M/S UNIJULES LIFE SCIENCES LTD.,NAGPUR vs. ACIT CENTRAL CIRCLE-2(1), NAGPUR

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

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

disallowance of bad debts written off debited to the Profit & Loss Account which is illegal, and which deserves to be deleted as per law. 8) The Appellant craves leave to add, amend, alter, vary and / or withdraw the above ground of appeal with the kind permission of the Hon'ble Tribunal.” 3. When this appeal was called for hearing

CHANDRAKANT SUBHASHRAO THAKARE, HUF,WASHIM vs. ASSISTANT COMMISSIONER OF INCOME TAX, AKOLA CIRCLE, WASHIM

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.23/Nag/2023 िनधा"रण वष" / Assessment Year : 2014-15 Chandrakant Subhashrao The Assistant Thakare –Huf, V Commissioner Of Income Sohan Autobikes, Near S Tax, Circle Akola. Railway Gate, Pusad Naka Washim – 444505. Pan: Aabhc6338Q Appellant/ Assessee Respondent/Revenue Assessee By Shri Sachin Jaiwal – Advocate-Ar Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 01/03/2024 Date Of Pronouncement 01/03/2024 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(Appeal)[Nfac] Dated 06.12.2022 For A.Y.2014-15. The Grounds Of Appeal Raised By The Assessee Are As Under : “1. Hon'Ble Cit (Appeal) Erred In Dismissing Appeal. 2. Hon'Ble A.O. Erred In Disallowance Of Workshop Chandrakant Subhashrao Thakare-Huf [A]

disallows expenditure & added back to income without giving show cause notice & opportunity to be heard. 4. Hon'ble A.O. ignores the evidences i.e. Ledger, Bills & Vouchers. 5. Entire Judgment passed by A.O. is baseless & bad in law. 6. Any other ground shall be prayed at the time of hearing.” Submission of ld.Authorised Representative(ld.AR) : 2. The ld.Authorised Representative(ld.AR

M/S. UNIJULES LIFE SCIENCES LTD.,NAGPUR vs. ASSISTNAT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.45/Nag/2023 िनधा"रण वष" / Assessment Year : 2012-13 M/S.Unijules Life Sciences The Assistant Ltd., V Commissioner Of Income B-35/36, Midc, S Tax, Central Circle-2(1), Kamleshwar, Nagpur. Nagpur – 441501 Pan: Aaacu8032D Appellant / Assessee Respondent / Revenue Assessee By Shri Kapil Hirani – Adv.-Ar Revenue By Shri Kailash C. Kanojiya – Cit-Dr Date Of Hearing 27/03/2024 Date Of Pronouncement 28/03/2024 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)-3, Nagpur Under Section 250 Of The Act, Dated 08.11.2011 For The A.Y.2012-13 Emanating From The Order Under Section 153A R.W.S 143(3) Of M/S.Unijule Life Sciences Ltd., [A]

disallowed. 4) Any other additional point can be taken at any later point of time.” 2.2 Thus, the assessee had made certain averments in the grounds of appeal and in the statement of facts filed before the ld.CIT(A0. Assessee had also relied on certain case laws. However, the ld.CIT(A) has not bothered to discuss any of the averments

M/S. UNIFUES LIFE SCIENCES LTD.,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,, NAGPUR

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.419/Nag/2022 िनधा"रण वष" / Assessment Year : 2011-12 M/S.Unijules Life Sciences The Assistant Ltd., V Commissioner Of Income B 35/36, Midc Kalmehwar, S Tax, Central Circle-2(1), Nagpur – 441501. Nagpur. Pan: Aaacu8032D Appellant/ Assessee Respondent/Revenue Assessee By None. Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 27/02/2024 Date Of Pronouncement 28/02/2024 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)-3, Nagpur Under Section 250 Of The Income Tax Act, 1961 Dated 08.11.2021 Emanating From The Order Under Section 153A R.W.S 143(3) Of The Act, 1961 Dated 30.03.2016. The Grounds Of Appeal Raised By The Assessee Are As Under : M/S.Unijules Life Sciences Ltd., [A]

disallowance of depreciation on purchase of assets allegedly held bogus which is illegal, and which deserves to be deleted as per law. 7) On the facts and circumstances of the case and in law, the 2 M/s.Unijules Life Sciences Ltd., [A] assessment being a case of unabated assessment, the additions to the extent not emanated from incriminating material found during

DY. C.I.T. CIR-.5, NAGPUR vs. M/S AVANTHA HOLDINGS LTD.,, CHANDRAPUR

In the result, appeal filed by the assessee is dismissed

disallowances made by the AO of premium on zero percent fully redeemable non-convertible marketable debentures of Rs. 66.73 crore without appreciating the fact that the same does not amount to the expenditure. Since it is not at all payable by the assessee on ZCNCD. Secondly, since this premium amount was not claimed in return of income as per decision

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

disallowance of claimed deduction u/s 36(1)(viii) of the Act related to 20% of the interest received on agricultural advance for more than five years (completing all the conditions that were required for allowing the deduction and) as it is not found to be sustainable in facts of the case and in law. 5.2.3 However, in the written reply

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

disallowance of claimed deduction u/s 36(1)(viii) of the Act related to 20% of the interest received on agricultural advance for more than five years (completing all the conditions that were required for allowing the deduction and) as it is not found to be sustainable in facts of the case and in law. 5.2.3 However, in the written reply

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

disallowance of claimed deduction u/s 36(1)(viii) of the Act related to 20% of the interest received on agricultural advance for more than five years (completing all the conditions that were required for allowing the deduction and) as it is not found to be sustainable in facts of the case and in law. 5.2.3 However, in the written reply

AVANTHA HOLDINGS LIMITED,NEW DELHI vs. A.C.I.T. CIR-5,, NAGPUR

In the result, appeal filed by the assessee is dismissed

disallowances made by the AO of premium on zero percent fully redeemable non-convertible marketable debentures of Rs. 66.73 crore without appreciating the fact that the same does not amount to the expenditure. Since it is not at all payable by the assessee on ZCNCD. Secondly, since this premium amount was not claimed in return of income as per decision

ANIRUDHA HARIHAR MANDAL,NAGPUR vs. ITO WARD 4(4), , NAGPUR

The appeal of the assessee is allowed for statistical purposes

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 390/Nag/2023 निर्धारण वषा / Assessment Year : 2020-21 Anirudha Harihar Mandal 335, New Nandanwan, Nagpur-440009 Pan: Agopm9294J . . . . . . . अपीलार्थी / Appellant

disallowance of other expense etc. Whereas, in an appeal, the Ld. NFAC confirmed these additions ex-parte for non-prosecution of appeal by the appellant assessee. 4. Without going into the merits of the case, at the outset we note that, in absence of cogent evidential material, submission and non-compliance by the appellant, in the evince of restriction placed

RAVINDRA MADANLAL KHANDELWAL,AKOLA vs. DCIT/ACIT CIRCLE , AKOLA

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

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

disallowed. 4.9 This jurisprudence was further explained in the recent judgment of the Jaipur Tribunal in case of Shri Kailash Chand Soni V/s ACIT (ITA NO.960/JP/2019) where in it was held that- “Para 14 :- We are of the view that it is not necessary that the expenditure incurred must have been obligatory; it is enough to show that the money

DEPUTY COMMISSIONER OF INCOME TAX, NAGPUR vs. AVANTHA HOLDINGS LIMITED, CHANDRAPUR

In the result, appeal filed by the assessee is dismissed

251(a) of the IT Act", "Sec. 92B of the IT Act", "Sec. 92CA of the IT Act", "Section 30 of the I.T. Act", "Sec. 40(a)(ia) of I.T. Act" ], "issues": "Disallowance

M/S. CONCRETE DEVELOPERS,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

Appeals are allowed for statistical purposes in above terms

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshali

disallowance u/s 40a(ia) of the Act was made in AY 2017-18. 3.2 Aggrieved assessee carried these matters in separate appeals before first appellate authority u/s 246A(1)(a) of the Act. While dealing with assessee’s appeals the Ld. CIT(A) provided as much as five to eight opportunities commencing from 04/06/2018 to 01/10/2021 however, the assessee

M/S. CONCRETE DEVELOPERS,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

Appeals are allowed for statistical purposes in above terms

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshali

disallowance u/s 40a(ia) of the Act was made in AY 2017-18. 3.2 Aggrieved assessee carried these matters in separate appeals before first appellate authority u/s 246A(1)(a) of the Act. While dealing with assessee’s appeals the Ld. CIT(A) provided as much as five to eight opportunities commencing from 04/06/2018 to 01/10/2021 however, the assessee

M/S. CONCRETE DEVELOPERS,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-1(3), NAGPUR

Appeals are allowed for statistical purposes in above terms

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshali

disallowance u/s 40a(ia) of the Act was made in AY 2017-18. 3.2 Aggrieved assessee carried these matters in separate appeals before first appellate authority u/s 246A(1)(a) of the Act. While dealing with assessee’s appeals the Ld. CIT(A) provided as much as five to eight opportunities commencing from 04/06/2018 to 01/10/2021 however, the assessee

M/S. CONCRETE DEVELOPERS,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTREAL CIRCEL-1(3), NAGPUR

Appeals are allowed for statistical purposes in above terms

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshali

disallowance u/s 40a(ia) of the Act was made in AY 2017-18. 3.2 Aggrieved assessee carried these matters in separate appeals before first appellate authority u/s 246A(1)(a) of the Act. While dealing with assessee’s appeals the Ld. CIT(A) provided as much as five to eight opportunities commencing from 04/06/2018 to 01/10/2021 however, the assessee

M/S. CONCRETE DEVELOPERS,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

Appeals are allowed for statistical purposes in above terms

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshali

disallowance u/s 40a(ia) of the Act was made in AY 2017-18. 3.2 Aggrieved assessee carried these matters in separate appeals before first appellate authority u/s 246A(1)(a) of the Act. While dealing with assessee’s appeals the Ld. CIT(A) provided as much as five to eight opportunities commencing from 04/06/2018 to 01/10/2021 however, the assessee

M/S. CONCRETE DEVELOPERS, NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

Appeals are allowed for statistical purposes in above terms

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshali

disallowance u/s 40a(ia) of the Act was made in AY 2017-18. 3.2 Aggrieved assessee carried these matters in separate appeals before first appellate authority u/s 246A(1)(a) of the Act. While dealing with assessee’s appeals the Ld. CIT(A) provided as much as five to eight opportunities commencing from 04/06/2018 to 01/10/2021 however, the assessee