ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

In the result, appeal of the Revenue stands dismissed

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

natural justice to the assessee; v. Suspicion cannot be a good evidence for the purpose of assessment unless it is corroborated by clinching evidence brought on record after affording reasonable opportunity to the assessee; vi. Payment for purchases and sales both have been made by cheque and duly reflected in the bank statement; vii. The sale of shares has been

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

natural justice to the assessee;\nv. Suspicion cannot be a good evidence for the purpose of assessment unless it is corroborated by clinching evidence brought on record after affording reasonable opportunity to the assessee;\nvi. Payment for purchases and sales both have been made by cheque and duly reflected in the bank statement;\nvii. The sale of shares has been

INDOWORTH INDIA LIMITED,NAGPUR vs. ACIT(TDS), CIRCLE 51(1), NAGPUR

In the result, appeal filed by the assessee for A

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

justice and same is to be deleted. 5. Appellant craves a right to add, modify, alter, or withdraw and of the ground/s of appeal during the course of hearing. PRAYS: Appellant prays before your honor to delete the non-deduction TDS and interest thereon u/s 201(1) and 201(1A) of Rs.22,45,596/- or the appropriate relief

M/S INDOWORTH INDIA LIMITED,NAGPUR vs. ACIT(TDS), CIRCLE 51(1) , NAGPUR

In the result, appeal filed by the assessee for A

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

justice and same is to be deleted. 5. Appellant craves a right to add, modify, alter, or withdraw and of the ground/s of appeal during the course of hearing. PRAYS: Appellant prays before your honor to delete the non-deduction TDS and interest thereon u/s 201(1) and 201(1A) of Rs.22,45,596/- or the appropriate relief

NARAYAN MAHADEORAO DHAWANE,MAHARASHTRA, NAGPUR vs. ITO WARD -5(1), MAHARASHTRA, NAGPUR

In the result, assessee’s appeal stands allowed

Bench: Shri V. Durga Rao

natural justice and the same is to be deleted. 3. The disallowance of deduction u/s 54F of Rs.3,44,148/- and addition

DCIT, CIRCLE-2, NAGPUR, NAGPUR vs. NARESH LAXMINARAYAN GROVER, NAGPUR

In the result, all these three appeals for the A

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

disallowing the claim stating that the assessee failed to provide cogent and convincing reply to the allegations raised. We observe from the record that in identical situation the Coordinate Bench of ITAT in ITA Nos. 4843 & 1228/Mum/2018 for Assessment Year 2013-14 & 2014-15 in the case of Ramprasad Agrawal Vrs. ITO (reported in [2018] 100 taxman.com 172 - Mum Trib

DCIT, CIRCLE-2, NAGPUR, NAGPUR vs. NARESH LAXMINARAYAN GROVER, NAGPUR

In the result, all these three appeals for the A

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

disallowing the claim stating that the assessee failed to provide cogent and convincing reply to the allegations raised. We observe from the record that in identical situation the Coordinate Bench of ITAT in ITA Nos. 4843 & 1228/Mum/2018 for Assessment Year 2013-14 & 2014-15 in the case of Ramprasad Agrawal Vrs. ITO (reported in [2018] 100 taxman.com 172 - Mum Trib

DCIT, CIRCLE-2, NAGPUR, NAGPUR vs. NARESH LAXMINARAYAN GROVER, NAGPUR

In the result, all these three appeals for the A

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

disallowing the claim stating that the assessee failed to provide cogent and convincing reply to the allegations raised. We observe from the record that in identical situation the Coordinate Bench of ITAT in ITA Nos. 4843 & 1228/Mum/2018 for Assessment Year 2013-14 & 2014-15 in the case of Ramprasad Agrawal Vrs. ITO (reported in [2018] 100 taxman.com 172 - Mum Trib

TERRA INFRA DEVELOPMENT LIMITED,NAGPUR vs. ACIT CIRCLE-3, NAGPUR

In the result, appeal filed by the assessee is allowed

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

natural justice and is bad in law. 5. The learned A.O. ought not to have levied penalty in view of application for immunity having been submitted u/s 270AA of I.T. Act 1961 and requisite conditions for grant of immunity being available on record. 6. The learned A.O. erred in levying penalty u/s 270A of I.T. Act 1961 by holding that

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX WARD-1, WARDHA

In the result, appeal by the assessee for A

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

disallowed Deduction under Section 80P and have considered the Business income into Other Sources which against the Basic Principles of Classification based on the Nature of Business of the Assessee. Kindly consider the same. We also had submitted Copy of Audited Balance Sheet and Copy of ITR along with our reply which is electronically filed on 17.01.2023 having acknowledgement

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX OFFICER WARD-1, WARDHA

In the result, appeal by the assessee for A

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

disallowed Deduction under Section 80P and have considered the Business income into Other Sources which against the Basic Principles of Classification based on the Nature of Business of the Assessee. Kindly consider the same. We also had submitted Copy of Audited Balance Sheet and Copy of ITR along with our reply which is electronically filed on 17.01.2023 having acknowledgement

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX OFFICER WARD-1, WARDHA

In the result, appeal by the assessee for A

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

disallowed Deduction under Section 80P and have considered the Business income into Other Sources which against the Basic Principles of Classification based on the Nature of Business of the Assessee. Kindly consider the same. We also had submitted Copy of Audited Balance Sheet and Copy of ITR along with our reply which is electronically filed on 17.01.2023 having acknowledgement

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3, BSNL RTTC BUILDING vs. THE WARDHA DISTRICT CENTRAL COOPERATIVE BANK LTD, WARDHA

In the result, Revenue’s appeal stands allowed for statistical purposes

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

disallowance was intimated to the appellant by way of issuing show, cause notice to provide a fair opportunity to explain his position on the proposed additions/disallowances in accordance with the principle of natural justice

PANHERA GRAMIN BIGARSHETI SAHAKARI PAT SANSTHA MARYADIT,BULDHANA vs. ITO WARD-2, KHAMGAON, KHAMGAON

In the result, assessee’s appeal being ITA no

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

natural justice. 5. Assessee craves leave to add or alter any other ground during or at the time of appeal proceedings. 8. Delay of 29 days in filing this appeal has already been condoned vide Para-6 above. 9. This is a case of levy of penalty of ` 7,78,502, under section 270A

PANHERA GRAMIN BIGARSHETI SAHAKARI PAT SANSTHA MARYADIT,BULDHANA vs. ITO WARD-2, KHAMGAON, KHAMGAON

In the result, assessee’s appeal being ITA no

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

natural justice. 5. Assessee craves leave to add or alter any other ground during or at the time of appeal proceedings. 8. Delay of 29 days in filing this appeal has already been condoned vide Para-6 above. 9. This is a case of levy of penalty of ` 7,78,502, under section 270A

AKSHAY GAJANAN SURYAWANSHI DESHMUKH,CHIKHLI vs. ITO WARD-2, KHAMGAON

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

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

natural justice. 5) The order passed by A.O. is illegal, invalid and bad in law. 6) The income determined by A.O. at Rs.2,34,07,641/- is unjustified, unwarranted and excessive. 7) The addition made by A.O. at Rs.1,42,06,636/- out of purchases is unjustified, unwarranted and excessive. 8) The learned A.O. erred in making addition at Rs.1

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

natural justice because of which the assessee was adversely affected." 13. This Court has in Smt Jami Nirmala [2021] (Ori HC) and Smt Smrutisudha Nayak [2022] (Ori HC) relied on Kabul Chawla [2015] (Del HC) where inter alia it was observed as under: “…(iv) Although Section 153A does not say that additions should be strictly made on the basis

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

natural justice because of which the assessee was adversely affected." 13. This Court has in Smt Jami Nirmala [2021] (Ori HC) and Smt Smrutisudha Nayak [2022] (Ori HC) relied on Kabul Chawla [2015] (Del HC) where inter alia it was observed as under: “…(iv) Although Section 153A does not say that additions should be strictly made on the basis