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15 results for “disallowance”+ Section 195(2)clear

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Key Topics

Section 26317Section 14712Addition to Income9Deduction8Section 143(3)6Section 245Disallowance5Section 142(1)4Section 143(1)4Section 201

TAJSHREE AUTOWHEELS PRIVATE LIMITED,NAGPUR vs. ACIT CIRCLE-4, NAGPUR

In the result, assessee’s appeal is allowed for statistical purposes

ITA 400/NAG/2024[2014-15]Status: DisposedITAT Nagpur04 Mar 2025AY 2014-15

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

For Appellant: Shri Madhav VichoreFor Respondent: Shri Abhay Y. Marathe
Section 56(2)Section 56(2)(viib)

disallowed and added back to the total income of the assessee under the head 'Income from Other Sources'. Penalty proceedings u/s 271(1)(c) of Income Tax Act, 1961 initiated separately for furnishing inaccurate particulars of income.” 6 Tajshree Autowheels Pvt. Ltd. ITA no.400/Nag./2024 6. Consequent upon the assessment order so passed by the Assessing Officer, the assessee being

ECONOMIC EXPLOSIVES LIMITED,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1 (2), NAGPUR

In the result, appeal for the assessment year 2018–19 filed by the assessee is partly allowed

4
Section 201(1)4
Limitation/Time-bar4
ITA 177/NAG/2022[2017-18]Status: DisposedITAT Nagpur09 Sept 2024AY 2017-18

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

For Appellant: Shri Mani JainFor Respondent: Shri Kailash C. Kanojiya
Section 139Section 142(1)Section 143(2)

195 ITR 877), while dealing with the question as to whether the allowance received by the assessee under the Huzur order dated April 8, 1947 which was ratified subsequently post-merger of the territories vide Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 held that the capital receipt is not income within the meaning of section

ECONOMIC EXPLOSIVES LIMITED,NAGPUR vs. NATIONAL E ASSESSMENT CENTRE, NEW DELHI

In the result, appeal for the assessment year 2018–19 filed by the assessee is partly allowed

ITA 242/NAG/2023[2018-19]Status: DisposedITAT Nagpur09 Sept 2024AY 2018-19

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

For Appellant: Shri Mani JainFor Respondent: Shri Kailash C. Kanojiya
Section 139Section 142(1)Section 143(2)

195 ITR 877), while dealing with the question as to whether the allowance received by the assessee under the Huzur order dated April 8, 1947 which was ratified subsequently post-merger of the territories vide Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 held that the capital receipt is not income within the meaning of section

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

ITA 349/NAG/2024[2016-17]Status: DisposedITAT Nagpur22 Oct 2024AY 2016-17

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 263(2)

2,81,33,000/- included in the Work-in-progress of Rs. 15,64,07,053/- shown in the P&L account. (iv) verification of disallowance u/s 40a(ia) of the Act." 11. We find that the issues on which re–assessment order was passed under section 143(3) r/w section 147 of the Act and the issues on which

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

ITA 350/NAG/2024[2017-18]Status: DisposedITAT Nagpur22 Oct 2024AY 2017-18

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 263(2)

2,81,33,000/- included in the Work-in-progress of Rs. 15,64,07,053/- shown in the P&L account. (iv) verification of disallowance u/s 40a(ia) of the Act." 11. We find that the issues on which re–assessment order was passed under section 143(3) r/w section 147 of the Act and the issues on which

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

In the result, Revenue’s appeal is dismissed

ITA 176/NAG/2016[2011-12]Status: DisposedITAT Nagpur15 May 2025AY 2011-12

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

For Appellant: Shri Sachin V. LuthraFor Respondent: Harshad S. Vengurlekar
Section 10(34)Section 10(35)Section 132Section 139(1)Section 143(3)Section 153ASection 24

195 Rs.47,18,180 Disallowance at 20% ` 9,43,636 ` 6,46,05,741 Loan from Shree Agarwal Coal India P.Ltd. treated (After Rectifi- (viii) as dividend u/s 2(22)(e) cation: ` 6,49,70,741 Loan from Mansa Agro Food Processing P. Ltd ` 3,65,000 (ix) treated dividend u/s 2 (22)(e) The deposits with bank treated

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

In the result, appeal of the Revenue stands dismissed

ITA 411/NAG/2019[2015-16]Status: DisposedITAT Nagpur25 Feb 2025AY 2015-16

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Sandipkumar Salunke
Section 10(38)Section 68

disallowance under section 14A at ` 9,88,570, though the assessee is not liable for the same. Being aggrieved, the assessee carried the matter before the first appellate authority. 6. During the proceedings before the learned CIT(A), the assessee made a detailed submission before the CIT(A), which was recorded by the learned CIT(A) in its impugned order

VAISHALI ARVIND TAYADE,NAGPUR vs. INCOME TAX OFFICER, WARD-5, AMARAVATI

In the result, assessee’s appeal stands allowed

ITA 374/NAG/2022[2018-2019]Status: DisposedITAT Nagpur21 Mar 2025AY 2018-2019

Bench: Shri V. Durga Rao

For Appellant: Shri Rachit ThakarFor Respondent: Shri Sandipkumar Salunke
Section 80C

section 80C (LIC/PPF) was disallowed. The Assessing Officer has also disallowed the interest paid on borrowed capital amounting to ` 3 Vaishali Arvind Tayade ITA no.374/Nag./2022 78,540, aggregating to the total disallowance of ` 1,22,310. Consequent upon passing of the assessment order by the Assessing Officer, the assessee filed appeal before the first appellate authority. 5. The learned

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

In the result, appeal filed by the assessee for A

ITA 3/NAG/2024[2012-13]Status: DisposedITAT Nagpur23 Sept 2024AY 2012-13

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

For Appellant: Shri R.K. GaneriwalFor Respondent: Shri Abhay Y. Marathe
Section 201Section 201(1)Section 201(3)

2. The order passed by AO is TDS demand is time barred as per section 201(3) the Financial Act, 2012. 3. The non–deduction TDS and interest thereon u/s 201(1) and 201(1A) on share application money of Rs.55,89,527/- amounting to Rs.22,45,596/- is incorrect, illegal, bad in law and without natural justice

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

In the result, appeal filed by the assessee for A

ITA 4/NAG/2024[2013-14]Status: DisposedITAT Nagpur23 Sept 2024AY 2013-14

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

For Appellant: Shri R.K. GaneriwalFor Respondent: Shri Abhay Y. Marathe
Section 201Section 201(1)Section 201(3)

2. The order passed by AO is TDS demand is time barred as per section 201(3) the Financial Act, 2012. 3. The non–deduction TDS and interest thereon u/s 201(1) and 201(1A) on share application money of Rs.55,89,527/- amounting to Rs.22,45,596/- is incorrect, illegal, bad in law and without natural justice

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(2), NAGPUR vs. AJAY VISHANDAS KAMNANI, NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 88/NAG/2023[2020-21]Status: DisposedITAT Nagpur02 Sept 2024AY 2020-21

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

For Appellant: Shri Himesh DemleFor Respondent: Shri Kailash C. Kanojiya
Section 143(2)Section 143(3)Section 153ASection 69C

195,373,746 7,129,964 3.65 2019–20 184,148,206 187,714,155 6,372,490 3.39 2018–19 221,608,352 241,335,770 3,876,403 1.61 2017–18 299,875,854 318,192,577 2,610,609 0.82 2016–17 244,759,142 246,745,822 2

VGI MARKETING DIVISION,AKOLA vs. INCOME TAX OFFICER, WARD - 3, AKOLA

In the result, appeal by the assessee stands dismissed

ITA 309/NAG/2023[2011-12]Status: DisposedITAT Nagpur21 Mar 2025AY 2011-12

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

For Appellant: Shri Shubham JainFor Respondent: Shri Sandipkumar Salunke
Section 133(6)Section 263Section 69C

Section 69C of the Act and pointed out that once it is established that the expenditure is unexplained/bogus, the entire amount of bogus expenditure is to be added to the total income of the assessee. Reliance was placed on the decision of the Hon'ble Supreme Court in N.K.Proteins Vs. DCIT [2017] 84 taxmann.com 195(SC). Further, the PCIT pointed

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2, NAGPUR vs. M/S SAS DEVELOPERS & ENGINEERS `, NAGPUR

In the result, the appeal filed by department is dismissed

ITA 82/NAG/2020[2015-16]Status: DisposedITAT Nagpur18 Jun 2024AY 2015-16

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

For Appellant: Shri Manoj Moriyani, AdvocateFor Respondent: Shri Surjit Kumar Saha, Sr.DR
Section 143(3)Section 24

disallowed the interest amount at Rs.2,54,91,339/- and made the total addition of Rs.2,64,54,673/-. The assessee encloses herewith details of copy of account of interest on loan which is on Page-148 to 150 of the Paper Book. The assessee also encloses herewith interest certificate of Tata Capital Financial Services Ltd., which is on Page

VINIT VISHWASRAO HINGANKAR,AKOLA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE AKOLA

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

ITA 105/NAG/2025[2015-2016]Status: DisposedITAT Nagpur16 Oct 2025AY 2015-2016

Bench: Shri Pavan Kumar Gadalevinit Vishwasrao Hingankar, Laxmi Nagar, Gorakshan Road Akola -444 004, ……………. Appellant Maharashtra. Pan – Aaeph6982N V/S Acit, Aayakar Bhavan,Murtizapur Road, ……………. Respondent Akola,-444001, Maharashtra. Assessee By:Smt.Veena Agrawal, A.R. Revenue By :Shri Surjit Kumar Saha, Sr.Dr

For Appellant: Smt.Veena Agrawal, A.RFor Respondent: Shri Surjit Kumar Saha, Sr.DR
Section 194A

2) and u/sec142(1) of the Act are issued on 17/08/2016. In compliance, the Ld.AR of the assessee appeared from time to time and filed the details and information supporting the return of income filed. The Assessing Officer, on perusal of the financial statements find that the assessee in respect of two unsecured creditors paid interest of Rs.5400/- and Rs.7

M/S. BELLEZZA (INDIA) PVT. LTD.,,NAGPUR vs. ACIT, CIRCLE- 2,, NAGPUR

In the result, appeal of the Assessee is Partly Allowed

ITA 74/NAG/2015[2009-10]Status: DisposedITAT Nagpur13 Jan 2023AY 2009-10

Bench: S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.74/Nag/2015 िनधा"रण वष" / Assessment Year : 2009-10 M/S.Bellazza (India) Pvt. Ltd., The Acit, Circle-2, Lg-3, Achraj Tower-Ii, Vs Nagpur. Chhaoni Chowk, Chhindwara Road, Nagpur – 13. Pan: Aaccb 4029 M Appellant/ Assessee Respondent /Revenue Assessee By Shri S.C.Thakar – Ar Revenue By Shri G.J.Ninawe - Dr Date Of Hearing 17/11/2022 Date Of Pronouncement 13/01/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Nagpur Dated 05.11.2014 Emanating From The Order Of Acit(Ao) Dated 30.12.2011 Passed Under Section 143(3) Of The Act,1961. The Assessee Has Raised The Following Grounds Of Appeal: “1] A.C.I.T. Erred In Rejecting The Audited Books Of Account & Estimated Income @ 5% Of Total Receipts & Also Adding Additional Income Of Rs.30 Lacs To The Returned Income. Learned C.I.T.(A) Has Confirm The Addition Without Any Basis. 2] Learned C.I.T.(A) & A.C.I.T. Erred In Not Accepting The Assessee’S Various Submission & Supporting Documents Filed By The

Section 133ASection 143(3)Section 37

2. Brief facts: The assessee company has filed return of income for the A.Y. 2009-10 on 30.09.2009 showing total income at Rs.30,09,760/-. As per the assessment order, assessee has a chain of beauty salon in different cities of India. There was a survey under section 133A of the Act at various premises of the assessee company during