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

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

3. (2013) 218 Taxman 0142 (Guj. HC)P-II CIT-Vs.- Gujarat Industrial Development Corporation Ltd. Tribunal was satisfied in affirming deletion of disallowance under section 14A

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

3. (2013) 218 Taxman 0142 (Guj. HC) Commissioner of Income Tax –Vs.- Gujarat Industrial Development Corporation Ltd. Tribunal was satisfied in affirming deletion of disallowance under section 14A

DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCEL-1(2, NAGPUR vs. M/S. VIBRANT GLOBAL CAPITAL LTD., MUMBAI

In the result, appeal filed by the Revenue is dismissed

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

3)(2), Mumbai, on 20/12/2016, determining total income at ` 8,65,21,840. In the assessment framed, addition has been made at ` 850 lakh under section 68 of the Act, apart from other additions out of claim of interest, disallowance under section 14A

ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE -1,RAIPUR (CG), RAIPUR (CG) vs. M/S SARDA ENERGY & MINERALS LTD , NAGPUR

The appeals of the Revenue are dismissed

section 14 r.w.r. 8D. The ground is hereby allowed.” 12. From the above, we find that the disallowance of such a huge expenditure of Rs.36,70,781/- is uncalled merely for depositing few dividend warrants in the bank account of the assessee. The Assessing Officer has not made out a case in support of his disallowance of the expenditure

ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE -1,RAIPUR (CG), RAIPUR (CG) vs. M/S SARDA ENERGY & MINERALS LTD , NAGPUR

The appeals of the Revenue are dismissed

section 14 r.w.r. 8D. The ground is hereby allowed.” 12. From the above, we find that the disallowance of such a huge expenditure of Rs.36,70,781/- is uncalled merely for depositing few dividend warrants in the bank account of the assessee. The Assessing Officer has not made out a case in support of his disallowance of the expenditure

ITO, WARD- 4 (1), NAGPUR vs. SHRI SWAPNIL ANIL AHIRKAR, NAGPUR

In the result, Revenue’s appeal is dismissed

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

disallowance under section 14A(3) on account of cash payment of ` 12 lakh each in respect of land in Khasra

SHRIRAM DADAJI MATTE,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, NAGPUR

In the result, appeal filed by the assessee for the assessment year

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

3) of the Act. The Assessing Officer concluded assessment by making a disallowance under section 14A of the Income Tax Act, 1961 ("the Act") for business

SHRIRAM DADAJI MATTE,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, NAGPUR

In the result, appeal filed by the assessee for the assessment year

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

3) of the Act. The Assessing Officer concluded assessment by making a disallowance under section 14A of the Income Tax Act, 1961 ("the Act") for business

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S. FUELCO COAL INDIA LTD., NAGPUR

Appeal of the Revenue is dismissed

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

3) on 22.12.2016. In this assessment order the AO has disallowed Rs 11,30,384/- under section 14A of the Act. There

SHRI DNYANDEO NINU PATIL,AKOLA vs. THE DY. CIT- AKOLA CIRCLE,, AKOLA

In the result, the appeal filed by the assessee as well as cross appeal filed by the Revenue are dismissed

disallowed under section 14A of the Act. All the decision cited from the side of the assessee are in support of this view. Otherwise also, while siting under the jurisdiction of Hon'ble Jurisdictional High Court, we are expected to dutifully follow the said judgment. As far as this case is concerned, since the undisputed fact was that there

ACIT, AKOLA CIRCLE,, AKOLA vs. SHRI DNYANDEO NINU PATIL,, AKOLA

In the result, the appeal filed by the assessee as well as cross appeal filed by the Revenue are dismissed

disallowed under section 14A of the Act. All the decision cited from the side of the assessee are in support of this view. Otherwise also, while siting under the jurisdiction of Hon'ble Jurisdictional High Court, we are expected to dutifully follow the said judgment. As far as this case is concerned, since the undisputed fact was that there

BAJAJ EXPORTS PVT. LTD.,NAGPUR vs. THE DY. CIT, CENTRAL CIRCLE, 2(3), NAGPUR

In the result, the appeal of the assessee is partly allowed for statistical purposes

disallowance made by invoking Section 14A of the Income Tax Act is unjustified and unreasonable. (3) That the learned Assessing

SHRI PADMESH GUPTA,NAGPUR vs. ACITCENTRAL-CIRCLE-2(3), NAGPUR

In the result, assessee’s appeal is allowed

Bench: Shri Shamim Yahya & Shri Ram Lal Negi

3), Nagpur is bad in law and wrong on facts and the learned C.I.T.(A) has erred in confirming the same. On the facts and circumstances of the case action of both the authorities is unjustified. 2. That the Assessing officer erred in law and on facts in invoking 2 Shri Padmesh Gupta the provisions of Section 14A and making

SHRI PRAMOD V MUNDRA ,NAGPUR vs. INCOME TAX OFFICER WARD -1(1) , NAGPUR

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

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.12/Nag/2019 िनधा"रण वष" / Assessment Year: 2013-14 Shri Pramod V. Mundra, Vs. Ito, Ward-1(1), 602, 6Th Floor, Kalyani Nagpur. Apartment, 108, Farmland, Ramdaspeth, Nagpur- 440010. Pan : Abcpm2572L Appellant Respondent Assessee By : None Revenue By : Shri G. J. Ninawe Date Of Hearing : 26.09.2022 Date Of Pronouncement : 07.11.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Nagpur [‘The Cit(A)’] Dated 28.11.2018 For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “1] Learned C.I.T.(A) Erred In Confirming The Disallowance Made By A.O. U/S.L4A Amounting To Rs. 15,69,653/-. 2] Learned C.I.T.(A) Erred In Not Properly Considering Assessee’S Various Submissions & Relevant Documents Filed At The Time Of Hearing. 3] Learned C.I.T.(A) Erred In Not Properly Applying Her Mind & Only Rely On What The A.O. Say. 4] Assessee Crave To Urge Additional Grounds At The Time Of Hearing If Necessary.” 3. Briefly, The Facts Of The Case Are As Under :

3 exempt income. It is now settled position of law that in the absence of any exempt income, resort to the provisions of section 14A cannot be made. The various High Courts in catena of decisions held the same view and reference can be made to the following decisions :- (i) Redington (India) Ltd. vs. Addl

JAMNALAL SONS PVT. LTD.,,WARDHA vs. CIT-II, NAGPUR

In the result, appeal of the assessee is partly allowed

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

3. At the time of hearing through e-Court, both the parties unanimously agreed that the Assessing Officer should have disallowed certain expenditure as per Section 14A

ASSISTANT COMMISSIONER OF INCOME TAX , CHANDRAPUR CIRCLE , CHANDRAPUR vs. M/S CHANDRAPUR DISTRICT CENTRAL CO-OPRATIVE BANK LIMTED , CHANDRAPUR

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

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

14A of the Act was prescribed to the assessee, the assessee has preferred an appeal in this Court under Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present

ACIT, CHANDRAPUR CIRCLE , CHANDRAPUR vs. CHANDRAPUR DISTT. CENTRAL CO-OP BANK LTD , CHANDRAPUR

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

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

14A of the Act was prescribed to the assessee, the assessee has preferred an appeal in this Court under Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present

DEPUTY COMMISSIONER OF INCOME TAX, AMRAVATI & CHANDRAPUR CIRCLE, AMRAVATI vs. CHANDRAPUR DISTRICT CENTRAL CO-OP BANK LTD., CHANDRAPUR

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

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

14A of the Act was prescribed to the assessee, the assessee has preferred an appeal in this Court under Section 260A of the Act which has also been admitted and substantial question of law framed. This itself shows that the issue is debatable. For these reasons, we are of the opinion that no question of law arises in the present