CHANDRAKUMAR MADHUSUDANJI JAJODIA,THANE vs. ASSISTANT COMMISSIONER OF INCOME TAX, AMRAVATI CIRCLE

In the result, appeal filed by the assessee is allowed

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

2) no valid assessment is framed. Reliance on: i) (2010) 321 ITR 362 (SC) ACIT & Anr. Vs. Hotel Blue Moon (P- 103 – 112) (105) ii) (2019) 108 taxmann.com 183 (SC) CIT vs. Laxman Das Khandelwal (P- 113 – 118) (114) iii) ITAT order in ITA No.1744/Mum/2016 in the case of Shri Sudhir Menon vide order dated 03/10/2018

ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

251(a) of the IT Act which empowers Id. CIT(A) only to confirm, reduce, enhance or annul the assessment and cannot admit claim of the assessee for the first time. Also the decision of Hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. (229 ITR 383) does not vest any power

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

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

section 68 of the Act in the relevant assessment year. In this regard, we rely on the following case laws:– i) CIT v/s Ayachi Chandrashekhar Narsangji (2014) 42 taxmann.com 251(Guj.) wherein it has been held as under:– 23 Maheshwari Coal Beneficatgion & Infrastructure Pvt. Ltd. A.Y. 2014–15 to 2020–21 “3. On appeal before the CIT(A) the assessee

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

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

section 68 of the Act in the relevant assessment year. In this regard, we rely on the following case laws:– i) CIT v/s Ayachi Chandrashekhar Narsangji (2014) 42 taxmann.com 251(Guj.) wherein it has been held as under:– 23 Maheshwari Coal Beneficatgion & Infrastructure Pvt. Ltd. A.Y. 2014–15 to 2020–21 “3. On appeal before the CIT(A) the assessee

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

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

section 68 of the Act in the relevant assessment year. In this regard, we rely on the following case laws:– i) CIT v/s Ayachi Chandrashekhar Narsangji (2014) 42 taxmann.com 251(Guj.) wherein it has been held as under:– 23 Maheshwari Coal Beneficatgion & Infrastructure Pvt. Ltd. A.Y. 2014–15 to 2020–21 “3. On appeal before the CIT(A) the assessee

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

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

section 68 of the Act in the relevant assessment year. In this regard, we rely on the following case laws:– i) CIT v/s Ayachi Chandrashekhar Narsangji (2014) 42 taxmann.com 251(Guj.) wherein it has been held as under:– 23 Maheshwari Coal Beneficatgion & Infrastructure Pvt. Ltd. A.Y. 2014–15 to 2020–21 “3. On appeal before the CIT(A) the assessee

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

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

section 68 of the Act in the relevant assessment year. In this regard, we rely on the following case laws:– i) CIT v/s Ayachi Chandrashekhar Narsangji (2014) 42 taxmann.com 251(Guj.) wherein it has been held as under:– 23 Maheshwari Coal Beneficatgion & Infrastructure Pvt. Ltd. A.Y. 2014–15 to 2020–21 “3. On appeal before the CIT(A) the assessee

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

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

section 68 of the Act in the relevant assessment year. In this regard, we rely on the following case laws:– i) CIT v/s Ayachi Chandrashekhar Narsangji (2014) 42 taxmann.com 251(Guj.) wherein it has been held as under:– 23 Maheshwari Coal Beneficatgion & Infrastructure Pvt. Ltd. A.Y. 2014–15 to 2020–21 “3. On appeal before the CIT(A) the assessee

SHRI SANDEEP SARBATMAL KOTHARI,CHANDRAPUR vs. A.C.I.T., CHANDRAPUR CIRCLE,CHANDRAPUR, CHANDRAPUR

In the result, appeal of the assessee is allowed for statistical purpose

Bench: SHRI S.S.GODARA (Judicial Member), DR. DIPAK P. RIPOTE (Accountant Member)

2. Without prejudice to Ground 1, the learned AO & CIT(A) failed to appreciate that, difference in receipts of Rs.49,96,763 arose due to the fact that contractee party (i.e Ultratech Cement) deducted TDS at the time of making advance to the Appellant during AY 2015-16 whereas, the Appellant had accounted for the receipts in subsequent year

SHRI PANKAJ NANDLAL AGRAWAL ,NAGPUR vs. INCOME TAX OFFICER (TDS)WARD-1(1), NAGPUR

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteasstt Sr

TDS), 5 58/NAG/2020 2012-13 Navnidhi, Tekdi Ward-1(1), Road, Sadar, Nagpur Nagpur–440001. PAN: ABEPA4572G Assessee by Shri Dinesh Jogani – AR Revenue by Shri Rishi Kumar Bisen – DR Date of hearing 01/09/2023 Date of pronouncement 06/10/2023 आदेश/ ORDER PER BENCH : These four appeals filed by the assessee are against the common order of ld.CIT(Appeals)-2, Nagpur dated

SHRI PANKAJ NANDLAL AGRAWAL ,NAGPUR vs. INCOME TAX OFFICER (TDS)WARD -1(1), NAGPUR

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteasstt Sr

TDS), 5 58/NAG/2020 2012-13 Navnidhi, Tekdi Ward-1(1), Road, Sadar, Nagpur Nagpur–440001. PAN: ABEPA4572G Assessee by Shri Dinesh Jogani – AR Revenue by Shri Rishi Kumar Bisen – DR Date of hearing 01/09/2023 Date of pronouncement 06/10/2023 आदेश/ ORDER PER BENCH : These four appeals filed by the assessee are against the common order of ld.CIT(Appeals)-2, Nagpur dated

SHRI PANKAJ NANDLAL AGRAWAL,NAGPUR vs. INCOME TAX OFFICER (TDS)WARD-1(1), NAGPUR

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteasstt Sr

TDS), 5 58/NAG/2020 2012-13 Navnidhi, Tekdi Ward-1(1), Road, Sadar, Nagpur Nagpur–440001. PAN: ABEPA4572G Assessee by Shri Dinesh Jogani – AR Revenue by Shri Rishi Kumar Bisen – DR Date of hearing 01/09/2023 Date of pronouncement 06/10/2023 आदेश/ ORDER PER BENCH : These four appeals filed by the assessee are against the common order of ld.CIT(Appeals)-2, Nagpur dated

SHRI PANKAJ NANDLAL AGRAWAL ,NAGPUR vs. INCOME TAX OFFICER (TDS)WARD-1(1), NAGPUR

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteasstt Sr

TDS), 5 58/NAG/2020 2012-13 Navnidhi, Tekdi Ward-1(1), Road, Sadar, Nagpur Nagpur–440001. PAN: ABEPA4572G Assessee by Shri Dinesh Jogani – AR Revenue by Shri Rishi Kumar Bisen – DR Date of hearing 01/09/2023 Date of pronouncement 06/10/2023 आदेश/ ORDER PER BENCH : These four appeals filed by the assessee are against the common order of ld.CIT(Appeals)-2, Nagpur dated

SHRI PANKAJ NANDLAL AGRAWAL ,NAGPUR vs. INCOME TAX OFFICER (TDS)WARD-1(1), NAGPUR

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteasstt Sr

TDS), 5 58/NAG/2020 2012-13 Navnidhi, Tekdi Ward-1(1), Road, Sadar, Nagpur Nagpur–440001. PAN: ABEPA4572G Assessee by Shri Dinesh Jogani – AR Revenue by Shri Rishi Kumar Bisen – DR Date of hearing 01/09/2023 Date of pronouncement 06/10/2023 आदेश/ ORDER PER BENCH : These four appeals filed by the assessee are against the common order of ld.CIT(Appeals)-2, Nagpur dated

NEEL INFRATECH,NAGPUR vs. PCIT - PRINCIPAL COMMISSIONER OF INCOME TAX, NAGPUR-1, NAGPUR

In the result, ITA.No.251/NAG

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

2(b) to sec.263 of the Act and set aside the assessment order of the Assessing Officer and directed the Assessing Officer to re-do the assessment by making necessary inquiries and verification of the claim of the assessee. Similar was the position, with respect to the appeals ITA.Nos.252 & 253/NAG./2024 for the assessment 7 ITA.Nos.251

PADMAVATI REALITIES,NAGPUR vs. PCIT - PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, ITA.No.251/NAG

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

2(b) to sec.263 of the Act and set aside the assessment order of the Assessing Officer and directed the Assessing Officer to re-do the assessment by making necessary inquiries and verification of the claim of the assessee. Similar was the position, with respect to the appeals ITA.Nos.252 & 253/NAG./2024 for the assessment 7 ITA.Nos.251

PADMAVATI REALITIES,NAGPUR vs. PCIT - PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, ITA.No.251/NAG

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

2(b) to sec.263 of the Act and set aside the assessment order of the Assessing Officer and directed the Assessing Officer to re-do the assessment by making necessary inquiries and verification of the claim of the assessee. Similar was the position, with respect to the appeals ITA.Nos.252 & 253/NAG./2024 for the assessment 7 ITA.Nos.251

NEEL INFRATECH,NAGPUR vs. PCIT - PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, ITA.No.251/NAG

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

2(b) to sec.263 of the Act and set aside the assessment order of the Assessing Officer and directed the Assessing Officer to re-do the assessment by making necessary inquiries and verification of the claim of the assessee. Similar was the position, with respect to the appeals ITA.Nos.252 & 253/NAG./2024 for the assessment 7 ITA.Nos.251

NEEL INFRATECH,NAGPUR vs. PCIT - PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, ITA.No.251/NAG

Bench: Shri V. Durga Rao & Shri Khettra Mohan Roy

2(b) to sec.263 of the Act and set aside the assessment order of the Assessing Officer and directed the Assessing Officer to re-do the assessment by making necessary inquiries and verification of the claim of the assessee. Similar was the position, with respect to the appeals ITA.Nos.252 & 253/NAG./2024 for the assessment 7 ITA.Nos.251