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

section 40A(3), therefore order passed is unjustified, unwarranted and excessive. 2 Shri Karim Kamruddin Malik 3. 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. 1,53,976/- disallowing

ASSTT. CIT CENTRAL CIRCLE-1(1), NAGPUR vs. SMT. JOTI SURESH BAJORIA , NAGPUR

In the result, appeal of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.151/Nag/2018 िनधा"रण वष" / Assessment Year : 2013-14 The Assistant Smt. Jyoti Suresh Bajoria, Commissioner Of Income V 402/403, Jagat Plaza, Law Tax, Circle-1(1), S College Square, Amravati Nagpur. Road, Nagpur – 440010. Pan: Abrpb2740G Appellant / Revenue Respondent /Assessee Assessee By Shri Kapil Sharma– Ar Revenue By Shri Kailash Kanojiya – Dr Date Of Hearing 28/08/2023 Date Of Pronouncement 31/08/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue I.E.Acit, Circle-1(1), Nagpur Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-3, Nagpur Dated 26.03.2018 Emanating From The Assessment Order Under Section 143(3) R.W.S 153A Income Tax Act, 1961 (In Short “The Act”). The Revenue Has Raised Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, Smt. Jyoti Suresh Bajoria [R]

disallowance under section 40A(3) as assessee has made certain purchases in cash in violation of section 40A(3). Aggrieved

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

In the result, appeal filed by the Revenue is dismissed

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

3. Facts in Brief:– The assessee respondent filed its return of income for the year under consideration on 29/09/2013, disclosing total loss of ` 1,98,082. The return of income was processed under section 143(1) of the Act and subsequently, the case was selected for scrutiny through CASS and the Assessing Officer, while completing the assessment, disallowance under section

ACIT,CIR-8,, NAGPUR vs. SHRI ROSHANLAL RAMDEO JAISWAL,, GONDIA

In the result, Revenue’s appeal is ordered to be dismissed

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

3 Shri Roshanlal Ramdeo Jaiswal filed. The assessment was completed after making various disallowances and assessing the income to the tune of ` 1,39,05,095. The assessee was not satisfied, therefore, the assessee filed an appeal before the learned Commissioner (Appeals) who deleted the addition made by the Assessing Officer on account of disallowance under section 40A

ASSTT.CIT,CIR-8, NAGPUR vs. PRAKASH RAMDEO JAISWAL, GONDIA

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

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

section 40A(3) of the Act. Before going further, it would be 4 Shri Prakash Ramdeo Jaiswal necessary to advert the finding of the learned Commissioner (Appeals), on this issue. “4.0 Ground No.2 : This ground is regarding disallowance

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

In the result, the appeal of the revenue is dismissed

3) and held that no disallowance under section 40A(3) can be made. The\nId. CIT(A) also recorded the fact

SHRI KISHORE SOMDATTA SHUKLA ,AKOLA vs. INCOME TAX OFFICER WARD -3, AKOLA

Appeal is allowed in above terms

disallowance made by the Assessing Officer and confirmed by the Ld. CIT(A) under section 40A(3) of the Act.” 5 3

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

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

40A(3) of the I.T.Act, 1961 respectively.” 3. It is clarified that the Revenue has raised the issue for contravention of provision of section 194C for making disallowance

LOKMANYA TILAD JANAKALYA SHIKSHAN SANSTHA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -2, NAGPUR

In the result, this appeal by the assessee stands partly allowed

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

40A(2a) of the Act. Learned CIT(Appeals) has rightly observed that restriction is applicable to those amounts which have been applied directly or indirectly for the benefit of any person referred to in sub-section (3) of the Act. It will not lead to any conclusion that assessee would loose its charity status. In other words if a small

AJAZ AHMAD,AKOLA vs. INCOME TAX OFFICER, WARD-1, AKOLA

In the result, appeal by the assessee is allowed

Bench: Shri V. Durga Rao

section 40A(3) of the Act. These six persons, besides being Cultivator are Agents of Cultivators, the assessee furnished affidavits of four persons confirming same facts. Affidavits of 2 persons were not available immediately, so the Assessing Officer disallowed

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

disallowed the amount of ` 24 lakh under section 40A(3) and also disallowed rent expenditure to the tune of ` 9,60,000 and assessed

ALEXIS MULTI SPECIALITY HOSPITAL PVT. LTD,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGLORE

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

Bench: Shri V. Durga Rao

disallowance of expense u/s. 40A(3) being amount in excess of twenty thousand rupees paid in a day otherwise than by account payee cheque / account payee bank draft of Rs.1,43,866/-: 4:1 The CPC-Bangalore/Assessing Officer has erred in making an adjustment to the returned income of the Appellant in spite of the clarifications being provided

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

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

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

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

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

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

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

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

ROSHAN RAMDEO JAISWAL,GONDIA vs. ASSTT.COMMISSIONER OF INCOME TAXCIRCLE-8, NAGPUR

In the result, the appeal of the Revenue and the assessee and the cross-objection of the assessee are disposed of in terms indicated above

Bench: Shri G.D. Agrawal & Shri Mahavir Singh

disallowed the purchase of sim cards and recharge coupons payments made in contravention of Section 40A(3) amounting to `1,48,02,811/-. Aggrieved

ACIT, CIR-8, NAGPUR vs. ROSHANLAL RAMDEO JAISWAL,, GONDIA

In the result, the appeal of the Revenue and the assessee and the cross-objection of the assessee are disposed of in terms indicated above

Bench: Shri G.D. Agrawal & Shri Mahavir Singh

disallowed the purchase of sim cards and recharge coupons payments made in contravention of Section 40A(3) amounting to `1,48,02,811/-. Aggrieved

BHANDARKAR JEWELLERS ,NAGPUR vs. INCOME TAX OFFICE WARD 1(1), NAGPUR

Appeal is allowed in above terms

Bench: Shri S. S. Godaraआयकर अपील सं. / Ita No.60/Nag/2019 िनधा"रण वष" / Assessment Year: 2013-14 Bhandarkar Jewellers, Vs. Ito, Ward- 1(1), Nagpur. Shop No.1, Jyeshta Apartments, Ring Road, Bhamti Parsodi, Nagpur- 440022. Pan : Aaifb4042M 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 2013-14 Arises Against The Cit(A)-1, Nagpur’S Order Dated 20.12.2018 Passed In Case No. Cit(A)-1/60/2016-17, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short “The Act”. Case Called Twice. None Appears At Assessee’S Behest. It Is Accordingly Proceeded Ex-Parte. 2. It Is Noticed With The Able Assistance From The Revenue Side That The Assessee’S Sole Substantive Grievance Challenges Correctness Of Both The Learned Lower Authorities’ Action Disallowing Interest

section 40A(3) disallowance of 3 Rs.7,62,973/- in very terms. The assessee succeeds in its sole substantive grievance

ASSISTANT COMISSIONER CENTRAL CIRCLE 1(3), NAGPUR vs. M/S SHRIGOPAL RAMESHKUMAR SALES PVT. LTD , NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

section 40A(3) so as to warrant any disallowance under those heads as per law. 18. That with respect to the addition