DEPUTY COMMISSIONER OF INCOME TAX, NAGPUR vs. AVANTHA HOLDINGS LIMITED, CHANDRAPUR

In the result, appeal filed by the assessee is dismissed

section 40(a)(ia) of I.T. Act\n1961 cannot be invoked. The reasons for disallowance given by A.O. is\nunjustified and has correctly being held by CIT(A) to be not a valid reason for\nnot allowing the claim of deduction. It is also noted that at the time of date of\nredemption due compliance of tax deducted at source

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation on the new plant and or machinery under Section 32(l)(iia) of the Act. There is no requirement in Section 32(1) (iia) of the Act 15

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation on the new plant and or machinery under Section 32(l)(iia) of the Act. There is no requirement in Section 32(1) (iia) of the Act 15

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation on the new plant and or machinery under Section 32(l)(iia) of the Act. There is no requirement in Section 32(1) (iia) of the Act 15

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation on the new plant and or machinery under Section 32(l)(iia) of the Act. There is no requirement in Section 32(1) (iia) of the Act 15

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation on the new plant and or machinery under Section 32(l)(iia) of the Act. There is no requirement in Section 32(1) (iia) of the Act 15

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation on the new plant and or machinery under Section 32(l)(iia) of the Act. There is no requirement in Section 32(1) (iia) of the Act 15

SHRI MAHESH DEVDUTTA GUPTA,,NAGPUR vs. ACIT, CENTRAL CIRCLE- 2(3),, NAGPUR

In the result, the addition so made is directed to be deleted and the ground of appeal is allowed

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

depreciation, insurance and interest on car loan as relatable to personal and non-business purposes and restrict the claim as relatable to business purposes. In the instant case, the AO has determined 15% as relatable to personal and non-business purposes which we found reasonable and in light of the same, we see no justifiable basis to interfere with

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2 (1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

15 Jaymahakali Shikshan Sanstha A.Y. 2017–18, 2018–19 & 2019–20 an addition under section 69A of the Act. Insofar the application of provisions of section 69A of the Act is concerned, the addition was based on the impounded documents marked as Annexure–B/4, which is in our opinion is not a sufficient material to make an addition

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2(1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

15 Jaymahakali Shikshan Sanstha A.Y. 2017–18, 2018–19 & 2019–20 an addition under section 69A of the Act. Insofar the application of provisions of section 69A of the Act is concerned, the addition was based on the impounded documents marked as Annexure–B/4, which is in our opinion is not a sufficient material to make an addition

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2(1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

15 Jaymahakali Shikshan Sanstha A.Y. 2017–18, 2018–19 & 2019–20 an addition under section 69A of the Act. Insofar the application of provisions of section 69A of the Act is concerned, the addition was based on the impounded documents marked as Annexure–B/4, which is in our opinion is not a sufficient material to make an addition

VISHAL KISHORILAL JAIN,NAGPUR vs. DCIT/ACIT CIRCLE-4, NAGPUR

In the result, assessee’s appeal for A

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

15. As the controversy revolves around the applicability of Section 153A and more particularly, as to whether Section 153A read with Section 153C vis- a- vis the provisions of Section 147 of the I.T. Act, it will be appropriate to extract the said provisions, which reads thus: "147. Income escaping assessment.--If the Assessing Officer has reason to believe that

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-5, NAGPUR vs. THE NIRMAL UJWAL CREDIT CO-OP SOCIETY LTD, NAGPUR

In the result, appeal for the A

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

section 80P on extended income. 15. The learned AO in his assessment order contended that the appellant had claimed expenditure on purchase of pigmy machines as revenue in nature and accordingly, debited the same to the Profit & Loss Account. The AO contended that the same should be capital in nature. The AO enquired the appellant the reason for claiming

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, NAGPUR vs. MINERAL EXPLORATION CONSULTANCY LTD., NAGPUR

In the result, Ground No.1, 3 & 4 of the Revenue are dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.53/Nag/2023 िनधा"रण वष" / Assessment Year : 2018-19 The Deputy M/S.Mineral Corporation Commissioner Of Income V Corporation Limited, Tax, S (Name Changed As Mineral Circle-2, Nagpur. Exploration Consultancy Limited), Dr.Ambedkar Bhawan, 2Nd Floor, High Land Drive Road, Seminary Hills, Nagpur – 440006. Pan: Aabcm9165C Appellant / Revenue Respondent / Assessee Assessee By Shri Ashutosh Joshi – Ar Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 27/03/2024 Date Of Pronouncement 28/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld.Commissioner Of Income Tax (Appeal) Dated 23.12.2022 For A.Y.2018-19 Passed Under Section 250 Of The M/S.Mineral Corporation Corporation Limited [R]

section 250 of the M/s.Mineral Corporation Corporation Limited [R] Income Tax Act, 1961. The Revenue has raised the following grounds of appeal : Submission of ld.AR : 2. The ld.Authorised Representative(ld.AR) of the assessee explained that the ld.CIT(A) has decided the assessee’s appeal regarding issue of prior period expenses following the decision of ITAT in assessee’s own case

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

15. In view of discharge of burden by the assessee, burden shifted to the revenue; but revenue could not prove or bring any material to impeach the source of the credit. Though Mr. Walve, learned standing counsel, has pointed out that the creditor had no regular source of income to justify the advancement of the 45 pm credit

THE AMRAVATI PEOPLE CO-OP BANK LTD ( NOW MERGED IN THE COSMOS CO-OP BANK LTD),AMARAVATI vs. D.C.I.T. AMRAVATI CIRCLE, AMARAVATI

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकरअपीलसं. / Ita No. 309/Nag/2015 "नधा"रणवष" / Assessment Year : 2008-09 The Amravati Peoples Co-Op. Bank Limited (Now Merged In The Cosmos Co-Op. Bank Ltd.) C/O. Cosmos Co-Op Bank Ltd. Jawahar Road, Amravati-444601. Pan : Aaact5899B .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Amravati Circle, Amravati. ……""यथ" / Respondent Assessee By : Shri S.G. Gandhi, Ar Revenue By : Smt. Agnes P. Thomas, Dr सुनवाईक"तार"ख / Date Of Hearing : 18.02.2022 घोषणाक"तार"ख / Date Of Pronouncement : 09.05.2022

depreciation allowance, in the following manner, to the extent available" is as under:- Asst. Year Remarks S. Nature of Amount as Amount as No. loss/allowance ( returned (in assessed ( give rupees) in rupees) reference to relevant order) 1. 2002-03 Business loss 28858541 Not available 98748798 2. 2004-05 Business loss 36762850 -Do- 3479468 Total 10,22,28,266/- The assessment

ASSISTANT COMMISSIONER OF INCOME TAX AKOLA CIRCLE , AKOLA vs. AKOLA URBAN CO-OPRATIVE BANK LTD , AKOLA

In the result, appeal filed by the Revenue is dismissed

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

depreciation for current year as well as preceding year. The assessee filed its revised return on 01/10/2015, claiming TDS which remained to be claimed in original return of income. There were no changes in income insofar as other claims are concerned. The case was selected for Scrutiny under CASS. The Assessing Officer concluded by passing order dated 27/12/2017, under section

ECONOMIC EXPLOSIVES LIMITED,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1 (2), NAGPUR

In the result, appeal for the assessment year 2018–19 filed by the assessee is partly allowed

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

depreciation as is adopted while preparing its accounts that are laid before the company at its annual general meeting in accordance with provisions of Sec.210 of the Companies Act. Explanation below sec.115JB of the Act provides that for the purposes of section 115JB of the Act, "book profit" means the net profit as shown in the profit and loss account