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25 results for “disallowance”+ Section 194C(6)clear

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Key Topics

Section 4028 Section 80I27 Section 194C25 Section 143(3)24 Disallowance16 Addition to Income16 Deduction15 TDS15 Section 14714 Section 153A

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

In the result, appeal filed by the Revenue is dismissed

ITA 294/NAG/2023[2013-14]Status: DisposedITAT Nagpur21 Aug 2024AY 2013-14

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

For Appellant: Shri Hitesh P. ShahFor Respondent: Shri Kailash C. Kanojiya

Section 143(1)Section 194(7)Section 194CSection 194C(6)Section 194C(7)Section 40Section 40A(2)(b)

6) are independent of section 194C(7), and just because there is violation of provisions of section 194C(7), disallowance

Showing 1–20 of 25 · Page 1 of 2

13

Section 40A(3)11

Section 143(1)10

I.T.O.(T.D.S.) WARD 2(3), CHANDRAPUR vs. ULTRATECH CEMENT LTD UNIT AWARPUR CEMENT WORKS,

In the result, the appeal of the assessee is allowed

ITA 345/NAG/2015[2011-12]Status: DisposedITAT Nagpur09 May 2018AY 2011-12

Bench: Shri Shamim Yahya & Shri Ram Lal Negi

Section 194CSection 194C(6)Section 201

6) are independent of section 194C(7), and just because there is violation of provisions of section 194C(7), disallowance

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

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

ITA 343/NAG/2015[2011-12]Status: DisposedITAT Nagpur26 Oct 2018AY 2011-12

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

For Appellant: Shri Ajay SinghFor Respondent: Shri U.U. Kasar

Section 131Section 133ASection 40A(3)

disallowed the amount of ` 2,57,530 towards advertisement expenses 6 M/s. Pyramid Developers M/s. Pyramid Arcade Pvt. Ltd. for failure to deduct tax at source under section 194C

RAGHAV AGRITECH,NAGPUR vs. ITO WARD 3(4), NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 182/NAG/2024[2019-20]Status: DisposedITAT Nagpur18 Nov 2024AY 2019-20

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

For Appellant: NoneFor Respondent: Shri Vijay Agrawal

Section 139Section 143Section 143(1)Section 194CSection 1aSection 234ASection 40

disallowing 30% of the amount 4 Raghav Agritech paid to the contractor without deduction of tax for violating the provisions of section 40(a)(ia) r.w.s. 194C(1). The appellant's appeal on this ground is therefore dismissed.” 6

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

In the result, appeal is partly allowed

ITA 9/NAG/2016[2009-10]Status: DisposedITAT Nagpur27 Jun 2017AY 2009-10

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

For Appellant: Shri Manoj MoryaniFor Respondent: Shri A.R. Ninawe

Section 143(1)Section 143(2)Section 143(3)Section 40Section 40A(3)Section 43A(3)

6. The Tribunal, Pune Bench, has also identical issue in appeal in ITA no.829 and 863/Pn./2012 dated 11th March 2016, wherein it has been held that if the assessee purchased agricultural produce from farmer through them and make direct payment to the farmers then there shall be no disallowance under section 40A(3). The Hon’ble P&H High

ASTT.COMMISSIONER OF INCOME TAX,AMRAVATI CIR.AMRAVATI, AMRAVATI vs. SHRI AKASH RAMESHWAR PANPALIA,

In the result, the appeal filed by the Revenue is dismissed

ITA 446/NAG/2014[2008-09]Status: DisposedITAT Nagpur08 Mar 2018AY 2008-09

Bench: Sh. G.D.Agrawal, Hon’Ble & Sh. Mahavir Singhacit, Vs Akash Rameshwar Panpalia, Amravati Circle, Ward No.14, Dhamangaon Amravati, Aayakar Railway, Distt.-Amravati–4447–9. Bhawan, Ambapeth, Pan–Aiopp8687J Amravati–444601. (Appellant) (Respondent) Appellant By Sh.R.K.Baral, Sr.Dr Respondent By Sh.K.P.Dewani, Adv. Date Of Hearing 08.03.2018 Date Of Pronouncement 08.03.2018

Section 143(3)Section 194CSection 40Section 40A(3)Section 44A

194C for making disallowance as the payments are made without deduction of TDS and also for making cash payment in excess of Rs.20,000/– in a single day in violation of provision of section 40A(3) of the Act. But we have gone through the assessment order, and it is noticed that the Assessing Officer has not invoked the provision

ASSTT.COMMISSIONER OF INCOME TAX ,CIRCLE-4, NAGPUR vs. SHRI NANDLAL B MALOO, NAGPUR

In the result, assessee’s cross objection is partly allowed

ITA 311/NAG/2012[2004-05]Status: DisposedITAT Nagpur30 Jun 2017AY 2004-05

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri A.R. Ninawe

Section 147Section 148Section 153A

6. On a perusal of the above said finding, it came into the notice that the Assessing Officer has wrongly understood the amount to the tune of ` 1,90,60,770 as interest received from M/s. Nandlal Enterprises Ltd. In fact, the said amount was the receipt which was subject to tax deducted at source @ 2.2% under section 194C

SHRI SANJAY KUMAR SINGH ,NAGPUR vs. INCOME TAX OFFICER WARD 8(1), NAGPUR

Appeal is allowed in above terms

ITA 96/NAG/2020[2006-07]Status: DisposedITAT Nagpur23 Dec 2022AY 2006-07

Bench: Shri S. S. Godaraआयकर अपील सं. / Ita No.96/Nag/2020 िनधा"रण वष" / Assessment Year : 2006-07 Shri Sanjay Kumar Singh, Vs. Ito, Ward- 8(1), Nagpur. Hanshu Patel Building, Amravati Road, Wadi, Nagpur- 440023. Pan : Axbps9499K Appellant Respondent Assessee By None : Revenue By : Shri G. J. Ninawe Date Of Hearing : 02.11.2022 Date Of Pronouncement : 27.12.2022 आदेश / Order Per S. S. Godara, Jm: This Assessee’S Appeal For Assessment Year 2006-07 Arises Against The Cit(A)-2, Nagpur’S Order Dated 21.08.2019 Passed In Case No. Cit(A)-2/141/2013-14, Involving Proceedings U/S 143(3) R.W.S. 147 Of The Income Tax Act, 1961; In Short “The Act”. Case Called Twice. None Appears At Assessee’S Behest. The Very Factual Position Existed On All Previous Hearing As Well. He Is Accordingly Proceeded Ex-Parte.

For Respondent: Shri G. J. Ninawe

Section 143(3)Section 194CSection 40

194C of the Act. Faced with this situation, I delete the impugned section 40(a)(ia) disallowance of Rs.9,22,133/- in issue. 3 The assessee succeeds in his sole substantive grievance. Ordered accordingly. 5. This assessee’s appeal is allowed in above terms. Order pronounced on this 27th day of December, 2022. (S. S. GODARA) JUDICIAL MEMBER पुणे / Pune

INCOME TAX OFFICER WARD-7(2), NAGPUR vs. M/S SHIVPRAKASH RAJNARAYAN MISHRA(HUF), NAGPUR

In the result, Revenue’s appeal is dismissed and assessee’s

ITA 238/NAG/2012[2008-09]Status: DisposedITAT Nagpur25 Oct 2018AY 2008-09

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

For Appellant: Shri Rajendra Gupta a/wFor Respondent: Shri U.U. Kasar

disallowance of undisclosed transportation receipts at ` 1,04,73,178 made by the Assessing Officer though the deductors have rightly debited the receipts in the account of the assessee as freight charges. 3. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in considering that if all receipts are taken

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

ITA 511/NAG/2016[2008-09]Status: DisposedITAT Nagpur25 Jul 2022AY 2008-09

Bench: Shrisandeepgosain & Shriarunkhodpia

For Appellant: Shri Sudesh BanthiaFor Respondent: Shri Piyush Kolhe

Section 143(3)Section 147Section 153ASection 80I

6 of the Assessment -. On careful perusal of the observations of the AO, I find that the AO has discussed the observations of the investigation wing at the time of search. It is quite clear from the finding recorded by the AO in his order that the AO has made proportionate disallowance of expenditure in the case of assessee merely

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

ITA 499/NAG/2016[2009-10]Status: DisposedITAT Nagpur25 Jul 2022AY 2009-10

Bench: Shrisandeepgosain & Shriarunkhodpia

For Appellant: Shri Sudesh BanthiaFor Respondent: Shri Piyush Kolhe

Section 143(3)Section 147Section 153ASection 80I

6 of the Assessment -. On careful perusal of the observations of the AO, I find that the AO has discussed the observations of the investigation wing at the time of search. It is quite clear from the finding recorded by the AO in his order that the AO has made proportionate disallowance of expenditure in the case of assessee merely

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

ITA 436/NAG/2016[2005-06]Status: DisposedITAT Nagpur25 Jul 2022AY 2005-06

Bench: Shrisandeepgosain & Shriarunkhodpia

For Appellant: Shri Sudesh BanthiaFor Respondent: Shri Piyush Kolhe

Section 143(3)Section 147Section 153ASection 80I

6 of the Assessment -. On careful perusal of the observations of the AO, I find that the AO has discussed the observations of the investigation wing at the time of search. It is quite clear from the finding recorded by the AO in his order that the AO has made proportionate disallowance of expenditure in the case of assessee merely

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

ITA 512/NAG/2016[2009-10]Status: DisposedITAT Nagpur25 Jul 2022AY 2009-10

Bench: Shrisandeepgosain & Shriarunkhodpia

For Appellant: Shri Sudesh BanthiaFor Respondent: Shri Piyush Kolhe

Section 143(3)Section 147Section 153ASection 80I

6 of the Assessment -. On careful perusal of the observations of the AO, I find that the AO has discussed the observations of the investigation wing at the time of search. It is quite clear from the finding recorded by the AO in his order that the AO has made proportionate disallowance of expenditure in the case of assessee merely

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

ITA 438/NAG/2016[2010-11]Status: DisposedITAT Nagpur25 Jul 2022AY 2010-11

Bench: Shrisandeepgosain & Shriarunkhodpia

For Appellant: Shri Sudesh BanthiaFor Respondent: Shri Piyush Kolhe

Section 143(3)Section 147Section 153ASection 80I

6 of the Assessment -. On careful perusal of the observations of the AO, I find that the AO has discussed the observations of the investigation wing at the time of search. It is quite clear from the finding recorded by the AO in his order that the AO has made proportionate disallowance of expenditure in the case of assessee merely

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

ITA 498/NAG/2016[2007-08]Status: DisposedITAT Nagpur25 Jul 2022AY 2007-08

Bench: Shrisandeepgosain & Shriarunkhodpia

For Appellant: Shri Sudesh BanthiaFor Respondent: Shri Piyush Kolhe

Section 143(3)Section 147Section 153ASection 80I

6 of the Assessment -. On careful perusal of the observations of the AO, I find that the AO has discussed the observations of the investigation wing at the time of search. It is quite clear from the finding recorded by the AO in his order that the AO has made proportionate disallowance of expenditure in the case of assessee merely

DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-2, NAGPUR vs. M/S UNITED BUILDERS , BHANDARA

In the result, appeal filed by the Revenue is allowed

ITA 56/NAG/2020[2014-15]Status: DisposedITAT Nagpur14 Aug 2024AY 2014-15

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

For Appellant: NoneFor Respondent: Shri Kailash C. Kanojiya

Section 133(6)Section 143(3)

6. The Assessing Officer observed that the assessee could not explain and prove the genuineness of the expenses claimed on account of sub contract expenses. He was of the opinion that the assessee has also failed to prove any nexus between the claim of these expenses and the receipt / work-in- M/s. United Builders ITA no.56/Nag./2020 progress represented

ACIT, CIRCLE-4, NAGPUR vs. M/S NANDLAL ENTERPRISES, NAGPUR

In the result, appeal of Revenue in ITA No

ITA 435/NAG/2014[2005-06]Status: DisposedITAT Nagpur22 Oct 2019AY 2005-06

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

For Appellant: Shri Abhay AgarwalFor Respondent: Dr. Milind Bhusari &

Section 194CSection 40

section 40(a)(ia) r.w.s. 194C of the Act. 4. On the other hand, the Ld. Counsel for the assessee submitted that the assessee made payments to M/s. Ramkrishna Transport Company, who in turn, disbursed the amount among the truck owners for the services rendered by truck owners to the assessee. However, there is no finding of fact

ACIT, CIRCLE-4, NAGPUR vs. M/S NANDLAL ENTERPRISES, NAGPUR

In the result, appeal of Revenue in ITA No

ITA 437/NAG/2014[2008-09]Status: DisposedITAT Nagpur22 Oct 2019AY 2008-09

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

For Appellant: Shri Abhay AgarwalFor Respondent: Dr. Milind Bhusari &

Section 194CSection 40

section 40(a)(ia) r.w.s. 194C of the Act. 4. On the other hand, the Ld. Counsel for the assessee submitted that the assessee made payments to M/s. Ramkrishna Transport Company, who in turn, disbursed the amount among the truck owners for the services rendered by truck owners to the assessee. However, there is no finding of fact

ACIT, CIRCLE-4, NAGPUR vs. M/S NANDLAL ENTERPRISES, NAGPUR

In the result, appeal of Revenue in ITA No

ITA 436/NAG/2014[2007-08]Status: DisposedITAT Nagpur22 Oct 2019AY 2007-08

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

For Appellant: Shri Abhay AgarwalFor Respondent: Dr. Milind Bhusari &

Section 194CSection 40

section 40(a)(ia) r.w.s. 194C of the Act. 4. On the other hand, the Ld. Counsel for the assessee submitted that the assessee made payments to M/s. Ramkrishna Transport Company, who in turn, disbursed the amount among the truck owners for the services rendered by truck owners to the assessee. However, there is no finding of fact

INCOME TAX OFFICER WARD -1, AKOLA vs. M/S BALKRISHANA TRADERS , NAGPUR

In the result, all the appeals of Revenue are dismissed

ITA 2/NAG/2019[2009-10]Status: DisposedITAT Nagpur31 Oct 2023AY 2009-10

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

For Appellant: Shri Sanjay C. ThakarFor Respondent: Shri Kailash G. Kanojiya

Section 143(1)Section 148Section 194CSection 40

194C of the Act. The CIT(A) opined by verification of agreement between the members and held that the assessee was formed only to procure work contract and members therein executed the work in accordance with the memorandum of understanding as per their own risk, held the said relationship is of principle to principle but not as a principle