONER OF INCOME TAX, AMRAVATI CIRCLE

In the result, appeal filed by the assessee is allowed

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

4. Ground No.6: Addition made by A.O. at Rs.1.99 lacs u/s 36(1)(iii) of I.T. Act 1961. A.O. Para 34 - 35 Page 24 CIT(A) Para 8 Page 8 A) Interest paid by assessee is through proper banking channel. TDS paid to the account of Government. Genuineness of loan transaction is beyond doubt. Assessee had satisfactorily discharged the onus

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

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

MUJIB SALMANBHAI PATHAN,,NAGPUR vs. ASSISTANT COMMISSIONER OF INOCME TAX CIRCLE -3, NAGPUR

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

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.98/Nag/2019 Assessment Year : 2015-16 ......अपीलाथ" / Appellant Mujib Salmanbhai Pathan, House No.242, Ward No.2, Old Area, Wardha Road, Butibori, Nagpur-441108. Pan : Aefpp0269M. बनाम / V/S. The Asst. Commissioner Of Income Tax, ……""यथ" / Respondent Circle-3, Nagpur. Assessee By : Shri Veena Agrawal Revenue By : Smt. Agnes P. Thomas. सुनवाई क" तारीख / Date Of Hearing : 17.06.2021 घोषणा क" तारीख / Date Of Pronouncement : 24.06.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) – 2, Nagpur [‘The Cit(A)’] Dated 12.03.2019 For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & In Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Stating That The Subject, Whether Proper Approval Was Taken Before Converting Limited Scrutiny Into Complete Scrutiny Being Administrative Measure Cannot Be Taken Up. 2. On The Facts & In The Circumstances Of The Case & In Law The Learned Cit (A) Erred In Upholding The Addition Of Rs 1,00,85,013/- Made By The Ao As Income Under The Head Business & Profession Rightly Declared As Income Under The Head Capital Gains.

58,080/-. While doing so, the Assessing Officer made addition of Rs.1,00,85,013/- being the profits arising out of the sale of land, treating as an income from business as against the claim of the appellant that it is a nature of capital gains. The factual background leading to the above additions as follows : The appellant along with

VIJAY VINOD DURAGKAR,NAGPUR vs. INCOME TAX OFFICER WARD 4(4), NAGPUR

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

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

4. Enquiries made by the AO as sequel to information collected/ received: On perusal of the information available in ITS and 360 degree profile on ITBA as well as on e-filing portal it is noticed that the assessee had filed return of income for the assessment year 2015-16 showing total income of Rs. 6,46,890/-. The source

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

In the result, appeal filed by the assessee stands allowed

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

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

YASH TRAVELS AND TOURS PRIVATE LIMITED,NAGPUR vs. THE INCOME TAX OFFICER WARD - 2(2) NAGPUR, NAGPUR

In the result, the grounds of appeal raised by the assessee are

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy(Physical Hearing) Yash Travels & Tours Pvt. Ltd. Ito, Ward–2(2), Nagpur F–5, Shrdha House, Vs Aayakar Bhawan, Civil Lines, Kingsway, Nagpur–4440001. Nagpur–440001. [Pan: Aaacy3931D] Appellant / Assessee Respondent / Revenue

4. On the other hand, the ld CIT-DR for the revenue supported the order of lower authorities. The Ld. CIT-DR for revenue submits that assessee in the return of income claimed agriculture income. The assessing officer allowed the interest of Rs. 13.14 Crore on which TDS was made. And remaining amount was treated as income from other sources

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

In the result, the ground no

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

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