DEPUTY COMMISSIONER OF INCOME TAX, VIJAYAWADA vs. NS HEALTHCARE SERVICES PRIVATE LIMITED, VIJAYAWADA

In the results, appeals filed by the revenue in ITA Nos

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Ble

disallowed a sum of Rs.84,01,369/- as not allowable u/s.40A(3) of the Act. This sum of Rs.84,01,369/- also includes an amount of Rs.45,08,215/- which is inadmissible expenses u/s.37 of the Act. First, we will decide upon the issue involved in the sum of Rs.45,08,215/- which was added as inadmissible u/s.37

DEPUTY COMMISSIONER OF INCOME TAX, VIJAYAWADA vs. NS HEALTHCARE SERVICES PRIVATE LIMITED, VIJAYAWADA

In the results, appeals filed by the revenue in ITA Nos

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Ble

disallowed a sum of Rs.84,01,369/- as not allowable u/s.40A(3) of the Act. This sum of Rs.84,01,369/- also includes an amount of Rs.45,08,215/- which is inadmissible expenses u/s.37 of the Act. First, we will decide upon the issue involved in the sum of Rs.45,08,215/- which was added as inadmissible u/s.37

NS HEALTHCARE SERVICES PRIVATE LIMITED,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VIJAYAWADA

In the results, appeals filed by the revenue in ITA Nos

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Ble

disallowed a sum of Rs.84,01,369/- as not allowable u/s.40A(3) of the Act. This sum of Rs.84,01,369/- also includes an amount of Rs.45,08,215/- which is inadmissible expenses u/s.37 of the Act. First, we will decide upon the issue involved in the sum of Rs.45,08,215/- which was added as inadmissible u/s.37

NS HEALTHCARE SERVICES PRIVATE LIMITED,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, VIJAYAWADA

In the results, appeals filed by the revenue in ITA Nos

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Ble

disallowed a sum of Rs.84,01,369/- as not allowable u/s.40A(3) of the Act. This sum of Rs.84,01,369/- also includes an amount of Rs.45,08,215/- which is inadmissible expenses u/s.37 of the Act. First, we will decide upon the issue involved in the sum of Rs.45,08,215/- which was added as inadmissible u/s.37

NS HEALTHCARE SERVICES PRIVATE LIMITED,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, VIJAYAWADA

In the results, appeals filed by the revenue in ITA Nos

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Ble

disallowed a sum of Rs.84,01,369/- as not allowable u/s.40A(3) of the Act. This sum of Rs.84,01,369/- also includes an amount of Rs.45,08,215/- which is inadmissible expenses u/s.37 of the Act. First, we will decide upon the issue involved in the sum of Rs.45,08,215/- which was added as inadmissible u/s.37

NS HEALTHCARE SERVICES PRIVATE LIMITED,VIJAYAWADA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, VIJAYAWADA

In the results, appeals filed by the revenue in ITA Nos

Bench: Shri Veeravalli Durga Rao, Hon’Ble & Shri S Balakrishnan, Hon’Ble

disallowed a sum of Rs.84,01,369/- as not allowable u/s.40A(3) of the Act. This sum of Rs.84,01,369/- also includes an amount of Rs.45,08,215/- which is inadmissible expenses u/s.37 of the Act. First, we will decide upon the issue involved in the sum of Rs.45,08,215/- which was added as inadmissible u/s.37

THE GUNDUGOLANU LARGE SIZE COOPERATIVE SOCIETY LIMITED ,GUNDUGOLANU vs. NFAC, DELHI

disallowance of deduction under section\n80P(2)(a)(i) of the Act on the income earned from activity of providing credit to\nassociate / nominal members. On this issue, Ld. Authorised Representative\n[hereinafter “Ld.AR"] submitted that the total list of members has been\nprovided before Ld. CIT(A), Ld. CIT(A) observed and directed the Ld. AO to\nallow deduction

DEPUTY COMMISSIONER OF INCOME TAX, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD, GUNTUR

disallowance of such expenditure goes against the\nprinciples.\n40. The Ld. CIT(A) ought to have considered the decisions Of Hon'ble\nBombay High Court in the case of PCIT Ganesh Developers in ITA No.719\nof 2018 and PCIT Vs. Kanak Impex (India) Ltd. in ITA NO.791 Of 2021 and\nthe decision of Hon'ble Calcutta High Court

THE ETIKOPPAKA COOP AGRICULTURAL INDUSTRIAL SOCIETY LIMITED,VISAKHAPATNAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1),, VISAKHAPATNAM

In the result, appeal of the assessee is allowed

Bench: Shri Duvvuru R L Reddy, Hon’Ble & Shri S. Balakrishnan, Hon'Ble

disallowance could be made in view of the provisions of Section 43B as amended by Finance Act, 2003. 6. In the present case, the assessee had remitted the employees contribution beyond the due date for payment, but within the due date for filing the return of income. Hence, following the above said decisions, we find no reason to differ with

SANTOSH AGRAWAL,CHATTISGARH vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRLCE-1, VISAKHAPATNAM

215] and argued that sworn statement shall also constitute\nincriminating material. Ld. DR also relied on the decision of the Hon'ble\nSupreme Court in the case of Bannalal Jat Constructions P. Ltd., v. ACIT\n[(2019) 106 Taxmann.com 128 (SC)]. Ld. DR also submitted that the\nLd.CIT(A) erred in appreciating the procedural defects in issue of shares

ASHOK KUMAR AGRAWAL,VISAKHAPATNAM vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, VISAKHAPATNAM

215] and argued that sworn statement shall also constitute\nincriminating material. Ld. DR also relied on the decision of the Hon'ble\nSupreme Court in the case of Bannalal Jat Constructions P. Ltd., v. ACIT\n[(2019) 106 Taxmann.com 128 (SC)]. Ld. DR also submitted that the\nLd.CIT(A) erred in appreciating the procedural defects in issue of shares

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD., GUNTUR

disallowance of such expenditure goes against the\nprinciples.\n40. The Ld. CIT(A) ought to have considered the decisions Of Hon'ble\nBombay High Court in the case of PCIT Ganesh Developers in ITA No.719\nof 2018 and PCIT Vs. Kanak Impex (India) Ltd. in ITA NO.791 Of 2021 and\nthe decision of Hon'ble Calcutta High Court

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, VISAKHAPATNAM vs. ATR WAREHOUSING PRIVATE LIMITED, VISAKHAPATNAM

In the result, appeal of the Revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble

215 wherein it was held that the assessment proceedings generated by issuance of notice under section 153A(1)(a) can be concluded against interest of assessee including making additions even without any incriminating material being available against assessee in search under section 132 on basis of which notice was issued under section 153A(1)(a)- Held

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, VISAKHAPATNAM vs. ATR WAREHOUSING PRIVATE LIMITED, VISAKHAPATNAM

In the result, appeal of the Revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble

215 wherein it was held that the assessment proceedings generated by issuance of notice under section 153A(1)(a) can be concluded against interest of assessee including making additions even without any incriminating material being available against assessee in search under section 132 on basis of which notice was issued under section 153A(1)(a)- Held

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , VISAKHAPATNAM vs. ANUMOLU TIRUPATI RAYUDU(HUF),, VISAKHAPATNAM

In the result, appeal of the Revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Ble

215 wherein it was held that the assessment proceedings generated by issuance of notice under section 153A(1)(a) can be concluded against interest of assessee including making additions even without any incriminating material being available against assessee in search under section 132 on basis of which notice was issued under section 153A(1)(a)- Held

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUNTUR vs. VENKATRAMA POULTRIES PVT. LTD., GUNTUR

disallowance of such expenditure goes against the\nprinciples.\n40.\nThe Ld. CIT(A) ought to have considered the decisions Of Hon'ble\nBombay High Court in the case of PCIT Ganesh Developers in ITA No.719\nof 2018 and PCIT Vs. Kanak Impex (India) Ltd. in ITA NO.791 Of 2021 and\nthe decision of Hon'ble Calcutta High Court

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUNTUR vs. VENKATRAMA POULTRIES PVT LTD, GUNTUR

disallowance of such expenditure goes against the\nprinciples.\n40.\nThe Ld. CIT(A) ought to have considered the decisions Of Hon'ble\nBombay High Court in the case of PCIT Ganesh Developers in ITA No.719\nof 2018 and PCIT Vs. Kanak Impex (India) Ltd. in ITA NO.791 Of 2021 and\nthe decision of Hon'ble Calcutta High Court

WALTAIR TRADERS,VISAKHAPATNAM vs. NEAC, DELHI

disallowance of expenses claimed\ntowards handling charges amounting to Rs. 3,39,675/-.\n8. For these and other reasons that are to be urged at the time of\nhearing it is the prayer of the assessee before the Hon'ble bench that the\nadditions /disallowance made by Assessing Officer and confirmed by\nCIT(A) may please be deleted