HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX WARD-1, WARDHA

In the result, appeal by the assessee for A

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

section 139. If notice u/s 148 of the Act would not have been issued to the assessee, assessee would not have filed return the income as stated above would have bee escaped from tax. Therefore assessee was not eligible for deduction u/s 80P of Rs. 53,72,108/- as claimed in the return. Addition: Rs. 53,72

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX OFFICER WARD-1, WARDHA

In the result, appeal by the assessee for A

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

section 139. If notice u/s 148 of the Act would not have been issued to the assessee, assessee would not have filed return the income as stated above would have bee escaped from tax. Therefore assessee was not eligible for deduction u/s 80P of Rs. 53,72,108/- as claimed in the return. Addition: Rs. 53,72

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX OFFICER WARD-1, WARDHA

In the result, appeal by the assessee for A

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

section 139. If notice u/s 148 of the Act would not have been issued to the assessee, assessee would not have filed return the income as stated above would have bee escaped from tax. Therefore assessee was not eligible for deduction u/s 80P of Rs. 53,72,108/- as claimed in the return. Addition: Rs. 53,72

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

disallowance made under section 14A of the Act. The assessee 3 M/s. Vibrant Global Capital Ltd. ITA no.229/Nag./2022 has not preferred any appeal against the addition upheld by learned CIT(A). The Revenue has preferred appeal in respect to additions deleted in the appeal of the assessee and are enumerated in the grounds of appeal reproduced above

HINGANGHAT NAGRI SAHAKARI PAT SANSTHA,HINGANGHAT vs. INCOME TAX WARD-1, WARDHA

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

section 139. If notice u/s 148 of the Act would not have been issued to the assessee, assessee would not have filed return the income as stated above would have bee escaped from tax. Therefore assessee was not eligible for deduction u/s 80P of Rs. 53,72,108/- as claimed in the return. Addition: Rs. 53,72

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

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

disallowance of exemption under section 10(38) of the Act was directed to be deleted. The relevant portion of the findings of the learned CIT(A), vide Page-14 to 38, of the impugned order are hereby reproduced herein below for ready reference:-"7 Ground Nos. 2 To 9 : The appellant has challenged the addition made

ASSISTANT COMMISSIONER OF INCOME TAX CENT CIRCLE -1(3), NAGPUR vs. RADHIKA METALS AND MINERALS, VIZIANAGARAM

In the result, appeal filed by the Revenue is dismissed

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

disallowance of ` 98,72,370, towards contractor on account of work executed by 5 different labour contractors under section 69C r/w section

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

disallowance of ` 72,32,292, under section 57 of the Act is concerned, the Assessing Officer observed that the assessee

DOCTOR PUNJABRAO DESHMUKH KRUSHI VIDYAPEETH KARAMCHARI PAT SANSTHA MRYAT ,AKOLA vs. INCOME TAX OFFICER, WARD-1, AKOLA

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

disallowed the appellant's claim of deduction u/s 80P in its entirety amounting to Rs.1,72,19,933/- at the threshold itself in view of provisions of section

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

section 143(3) of the Act on 20/12/2017, assessing total income at ` 10,72,30,120 after making addition on account of disallowance

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

section 143(3) of the Act on 20/12/2017, assessing total income at ` 10,72,30,120 after making addition on account of disallowance

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

section 143(3) of the Act on 20/12/2017, assessing total income at ` 10,72,30,120 after making addition on account of disallowance

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. In view of the above amount of ` 21,72,200, was disallowed by the Assessing

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 s. 14A was not sustainable. In view of the fact claim made by the assessee is true and correct and same may kindly be allowed.” 7. We have heard the rival contention of both the parties; perused material placed on record and duly considered the facts of the case in the 17 Shri Nandkumar Khatumal Harchandani ITA no.410/Nag

DY. C.I.T. CENTRAL CIR.-1(3), NAGPUR vs. M/S SPACEWOOD FURNISHERS PVT. LTD , NAGPUR

In the result, Revenue’s appeal is dismissed

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

disallowance of prior-period expenses of Rs.17,65,162/- cannot be subject matter of rectification under section 154 of the Act. Therefore, the AO is directed to delete the addition of Rs.17,65,162/-. Therefore, Ground Nos. 1, 2 and 4 are allowed.” 5. Having heard the rival arguments and on a perusal of the material available on record

POLICE KARMACHARI SAHAKARI PAT SANSTHA GONDIA,GONDIA vs. INCOME TAX OFFICER WARD -2, GONDIA

In the result, appeal by the assessee stands allowed

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

Disallowance made under sec. 80P) Total income shown by the assessee ` 72,09,175 Assessed Income ` 72,09,175 7. Once gross total income is income from business and profession, the nature of activity of the assessee is never shrouded with doubt, it is a natural corollary that concomitant deduction under section

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

Bench: Shrisandeepgosain & Shriarunkhodpia

Section 143 of the Act, the AO is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. There must be something more than mere suspicion in support of any disallowance of expenditure. In this peculiar fact the AO was not justified in estimating the 29 Smt. AanjuSaraf disallowance

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

Bench: Shrisandeepgosain & Shriarunkhodpia

Section 143 of the Act, the AO is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. There must be something more than mere suspicion in support of any disallowance of expenditure. In this peculiar fact the AO was not justified in estimating the 29 Smt. AanjuSaraf disallowance