DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2 (1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

disallowance of exemption should have been made in light of provisions of section 13(1)(c)(ii) read with section 13(3) of the Act. The relevant provisions of section 13 of the Act are reproduced below. Section 13 (1) Nothing contained in section 11 shall operate so as to exclude from the total income of the previous year

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2(1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

disallowance of exemption should have been made in light of provisions of section 13(1)(c)(ii) read with section 13(3) of the Act. The relevant provisions of section 13 of the Act are reproduced below. Section 13 (1) Nothing contained in section 11 shall operate so as to exclude from the total income of the previous year

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

43 5. Audited Financial Statement 44 – 63 6. Tax Audit Report 64 – 71 E. Satguru Enterprises Sr. Particulars Page no. no. 1. Ledger Confirmation 72 2. Relevant Period Bank Statement 73 – 86 3. ITR Acknowledgement 87 4. Computation of Income 88 5. Audited Financial Account 89 – 97 6. Tax Audit Report 98 – 107 Response submitted in respect to notice

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

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

disallowance with respect to the sales tax subsidy though claimed as “capital receipt” and deducted from the “total income” offered to tax in the return of income by the Appellant. Needless to add, the AO has dealt with the issue of sales tax subsidy vide paragraph 5 to 5.8. given at page no. 8 to 13 of the assessment order

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

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

disallowance with respect to the sales tax subsidy though claimed as “capital receipt” and deducted from the “total income” offered to tax in the return of income by the Appellant. Needless to add, the AO has dealt with the issue of sales tax subsidy vide paragraph 5 to 5.8. given at page no. 8 to 13 of the assessment order

DURGAPUR RAYATWARI COLLIERY KAMGAR SAHAKARI PAT SANSTHA,CHANDRAPUR vs. ITO WARD-2, CHANDRAPUR

In the result, appeal filed by the assessee is partly allowed

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

43,462, and lesser deduction claimed under section 80P of the Act to the tune of ` 9,84,733, even if the disallowances are made, the said disallowance shall form part of business income of the assesse society, which stands eligible to be claimed as deduction under section 80P of the Act. 18 Durgapur Rayatwari Colliery Kamgar Sahakari Pat Sanstha

DURGAPUR RAYATWARI COLLIERY KAMGAR SAHAKARI PAT SANSTHA,CHANDRAPUR vs. ITO WARD 2, CHANDRAPUR

In the result, appeal filed by the assessee is partly allowed

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

43,462, and lesser deduction claimed under section 80P of the Act to the tune of ` 9,84,733, even if the disallowances are made, the said disallowance shall form part of business income of the assesse society, which stands eligible to be claimed as deduction under section 80P of the Act. 18 Durgapur Rayatwari Colliery Kamgar Sahakari Pat Sanstha

INOCME TAX OFFICER WARD -2, BHANDARA vs. THE BHANDRARA URBAN CO-OPERATIVE BANK LIMITED , BHANDARA

In the result, the appeals filed by the Revenue stand dismissed

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

43,97,123, on account of accrued interest on NPA on due basis. Being aggrieved, the assessee filed appeal before the first appellate authority. 4. Insofar as the issue relating to disallowance of claim under section 36(1)(viia) of the Act of ` 1,94,57,134 is concerned,, the learned CIT(A) deleted the addition on account

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

43. It was least expected from the 24 Ravindra Madanlal Khandelwal ITA no.375/Nag./2024 Assessing Officer to at least verify the return of income of the lenders from their own database. Needless to say that in case of non–response, the Assessing Officer has all the powers to issue summons under section 133 of the Act and enforce attendance

SHARDA ISPAT LIMITED ,NAGPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2, NAGPUR

In the result, the appeal of assessee is allowed

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

disallowance is justified in terms of proviso to Explanation 10 of 3 ITA No. 69/NAG/2019, A.Y. 2007-08 section 43(1) of the Act. In a recent decision of this Tribunal in the case of Inox Air Products Private Limited in ITA No. 1042/PUN/2017 for A.Y. 2014-15 held when the subsidy is not granted to meet the cost

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

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

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

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

disallowance under section 14A at ₹ 15,75,789, though the assessee is not liable for the same. Being aggrieved the assessee preferred appeal before the first appellate authority.\n6. During the proceedings before the learned CIT(A), the assessee made a detailed submission which was recorded by the learned CIT(A) in its impugned order vide Page

AMARCHAND LAXMINARAYAN MANTRI,AMRAVATI vs. INCOME TAX OFFICER, WARD-3, AMRAVATI

In the result, appeal filed by the assessee for A

Bench: Shri V. Durga Rao

5 Amarchand Laxminarayan Mantri ITA no.289–290/Nag./2023 7. On the other hand, the learned Departmental Representative vehemently relied upon the order passed by the learned CIT(A) and submitted that the expenses being bogus are liable for disallowance in its entirety. 8. I have heard the arguments of the learned Departmental Representative, perused the material available on record

AMARCHAND LAXMINARAYAN MANTRI,AMRAVATI vs. INCOME TAX OFFICER, WARD-3, AMRAVATI

In the result, appeal filed by the assessee for A

Bench: Shri V. Durga Rao

5 Amarchand Laxminarayan Mantri ITA no.289–290/Nag./2023 7. On the other hand, the learned Departmental Representative vehemently relied upon the order passed by the learned CIT(A) and submitted that the expenses being bogus are liable for disallowance in its entirety. 8. I have heard the arguments of the learned Departmental Representative, perused the material available on record