DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1(2), NAGPUR vs. VIDARBHA INFOTECH PRIVATE LIMITED, NAGPUR

In the result, appeal by the Revenue is dismissed

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

section 133(6) and confirmed of providing services to the assessee company and receipt of payment from it. They also provided copy of agreement, their bank statements and audited financial statements. In the assessment order Id. AO held that though the two companies have shown this amount as income in their P&L a/c but they are majorly engaged

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

section 69C being unexplained expenditure to contractors. The A.O., during the assessment proceedings noticed that the appellant has incurred expenditure of ` 1,25,89,787, towards mining expenses. These expenses are on account of extraction of manganese ore to following labour contractors– ` 17,17,000 1 A Appala Swamy 2 D.S. Prakash ` 16,78,687 3 Madhusudana

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

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

section 69C of IT Act towards Opening Balances of Sundry Creditors. The AO during the assessment proceeding noticed that there are opening credit balances in accounts of 13 Sundry creditors totalling to Rs. 3,46,91,553/- out of which 3 creditors totalling to Rs.32,83,483/- have been declared by assessee as income under the Voluntary Disclosure of Income

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

section 69C of the Act is the sum of opening balance of various creditors brought forward from earlier years. No expenditure is incurred during the relevant previous year. The assessee has produced evidences regarding its payment in relevant previous year and subsequent years. The learned CIT(A) has decided this issue and the same is reproduced above. We find

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

section 69C of the Act as wrongly held by the Assessing Officer. 17. The learned Counsel for the assessee further submitted that there is absolutely no contradiction of TDS

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

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

section 69C of the Act. 5. On appeal, the learned CIT(A) deleted the addition with following observations:- "4. Discussion and Decision:- Ground no.3, is regarding addition of ₹ 1,04,27,361, u/s 69C being unexplained expenditure to contractors. The A.O., during the assessment proceedings noticed that the appellant has incurred expenditure of ₹ 1,04,27,361, towards mining expenses

OSHIAN REALTORS INDIA PRIVATE LIMITED,NAGPUR vs. ITO WARD-1(4), NAGPUR

In the result, appeal stands partly allowed

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

TDS was made from a particular payment, the transaction does not become genuine unless the genuineness of the transaction is proved with supporting evidences. Further the appellant has not demonstrated that the said expenses were incurred wholly and exclusively for business purpose. Further the receipt of service for which commission payment was made is also not proved by the appellant