ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

90 percent of the expenses as revenue expenditure and allocated 23 ACIT, CIRCLE-7, NAGPUR VS M/s. Newquest Corporation Ltd. (Now known as Avantha Holdings Ltd) 10 percent towards capital by observing that 10 percent of expenses have been incurred towards brand building, The Assessing Officer has not been able to justify as to how the 10 percent

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

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

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.

2,90,000/- of Technology 5. U B Mahajan 6283 6. Sitaram Laddhad 33,000 Total 24,64,227 3. The AO observed that assessee had claimed interest expenditure of Rs.26,53,824/-. The AO calculated notional interest @15% which works out to Rs.3,69,635/- on the interest free advances and disallowed the said amount of Rs.3

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

90,13,453/-towards credits in sundry Creditors Accounts total amounting to Rs. 4,85, 5,09,236/- made under section of Act. In this ground there are two different additions are made: one is addition towards opening sundry creditors and second one is regarding addition towards credits in sundry creditors is discussed as below: The AO during the assessment

SHRI PRAMOD NARAYANRAO GHALANI ,WARDHA vs. INCOME TAX OFFICER, WARD-1, WARDHA

In the result, appeal filed by the assessee is allowed

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

90,000. The case was re–opened for scrutiny and notice under section 148 of the Act which was issued on 22/10/2013, and the same was served on the assessee on 24/10/2013. In response to the notice under section 148, the assessee filed return of income on 20/11/2013, declaring total income at ` 4,80,280. Subsequently, notice under section

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

2 Heads of Expenses Expenses Farmers paid Advance Personal Accounted directly to payment Expenses Addition (`) in Respec– unloading Total (`) against of Direc– tive Ledger labour @16 Salary(`) tors (`) (`) per Qntl. (`) 31,90,320 14,28,174 4,47,500 13,14,646 - 31,90

DCIT-CC-1(3), NAGPUR, NAGPUR vs. R.B.S.D. AND F.N. DAS(EXPORT FIRM), VIZIANAGRAM

In the result, appeal filed by the Revenue is dismissed

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

2) and 142(1) were issued which were duly replied by the assessee. In the assessment order passed u/s 143(3) the AO has made following additions which are in dispute in appeal before your honour 4 R.B.S.D. And F.N. Das Export Firm ITA no.234/Nag./2023 a) Unexplained expenditure Rs. 13,22,460/- b) Repairs & Maintenance to Building Rs. 90

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

90,000 05.07.2012 Cash 37. – do – 1,30,000 06.07.2012 Cash 38. – do – 1,98,080 26.07.2012 Cash 39. – do – 52,000 01.08.2012 Cash 40. – do – 1,35,000 10.08.2012 Cash 41. – do – 1,14,000 11.08.2012 Cash 42. – do – 2,50,000 21.08.2012 Cash 43. – do – 50,000 23.08.2012 Cash 44. – do – 3,50,000 23.09.2012 Cash

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

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

90,000 Sundry Creditors treated as unexplained ` 2,10,060 (v) Interest paid disallowed (vi) ` 7,86,217 Adhoc disallowances out of (vii) following expenses Remuneration Rs. 27,15,985 Administrative expenses Rs. 20,02,195 Rs.47,18,180 Disallowance at 20% ` 9,43,636 ` 6,46,05,741 Loan from Shree Agarwal Coal India P.Ltd. treated (After Rectifi- (viii

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

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

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

GURPALSINGH CHANANSINGH NAGRA,AKOLA vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGLORE

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

Bench: Shri V. Durga Rao & Shri K.M. Roy

90,557/- (on transportation contract) has been claimed in the computation of income (Part B-TTI) of the return. The appellant cannot claim the credit of TDS without showing the corresponding income in his return of income. Therefore, it is totally legal and justified on the part of the AO/CPC to add the receipt reflected in 26AS of the appellant

BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, TDS, CIRCLE-51(1), NAGPUR

Appeals are partly allowed/allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak Ripote

2. The only issue raised in this appeal is against the confirmation of the order passed by the Assessing Officer (AO) u/s.201(1)/201(1A) of the Act treating the assessee in default for non-deduction of tax at source u/s 194A on interest paid/credited to its customers along with interest thereon and also non- condonation of delay

BANK OF INDIA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, TDS, CIRCLE-51(1), NAGPUR

Appeals are partly allowed/allowed for statistical purposes in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak Ripote

2. The only issue raised in this appeal is against the confirmation of the order passed by the Assessing Officer (AO) u/s.201(1)/201(1A) of the Act treating the assessee in default for non-deduction of tax at source u/s 194A on interest paid/credited to its customers along with interest thereon and also non- condonation of delay