M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

DY. C.I.T. CENTRAL CIR.-1(3), NAGPUR vs. SHRI KIRIT SHARAD JOSHI, NAGPUR

In the result, Revenue’s appeal for A

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

section 10(10D) of the Act amounting to ` 3,40,75,000, as ordinary life insurance policy on his life. The Assessing Officer, however, for 5 Shri Kirit Sharad Joshi the reason for the reasons stated in Para–12(2), 13 and 14 disallowed

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 may be allowed in the light of above discussion. This ground is partly allowed for statistical purpose. 10. Ground No. 5 : This addition pertains to disallowance made by the AO towards PF/ESIC payment claimed by the appellant. The AO contended that the appellant had not made the payments of Rs. 12

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

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

12,89,09,181, on which interest amounting to ₹ 17,07,742, has been paid. The assessee received dividend amounting to ₹ 48,899, which was claimed exempt under section 10(34) of the Act and claimed expenditure at ₹ 15,75,789, in the return of income. The Assessing Officer has made disallowance

M/S PYRAMID DEVELOPERS,NAGPUR vs. JOINT CIT RANGE 1, NAGPUR

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

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

10. Having considered both the parties, we find that as per the provisions of section 40A(3) of the Act, where the assessee incurs any expenditure in respect of which a payment made to a person in a day otherwise than by way of account payee cheque / demand draft in excess of ` 20,000, no deduction shall be allowed

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

disallowance of exemption should have been made in light of provisions of section 13(1)(c)(ii) read with section 13(3) of the Act. The relevant provisions of section 13 of the Act are reproduced below. Section 13 (1) Nothing contained in section 11 shall operate so as to exclude from the total income of the previous year

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

disallowance of exemption should have been made in light of provisions of section 13(1)(c)(ii) read with section 13(3) of the Act. The relevant provisions of section 13 of the Act are reproduced below. Section 13 (1) Nothing contained in section 11 shall operate so as to exclude from the total income of the previous year

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

disallowance of exemption should have been made in light of provisions of section 13(1)(c)(ii) read with section 13(3) of the Act. The relevant provisions of section 13 of the Act are reproduced below. Section 13 (1) Nothing contained in section 11 shall operate so as to exclude from the total income of the previous year

ITO WARD-1(1) NAGPUR, NAGPUR vs. ASHWAMI SALES AND MARKETING PVT.LTD, NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

disallowed the sums u/s 40(a)(ia). The action of the AO is confirmed‖. 9. A reading of the appellate order shows that the learned CIT dismissed the appeal of the assessee on the premise, firstly, that u/s 194C(1) ) r/w clause (c) to Explanation given below Sec. 194C(7) the assessee is a contractor making payments to the transporter

HIGH RISE CONSTRUCTION,NAGPUR vs. I.T.O. WARD 1(5), NAGPUR

In the result this appeal by the assessee is allowed for statistical purposes

Bench: Shri Shamim Yahya.

Section 80IB(10) of the Act.” 8. I have examined the evidences submitted by the learned counsel of the assessee regarding the completion of the project. On the touch stone of above said case laws I find that the evidences duly established that the project has been duly completed for the deduction being claimed. Hence I find that adverse 10

MAHAVIR COAL WASHIERS PVT. LTD,NAGPUR vs. ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGLORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

HERD MEDICAL FOUNDATION PVT LTD,NAGPUR vs. INCOME TAX OFFICER, INCOME TAX

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

M/S. MINI IRON AND STEEL PVT. LTD.,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCEL-3, NAGPUR

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

PREMCHAND KANHAIYALAL THAKUR,AMRAVATI vs. DCIT, CPC,, BENGALURU

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

SOHAN HEALTHCARE PVT. LTD,YAVATMAL vs. ADIT, CPC, BANGALORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

RAMASARYE YADEO ,NAGPUR vs. ASSISTANT DIRECTOR OF INCOME TAX, BANGALORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y