M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

M/S RAJYAS SOFTWARE PRIVATE LIMITED ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

M/S CHAMPAK MINES AND MINERALS ,NAGPUR vs. ASSISTATN COMMISSIONER OF INCOME TAX , CPC-TDS, GHAZIABAD

In the result, all the 111 appeals preferred by the different assessees

Bench: Shri D. Karunakara Rao & Shri S.S. Viswanethra Ravisl.

96-99 376/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q To Steel Pvt. Ltd., CPC-TDS, 2013-14 Q4 26Q 379/NAG/2019 Plot No.C-4, MIDC, Ghaziabad 2014-15 Q4 24Q Tadali, 2014-15 Q4 26Q Chandrapur-442406 PAN: AANCS1907N 100- 380/NAG/2019 M/s. Shree Omtee ACIT, 2013-14 Q4 24Q 103 To Coal Pvt. Ltd., CPC-TDS

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

Section 96 of RFCTLAAR Act is wider in scope than the tax exemption provided under existing Income Tax Act. Copy of CBDT Circular is already placed on record. The ld. AR of the assessee further submits that once, the lower authority have allowed interest component as exempt and thus, committed error in treating the compensation as income from ‘other sources

TATANLAL BIHARILAL ATAL,,AMARAVATI vs. ITO, WARD- 1,, AMARAVATI

In the result, assessee’s appeal is allowed

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

section 143(3) of the Act on 23rd March 2016, determining the total income of ` 9,96,900, and tax payable of ` 31,75,110 by rejecting TDS

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

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

SHRI SANDEEP SARBATMAL KOTHARI,CHANDRAPUR vs. A.C.I.T., CHANDRAPUR CIRCLE,CHANDRAPUR, CHANDRAPUR

In the result, appeal of the assessee is allowed for statistical purpose

Bench: SHRI S.S.GODARA (Judicial Member), DR. DIPAK P. RIPOTE (Accountant Member)

section 143(3) of the Income Tax Act, 1961 dated 05.12.2017 for A.Y.2015-16. The assessee has raised the following grounds of appeal : “1. Whether the learned CIT(A) erred in not adjudicating issue with regards to addition of Rs.49,96,793 made by learned AO due to difference between receipts shown as per Books of accounts vis- Shri Sandeep Sarbatmal

DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-2, NAGPUR vs. M/S UNITED BUILDERS , BHANDARA

In the result, appeal filed by the Revenue is allowed

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

section 271(1)(c) of the Act was initiated separately. The assessee being aggrieved, carried the matter before the learned CIT(A). 7. The learned CIT(A), in view of the submissions made by the assessee, held that the action of the Assessing Officer in making the impugned addition is not found to be sustainable in the facts

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