HARIOM BIOTECH AGRI FARMING,NAGPUR vs. DCIT CPC BENGALURU, CPC BENGALURU KARNATAKA

In the result, appeal filed by the assessee is dismissed

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

disallowance of deduction claimed under 98[section 10AA or under any of the provisions of Chapter VI-A under the heading "C.—Deductions in respect of certain incomes", if] the return is furnished beyond the due date specified under sub-section (1) of section 139; or (vi) addition of income appearing in Form 26AS or Form 16A or Form

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

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

90,30,908 iii) Under section 80P(2)(d) 5. The assessee–society revised its claim of deduction under section 80P, during scrutiny proceeding, in following manner:– Sr. Deduction claimed u/s Amount no. i) Under section 80P(2)(a)(i) ` 34,14,217 ii) Under section 80P(2)(c)(i) NIL iii) Under section

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

90,30,908 iii) Under section 80P(2)(d) 5. The assessee–society revised its claim of deduction under section 80P, during scrutiny proceeding, in following manner:– Sr. Deduction claimed u/s Amount no. i) Under section 80P(2)(a)(i) ` 34,14,217 ii) Under section 80P(2)(c)(i) NIL iii) Under section

SANJAY SHANKARRAO JADHAO,AMRAVATI vs. ASSISTANT COMMISSIONER OF INCOME TAX, AMRAVATI CIRCLE, AMRAVATI

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy

section 801A(5) of I.T. Act 1961. 3) The learned A.O. ought to have accepted claim of deduction u/s 801A(4)(iv) of I.T. Act 1961 at Rs. 10,11,059/- as made in the return. 4) The learned CIT(A) erred in upholding the order passed by A.O. disallowing deduction as claimed u/s 801A

INCOME TAX OFFICER WARD-2, KHAMGAON, KHAMGAON vs. RENUKA OIL INDUSTRIES, KHAMGAON

In the result, Revenue’s appeal stands dismissed

Bench: Shri V. Durga Rao

90,70,349 as bogus expenditure being not supported with credible evidence and hence deduction u/s 35AD was held not allowable on such expenditure. However, as the entire claim u/s 35AD was already disallowed by AO, no separate disallowance of these expenses was done. Aggrieved by the said assessment order, the assessee preferred appeal beofore

SHRI PRAMOD NARAYANRAO GHALANI ,WARDHA vs. INCOME TAX OFFICER, WARD-1, WARDHA

In the result, appeal filed by the assessee is allowed

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

90,000. The case was re–opened for scrutiny and notice under section 148 of the Act which was issued on 22/10/2013, and the same was served on the assessee on 24/10/2013. In response to the notice under section 148, the assessee filed return of income on 20/11/2013, declaring total income at ` 4,80,280. Subsequently, notice under section

AHSAAN QURESHI,NAGPUR vs. ACIT CIRCLE-2, NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

disallowed the amount of ` 1 lakh, under section 40a(ia) of the Income Tax Act, 1961 ("the Act") as assessee failed to deduct the TDS as per provisions of section 194H of the Act. The learned CIT(A) held that the in view of the amendment made in section 40a(ia) of the Act and in section

SANJAY GULABCHAND GUPTA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-4, NAGPUR

In the result, appeal by the assessee stands dismissed

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

disallowed for above reasons. Pertinent to note is that there is no dispute regarding cost of construction of residential House Property at Rs. 2,68,73,530/-. There is no dispute that construction of residential house commenced in Asst Year 2015-16 and was completed in Asst year 2017-18. 5. Appellant takes each issue hereunder :- 1. Assessee

RAVINDRA KHANDELWAL,AKOLA vs. ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE AKOLA , 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

section 36)\(1)(iii) of the Act. 10. The Assessing Officer disallowed a part of the interest considering it as interest on capital not borrowed for the purpose of business on proportionate basis. The assessee had debited ` 34,15,880, on account of interest on unsecured loans of ` 1,81,14,226. The Assessing Officer considered 24.39 per 4 Ravindra

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 of ` 16,42,713, it is the submission of the assessee that the said amount pertains to payments made by farmers/agriculturist to the labourers directly for unloading charges without any recourse to the Assessee and as such

YOGESH NANDALAL CHANDE,CHANDRAPUR vs. ITO WARD-1, CHANDRAPUR

In the result, appeal filed by the assessee is allowed

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

90 of the Act amounting to ` 6,99,334, (i.e., 14% of the tax paid outside India). Subsequently, intimation under section 143(1) of the Income Tax Act, 1961 ("the Act") received from Central Processing Centre, Bengaluru, wherein a demand of ` 26,54,950, was raised, the details of which are as under:– i) Granting short credit

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S VEDSIDHA PRODUCTS PRIVAT LIMITED, NAGPUR

In the result, appeal filed by the Revenue is allowed

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

disallowance under section 56(2)(viib) of the Act. M/s. Vedsidha Products Pvt. Ltd. ITA no.25/Nag./2020 Share Face Premium Total Capital Share Premium issued Value Per Share 3,12,980 100 – 3,12,98,000 – 35,000 100 450 35,00,000 1,57,50,000 3,47,980 3,47,98,000 1,57,50,000 Aggrieved

INCOME TAX OFFICER , WARD -4, AMRAVATI vs. SHRI MAHESH SHANKAR SORATE , DARYAPUR

In the result, appeal filed by the Revenue is dismissed

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

90,000 05.07.2012 Cash 37. – do – 1,30,000 06.07.2012 Cash 38. – do – 1,98,080 26.07.2012 Cash 39. – do – 52,000 01.08.2012 Cash 40. – do – 1,35,000 10.08.2012 Cash 41. – do – 1,14,000 11.08.2012 Cash 42. – do – 2,50,000 21.08.2012 Cash 43. – do – 50,000 23.08.2012 Cash 44. – do – 3,50,000 23.09.2012 Cash

A,C.I.T. CENTRAL CIR.- 2(2), NAGPUR vs. SHRI DHARAMPAL R.AGRAWAL, NAGPUR

In the result, Revenue's appeal being ITA no

90,072/- made on account\nof disallowance of expenses on ad-\n16\nM/s. Shree Agarwal\nCoal India Pvt. Ltd. & Group Cases\n10. On the facts and in the circumstances of the case and in law, the learned\nCIT(A) has erred in deleting the addition of Rs. 56,12,108/- made on account\nof disallowance of interest paid

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 being ITA no

90,072/- made on account\nof disallowance of expenses on ad-\n16\nM/s. Shree Agarwal\nCoal India Pvt. Ltd. & Group Cases\n10. On the facts and in the circumstances of the case and in law, the learned\nCIT(A) has erred in deleting the addition of Rs. 56,12,108/- made on account\nof disallowance of interest paid

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 being ITA no

90,072/- made on account\nof disallowance of expenses on ad-\n16\nM/s. Shree Agarwal\nCoal India Pvt. Ltd. & Group Cases\n10. On the facts and in the circumstances of the case and in law, the learned\nCIT(A) has erred in deleting the addition of Rs. 56,12,108/- made on account\nof disallowance of interest paid

DY. C.I.T. CENTRAL CIR2(2), NAGPUR vs. M/S SHREE AGRAWAL COAL INDIA PVT. LTD.,, NAGPUR

In the result, Revenue’s appeal being ITA no

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

90,072/- made on account of disallowance of expenses on ad- 16 M/s. Shree Agarwal Coal India Pvt. Ltd.& Group Cases 10. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in deleting the addition of Rs. 56,12,108/- made on account of disallowance of interest paid