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

142(1)is not made under section 80A(5) of the IT Act 1961. The claim under section 80P is made in the return of income filed and therefore it should be allowed. Additionally, there is no specific disallowance

SUSHILA BHAURAO DESHMUKH,AMRAVATI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

Section 142 (1) of the Act to the assessee in respect of nearly all of them. We, however, find from the assessment order that the Assessing Officer has dealt with nearly nine claims of deductions. These claims have been specifically mentioned in the assessment order and they have been discussed therein because the Assessing Officer appears to have disallowed

M/S SHREE SAIBABA CONSTRUCTION,,NAGPUR vs. CIT-IV,, NAGPUR

In the result, assessee’s appeal stands allowed

Bench: Shri P.K. Bansal & Shri Amarjit Singh

disallowance of ` 61,00,242. The learned Counsel further submitted that the Assessing Officer in the course of assessment proceeding had examined the URD purchases. The Assessing Officer vide notice under section 142

M/S. JAIKA AUTOMOBILES PVT. LTD. ,NAGPUR vs. DEPUTY COMMIISSIONER OF INCOME TAX,CPC, BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.193/Nag/2022 िनधा"रण वष" / Assessment Year : 2017-18 M/S. Jaika Automobiles & Vs. Acit, Circle-2, Nagpur. Finance Pvt. Ltd., Jaika Building, Commercial Road, Civil Lines, Nagpur- 440001. Pan : Aaacj3178K Appellant Respondent आयकर अपील सं. / Ita No.267/Nag/2022 िनधा"रण वष" / Assessment Year : 2018-19 M/S. Jaika Automobiles Pvt. Vs. Dcit, Cpc, Bangalore. Ltd., Jaika Building, Commercial Road, Civil Lines, Nagpur- 440001. Pan : Aaacj4462A Appellant Respondent Assessee By : Shri K. P. Dewani Revenue By : Shri Vijay Kumar Subrahmanyan Date Of Hearing : 18.12.2023 Date Of Pronouncement : 19.12.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’) Dated 15.03.2022 & 23.12.2021 For The Assessment Years 2017-18 & 2018-19 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Assessee In Ita No.267/Nag/2022 For The Assessment Year 2018-19 Are Stated Herein.

section 142, such return shall be processed in the following manner, namely:— (a) the total income or loss shall be computed after making the following adjustments, namely:— (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iv) disallowance

M/S. JAIKA AUTOMOBILES AND FINANCE PVT. LTD.,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, NAGPUR

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.193/Nag/2022 िनधा"रण वष" / Assessment Year : 2017-18 M/S. Jaika Automobiles & Vs. Acit, Circle-2, Nagpur. Finance Pvt. Ltd., Jaika Building, Commercial Road, Civil Lines, Nagpur- 440001. Pan : Aaacj3178K Appellant Respondent आयकर अपील सं. / Ita No.267/Nag/2022 िनधा"रण वष" / Assessment Year : 2018-19 M/S. Jaika Automobiles Pvt. Vs. Dcit, Cpc, Bangalore. Ltd., Jaika Building, Commercial Road, Civil Lines, Nagpur- 440001. Pan : Aaacj4462A Appellant Respondent Assessee By : Shri K. P. Dewani Revenue By : Shri Vijay Kumar Subrahmanyan Date Of Hearing : 18.12.2023 Date Of Pronouncement : 19.12.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’) Dated 15.03.2022 & 23.12.2021 For The Assessment Years 2017-18 & 2018-19 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Assessee In Ita No.267/Nag/2022 For The Assessment Year 2018-19 Are Stated Herein.

section 142, such return shall be processed in the following manner, namely:— (a) the total income or loss shall be computed after making the following adjustments, namely:— (ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iv) disallowance

DCIT-CC-1(3), NAGPUR, NAGPUR vs. R.B.S.D. AND F.N. DAS(EXPORT FIRM), VIZIANAGRAM

In the result, appeal filed by the Revenue is dismissed

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

disallowance of brokerage and commission U/s. 69C of the IT Act, 1961, without appreciating the facts that the assessee had not substantiated the expenditure incurred with any documentary evidences like copy of agreement, nature and proof of services provided and the payment made to these persons without any supporting materials, therefore, the A.O. had rightly added the unexplained expenditure

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

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

142(1)is not made under section 80A(5) of the IT Act 1961. The claim under section 80P is made in the return of income filed and therefore it should be allowed. Additionally, there is no specific disallowance

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

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

section 142 and 143 clearly suggests that the assessing officer may also act on the material gathered by him and the word 'material/ clearly shows that the assessing officer is not fettered by the technical rules of evidence and the like, and that he may act on material which may no strictly speaking be accepted evidence in court

INCOME TAX OFFICER, WARD -2, WARDHA, WARDHA vs. PADMAKAR KRUSHNAJI WARBHE, HINGANGHAT

In the result, the appeal of the revenue is dismissed

disallowances\nunder section 40A(3) are justified for such payments.\n5. We have considered rival submissions of the parties and have gone through\nthe orders of lower authorities carefully. We find that the AO made the\naddition under section 40A(3) of Rs.10,16,03,090/-, being 20% of total\npayment of Rs.50.83 crores by taking into view that

HARIOM BIOTECH AGRI FARMING,NAGPUR vs. DCIT CPC BENGALURU, CPC BENGALURU KARNATAKA

In the result, appeal filed by the assessee is dismissed

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

section 142, such return shall be processed in the following manner, namely:— (a) the total income or loss shall be computed after making the following adjustments, namely:— (i) any arithmetical error in the return; ii) an incorrect claim, if such incorrect claim is apparent from any information in the return; (iii) disallowance

KHALID NADEEM ALLARAKHA,NAGPUR vs. I.T.O. WARD 3(4), NAGPUR

In the result, appeal is partly allowed

Bench: Shri P.K. Bansal & Shri Amarjit Singh

disallowing the commission income by assessing, therefore order passed is unjustified, unwarranted and excessive. 4. On the fact and in the circumstances of the case and in law the learned Commissioner of Income Tax (Appeals)-II, Nagpur erred in confirming the addition made at Rs.56,81,006/- by assessing officer applying the provisions of section 40(a)(i), therefore order

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

section 142 and 143 clearly suggests that the assessing officer may also act on the material gathered by him and the word „material/ clearly shows that the assessing officer is not fettered by the technical rules of evidence and the like, and that he may act on material which may not strictly speaking be accepted evidence in court

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED THROUGH ITS ERSTWHILE DIRECTOR PRASHANT NATWARLAL LAKHANI,NAGPUR vs. DCIT ACIT CIRCLE-3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

disallowance under section 43B of the Act is concerned, the Assessing Officer noticed that in the statement of particulars furnished in Form no.3CD, which has been submitted electronically on 30/09/2013 by the assessee, it was found that at Clause 21(i)(B)(b), the auditor has reported that ESIC of ` 5,75,017, Professional

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED THROUGH ITS ERSTWHILE DIRECTOR PRASHANT NATWARLAL LAKHANI,NAGPUR vs. DCIT ACIT CIRCLE-3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

disallowance under section 43B of the Act is concerned, the Assessing Officer noticed that in the statement of particulars furnished in Form no.3CD, which has been submitted electronically on 30/09/2013 by the assessee, it was found that at Clause 21(i)(B)(b), the auditor has reported that ESIC of ` 5,75,017, Professional

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED,NAGPUR vs. DCIT ACIT CIRCLE -3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

disallowance under section 43B of the Act is concerned, the Assessing Officer noticed that in the statement of particulars furnished in Form no.3CD, which has been submitted electronically on 30/09/2013 by the assessee, it was found that at Clause 21(i)(B)(b), the auditor has reported that ESIC of ` 5,75,017, Professional

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED THROUGH ITS ERSTWHILE DIRECTOR PRASHANT NATWARLAL LAKHANI,NAGPUR vs. DCITACIT CIRCLE-3 , NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

disallowance under section 43B of the Act is concerned, the Assessing Officer noticed that in the statement of particulars furnished in Form no.3CD, which has been submitted electronically on 30/09/2013 by the assessee, it was found that at Clause 21(i)(B)(b), the auditor has reported that ESIC of ` 5,75,017, Professional

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED,NAGPUR vs. DCIT ACIT CIRCLE -3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

disallowance under section 43B of the Act is concerned, the Assessing Officer noticed that in the statement of particulars furnished in Form no.3CD, which has been submitted electronically on 30/09/2013 by the assessee, it was found that at Clause 21(i)(B)(b), the auditor has reported that ESIC of ` 5,75,017, Professional

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED,NAGPUR vs. DCIT ACIT CIRCLE -3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

disallowance under section 43B of the Act is concerned, the Assessing Officer noticed that in the statement of particulars furnished in Form no.3CD, which has been submitted electronically on 30/09/2013 by the assessee, it was found that at Clause 21(i)(B)(b), the auditor has reported that ESIC of ` 5,75,017, Professional