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

69 of the I.T. Act. The assessee was given opportunity to furnish reply. However, the assessee has grossly failed to furnish any reply till the completion of the assessment. The AO concluded that the assessee has made total investment of Rs.97,53,600/- (i.e. ½ share of investment of Rs.1,95,07,200/–) towards the immovable property purchased, whereas the assessee

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

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AKOLA, NAGPUR vs. RBSD AND FN DAS, NAGPUR

In the result, appeal by the Revenue stands dismissed

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

TDS. The Assessing Officer has not found any defect in the documents produced by the assessee nor has the Assessing Officer falsified these documents. It is also undisputed that the assessee has sold goods worth ` 55,15 crore during the relevant previous year. Without employing labourer through contractors such sales would not have been possible. The Assessing Officer

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

In the result, appeal filed by the Revenue is dismissed

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

69 of the Act reproduced as under:- SECTION 69C. Unexplained expenditure, etc. Where in any financial year an assessee has incurred any expenditure and he offers no explanation about the source of such expenditure or part thereof, or the explanation, if any, offered by him is not, in the opinion of the 2448[Assessing Officer), satisfactory, the amount covered

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

69 in hand of assessee [In favour of revenue]" Thus, in light of above discussion and case laws, it can fairly be concluded that the assessee has received on money which was rightly treated as unexplained money under section 69A and added to the total income by the Assessing Officer and confirmed by CIT(A).” 4. The learned Departmental Representative

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

In the result, appeal of the Assessee is Allowed

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 36(1)(iii) r.w.37(1) of the Act. Aggrieved by the same, assessee filed appeal before the ld.CIT(A). The ld.CIT(A) accepted assessee’s explanation only with respect to the loan amount given to Dr.Ajay Mahajan. Accordingly, the ld.CIT(A) directed the AO to ITA No.375/NAG/2017 for A.Y.2010-11 Shri Deepak Sitaram Ladhad [A] recalculate the disallowance which works

VIKRAM AGRAWAL,NAGPUR vs. ITO WARD 4 (4), NAGPUR

In the result, appeal is dismissed

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

69 of the IT Act. 6.3.1 During the course of assessment proceedings, the Assessing Officer in his assessment order dated 28/09/2021 has stated that:- Vikram Radheshyam Agrawal A.Y. 2015–16, 2016–17 & 2017–18 "The assessee was requested to furnish his explanation on the source and nature of cash deposits in M/s Renuka Multistate Urban Credit Co-operative Society

VIKRAM AGRAWAL,NAGPUR vs. ITO WARD 4(4), NAGPUR

In the result, appeal is dismissed

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

69 of the IT Act. 6.3.1 During the course of assessment proceedings, the Assessing Officer in his assessment order dated 28/09/2021 has stated that:- Vikram Radheshyam Agrawal A.Y. 2015–16, 2016–17 & 2017–18 "The assessee was requested to furnish his explanation on the source and nature of cash deposits in M/s Renuka Multistate Urban Credit Co-operative Society

VIKRAM AGRAWAL,NAGPUR vs. ITO WARD 4(4), NAGPUR

In the result, appeal is dismissed

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

69 of the IT Act. 6.3.1 During the course of assessment proceedings, the Assessing Officer in his assessment order dated 28/09/2021 has stated that:- Vikram Radheshyam Agrawal A.Y. 2015–16, 2016–17 & 2017–18 "The assessee was requested to furnish his explanation on the source and nature of cash deposits in M/s Renuka Multistate Urban Credit Co-operative Society

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

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

In the result, appeal filed by the Revenue is dismissed

TDS.\nThe AO has not found any defect in the documents produced by the appellant\nnor has the AO falsified these documents. It is also undisputed that the\nappellant has sold goods worth Rs. 23.78 crores during the relevant previous\nyear. Without employing labourers through contractors such sales would not\nhave been possible. The Id. AO has not doubted appellant

ASSISTANT COMMISSIONER INCOME TAX-CENTRAL CIRCLE-1(3), NAGPUR vs. RADHIKA METALS AND MINERALS, VIZIANAGARAM

In the result, appeal filed by the Revenue is dismissed

TDS details on bills raised, their ledger account in\nassessee's books of accounts confirmation from parties and copy of income tax\nreturn filed by these creditors. However, the AO relied on statement of three\ncreditors recorded at the time of survey and held the creditors as bogus and\nadded the amount of ₹3,14,08,070/– as unexplained expenditure

ZIM LABORATORIES LIMITED ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -2(1), NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

section 153 A nor defined in the statute and therefore, deletion of addition on this account is not in consonance of law? 7. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 1,56,63,908/ made by the AO being excess commission paid to sister concerns

ZIM LABORATORIES LIMITED ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -2(1), NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

section 153 A nor defined in the statute and therefore, deletion of addition on this account is not in consonance of law? 7. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 1,56,63,908/ made by the AO being excess commission paid to sister concerns

ZIM LABORATORIES LIMITED ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -2(1), NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

section 153 A nor defined in the statute and therefore, deletion of addition on this account is not in consonance of law? 7. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 1,56,63,908/ made by the AO being excess commission paid to sister concerns

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

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

69,270, by making following additions:– 1. Addition for purchases ` 3,03,94,825 Agricultural income treated as business 2. ` 3,74,537 income ` 36,89,290 3. Disallowance u/s 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

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; 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

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

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

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

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