LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

MANOJ S. GUGALE,,AHMEDNAGAR vs. INCOME-TAX OFFICER,,

In the result, the appeal of assessee is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1327/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 Manoj S. Gugale 652, Shantisadan, Topkhana, अऩीऱाथी/Appellant Ahmednagar …. Pan: Adzpg9595N Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 3, Ahmednagar

TDS was already made and the receipts were reflected in the bank account statement. The learned Authorized Representative for the assessee further stated that the books of account have been maintained and the assessee has prepared Profit and Loss Account and offered ₹ 14,55,987/- as profit from business & profession. The assessee had not shown the business income

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed and the appeal of Revenue is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1176/Pun/2015 यििाारण वषा / Assessment Year : 2008-09

business premises of assessee. The case of assessee was taken up for scrutiny after issue of notice under section 153A of the Act. In response thereto, the assessee stated that it had already filed the return of income for the instant assessment year on 30.09.2008, which may be treated as filed in response to notice under section 153A

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of assessee is allowed and the appeal of Revenue is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1176/Pun/2015 यििाारण वषा / Assessment Year : 2008-09

business premises of assessee. The case of assessee was taken up for scrutiny after issue of notice under section 153A of the Act. In response thereto, the assessee stated that it had already filed the return of income for the instant assessment year on 30.09.2008, which may be treated as filed in response to notice under section 153A

M/S. HIRA ENTERPRISES,,SATARA vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.102/Pun/2015 "नधा"रण वष" / Assessment Year : 2009-10

business income of assessee; whereas, the Assessing Officer and Commissioner of Income Tax (Appeals) have treated the same as unexplained investment u/s. 69 of the Act. 16. In respect of ground No.3 of the appeal, the ld. AR contended that Authorities below have erred in disallowing Rs.9,95,840/- being interest of debit balance of partner’s capital account

M/S. HIRA ROLLER & FLOUR MILLS PVT. LTD.,,SATARA vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.102/Pun/2015 "नधा"रण वष" / Assessment Year : 2009-10

business income of assessee; whereas, the Assessing Officer and Commissioner of Income Tax (Appeals) have treated the same as unexplained investment u/s. 69 of the Act. 16. In respect of ground No.3 of the appeal, the ld. AR contended that Authorities below have erred in disallowing Rs.9,95,840/- being interest of debit balance of partner’s capital account

DCIT(IT), CIRCLE-1, PUNE, PUNE vs. EAST WEST SEEDS INDIA PRIVATE LIMITED, AURANGABAD

In the result, appeal filed by the Revenue is dismissed

TDS, and cannot be taxed as business income India in the absence of a PE in India. 3.4.11 In view

DCIT(IT), CIRCLE-1, PUNE, PUNE vs. EAST WEST SEEDS INDIA PRIVATE LIMITED, AURANGABAD

In the result, appeal filed by the Revenue is dismissed

Bench: PER DR. DIPAK P. RIPOTE (Accountant Member)

TDS, and cannot be taxed as business income India in the absence of a PE in India. 3.4.11 In view

DCIT(IT), CIRCLE-1, PUNE, PUNE vs. EAST WEST SEEDS INDIA PRIVATE LIMITED, AURANGABAD

In the result, appeal filed by the Revenue is dismissed

Bench: PER DR. DIPAK P. RIPOTE (Accountant Member)

TDS, and cannot be taxed as business income India in the absence of a PE in India. 3.4.11 In view

RENUKA GRAMIN BIGAR SHETI SAHAKARI PAT SANSTHA MARYADIT,,SOLAPUR vs. INCOME-TAX OFFICER, WARD - 2,, PANDHARPUR

In the result, the appeal of the assessee is partly allowed

Income Tax Act as he held it as expense ‘not attributable’ to the business activities of Appellant, when there are business relation with the banks. 4. The assessee society has debited an amount of Rs.16,98,600/- on account of agent’s commission. The respective agents have obtained Certificate from TDS

PRASAD RAMCHANDRA PATIL,URAN, PANVEL vs. ITO WARD 3, PANVEL, PANVEL

Accordingly, the grounds raised by the assessee are allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandra

income on the entire deposits including the receipts on which TDS was duly deducted which has resulted into double taxation. The Ld. AR filed detailed written submissions raising the following contentions and urged that the Ld. AO may be directed to re-compute the addition by applying the reasonable profit rate as may be deemed proper by the Bench. : “Submissions

PRASAD RAMCHANDRA PATIL,URAN, PANVEL vs. ITO - WARD 3, PANVEL, PANVEL

Accordingly, the grounds raised by the assessee are allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandra

income on the entire deposits including the receipts on which TDS was duly deducted which has resulted into double taxation. The Ld. AR filed detailed written submissions raising the following contentions and urged that the Ld. AO may be directed to re-compute the addition by applying the reasonable profit rate as may be deemed proper by the Bench. : “Submissions

PRASAD RAMCHANDRA PATIL,URAN, PANVEL vs. ITO WARD 3, PANVEL, PANVEL

Accordingly, the grounds raised by the assessee are allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandra

income on the entire deposits including the receipts on which TDS was duly deducted which has resulted into double taxation. The Ld. AR filed detailed written submissions raising the following contentions and urged that the Ld. AO may be directed to re-compute the addition by applying the reasonable profit rate as may be deemed proper by the Bench. : “Submissions

INCOME TAX OFFICER WARD-2, AHMEDNAGAR., AAYAKAR, BHAVAN, BEHIND NATRAJ HOTEL, AURANGABAD ROAD, AHMEDNAGAR vs. KANHUR PATHAR MULTI STATE CO-OPERATIVE CREDIT SOCIETY MARYADIT KANHUR, KANHUR DIST. AHMEDNAGAR

In the result, the appeal filed by the Revenue in ITA

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

business income but Income from Other Sources u/s 56 and not entitled to deduction u/s 80P thereon. (iv) The AO has also placed reliance upon the following judgments in his support: • Hon’ble Gujarat High Court in the case of State Bank of India(2016)72 taxmann.com 64 (Gujarat) • ITAT Bangalore in Sri Basaveshwara Credit Co-operative Society Limited