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8 results for “depreciation”+ Section 54clear

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Key Topics

Section 35A6Addition to Income6Section 685Disallowance4Deduction4Section 2503Section 234A3Depreciation3Carry Forward of Losses3Section 36(1)(viia)

JEETENDRA CHANDRAKANT NAYAK,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOM TAX(OSD), NAGPUR

In the result, the appeal filed by the assessee is allowed

ITA 368/NAG/2023[2015-2016]Status: DisposedITAT Nagpur27 Jun 2024AY 2015-2016

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

For Appellant: Shri M.G.Moryani, AdvocateFor Respondent: Shri Rajat Singhai, Sr. DR
Section 143(3)Section 234ASection 250Section 54F

depreciation under section 32 of the Act and as a consequence to this decision the Legislature had to amend the provisions of section 32 with effect from 1-4-1997 by using the expression “owned wholly or partly”. Since no such words are expressively mentioned in Section 54F, in our considered view the word “own” in section 54F would include

2
Section 143(3)2
Section 402

TAJSHREE MOTORS PVT LTD,NAGPUR vs. DCIT/ACIT CIRCLE-4, NAGPUR

In the result, appeal of the Assessee is allowed for statistical purposes

ITA 292/NAG/2025[2018-19]Status: DisposedITAT Nagpur10 Apr 2026AY 2018-19

Bench: Shri Pawan Singh & Shri Khettra Mohan Roytajshree Motors Pvt. Ltd., Dict/Acit, Circle– 4, 17, Tajshree Estate, Vs Nagpur Nandanwan, Nagpur. Pan : Aacct 9187 G Assessee Respondent

For Appellant: Shri Madhav Vichare, CAFor Respondent: Shri Surjit Kumar Saha, Sr. DR
Section 147Section 148Section 250Section 4

54,88,905/-, in which depreciation of Rs. 60,60,315/- was deducted. Consequently, Ld. Assessing Officer (AO) completed the assessment making addition of Rs.2,94,28,950/-. 3. Aggrieved with the above addition, assessee preferred appeal before the Ld. CIT(A). Due to non-compliance to the various notices issued, Ld. CIT(A) dismissed the appeal

INCOME TAX OFFICER WARD-2, KHAMGAON, KHAMGAON vs. RENUKA OIL INDUSTRIES, KHAMGAON

In the result, Revenue’s appeal stands dismissed

ITA 390/NAG/2024[2013-14]Status: DisposedITAT Nagpur27 Jan 2025AY 2013-14

Bench: Shri V. Durga Rao

For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 139Section 139(1)Section 139(4)Section 143(2)Section 154Section 35A

depreciation alternatively allowable u/s 32 on the capital expenditure incurred by the appellant on construction of the Warehouse in accordance with section 35AD(4), not disputing the factum or quantum (except disallowance of construction expenses of Rs 1.90.70,349 discussed in succeeding paragraphs) of investment in construction of the warehouse by the appellant and its in principle eligibility for deduction

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

ITA 119/NAG/2020[2015-16]Status: DisposedITAT Nagpur25 Oct 2024AY 2015-16

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

For Appellant: Shri Dharan Gandhi a/wFor Respondent: Shri Sandipkumar Salunke
Section 143(3)Section 36(1)(viia)Section 40

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

M/S SHREE TRADERS ,BULDHANA vs. ASSISTANT COMMISSIONER OF INCOME TAX, AKOLA CIRCLE, AKOLA

In the result, the appeal of assessee is dismissed

ITA 376/NAG/2017[2014-15]Status: DisposedITAT Nagpur21 Aug 2023AY 2014-15

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri Rachit ThakarFor Respondent: Smt. Rashmi Mathur
Section 143(2)Section 72

depreciable assets for the year under consideration or not. In the present case, the assessee sought set off of brought forward business loss for A.Y. 2013-14 against the capital gain earned in 2014-15 i.e. year under consideration. The AO observed that the assessee shown business income Rs.(-)54,47,074/- which is a loss as per the computation

RAVINDRA MADANLAL KHANDELWAL,AKOLA vs. DCIT/ACIT CIRCLE , AKOLA

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

ITA 375/NAG/2024[2018-19]Status: DisposedITAT Nagpur18 Nov 2024AY 2018-19

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Sandipkumar Salunke
Section 142(1)Section 143Section 144BSection 68

54,500 1 day Exports 11,57,79,50 11,57,79,50 Total 0 0 6. A bare perusal of the aforesaid details makes it clear that the assessee has refunded the entire deposits either within in a day or in a week in respect of seven transactions. It was refunded in a maximum period of five months

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

ITA 328/NAG/2014[2008-09]Status: DisposedITAT Nagpur28 Jun 2022AY 2008-09

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

For Appellant: Shri K.P. Dewani (Adv.)For Respondent: ShriPiyushKolhe (CIT-DR)
Section 40

54,918/- being gain/ loss on foreign exchange fluctuation holding it a capital receipt without appreciating the fact that assessee company itself credited the amount as revenue receipt treating the same as revenue receipt. Whether the assessee has shown fluctuation as a capital receipt in earlier year is not relevant. The Id. CIT(A) has relied on the decision

DREAMZ INFRASTRUCTURE ,AMRAVATI vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, assessee’s appeal is allowed for statistical purposes

ITA 48/NAG/2023[2018-19]Status: DisposedITAT Nagpur15 May 2024AY 2018-19

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

For Appellant: Shri K.P. DewaniFor Respondent: Shri Kailash C. Kanojiya
Section 144Section 234ASection 250Section 44ASection 68

depreciation as per Income Tax Act. The addition made by AO is without affording any opportunity to the assessee. The same be deleted. 3. That the C.I.T. (Appeals) erred in confirming the disallowance of Rs. 80,69,310/- at 5% on the allegation that amount is spent in respect of land contribution by 7 partners is unjust. In fact