ACIT, CIRCLE- 3, NAGPUR vs. M/S SOLARIES HOLDING LTD.,, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S. Solaries Holdings Ltd. Circle-3, Thapar House, 124, Nagpur Janpath, New Delhi Panno.:Aahcs 59040 B Appellant Respondent Revenue By :Shripiyushkolhe (Cit-Dr) Assessee By: Shri K.P. Dewani (Adv.) Date Of Hearing: 18/04/2022 Date Of Pronouncement: 28/06/2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Department Against The Order Of The Ld. Cit-Ii, Nagpur Dated 01/09/2014 Passed U/S 143(3) Of The Income Tax Act, 1961 For The A.Y. 2008-09 Wherein The Department Has Raised The Following Grounds Of Appeal.

carry forward or brought forward opening and closing stock, sales and other taxes. It appears from the available records that it can never be a case where the purchases/ sales can be taken as bogus for the reason that if purchases are bogus then there cannot be any sales and vice versa and in that eventuality there cannot

SHETKARI SOLVENT (INDIA) LIMITED,NAGPUR vs. ACIT C.C. 1(1), NAGPUR

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.137/Nag/2012 िनधा"रण वष" / Assessment Year : 2007–08 Shetkari Solvent (India) Ltd., Ug–7&8, Jagat Chambers, Near Ambedkar Sqr, Central Avenue, Bagadganj, Nagpur–440008. .......अपीलाथ" / Appellant Pan : Aabcs0105N बनाम / V/S. Acit, Central Circle–1(1), ……""यथ" / Respondent Nagpur. Assessee By : Shri Abhay Agarwal, Adv. Revenue By : Shri U. U. Kasar, Dr सुनवाई क" तारीख / Date Of Hearing : 26.03.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.03.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-1, Nagpur Dated 11.01.2012 For The Assessment Year 2007-08. 2. The Revised Grounds Raised By The Assessee Are As Under :– “1. That The Learned Cit(A) Erred In Confirming The Addition Of Rs.5,79,60,000 On Account Of Alleged Bogus Purchases Of Soya Doc

bogus purchases is outside the scope of search assessment made u/s 153C of the Act. The assessee also raised various other issues without prejudice. The issue relating to the carried forward to the past losses

DAYAL AGRO PRODUCTS LTD,AKOLA vs. JCIT, AKOLA RANGE, AKOLA

In the result, the assessee’s appeal is allowed

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

purchased by the appellant company on 01.10.2008 i.e. just 8-9 months ago. No doubt, the money has been routed through banking channels but this fact alone does not reflect genuine business transaction. The profit motive, as normal in case of investment, is also found entirely absent. Any person, who would invest money or give loan, would certainly seek return

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

purchase & sale of shares are not disputed. The loss suffered by the assessee had been claimed to be carried forward and there is no revenue advantage to assessee for the year under consideration as loss has claimed to be carried forward. The ld. AR of the assessee thus submitted that the company is a juristic person and has lost entire

DCIT, CIRCLE-2, NAGPUR, NAGPUR vs. NARESH LAXMINARAYAN GROVER, NAGPUR

In the result, all these three appeals for the A

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

bogus. If the purchase and sale of shares are reflected in the Assessee's DMAT account, yet they are termed as arranged transactions and projected to be real, then, such conclusion which has been reached by the Commissioner and the Assessing Officer required a deeper scrutiny. It was also revealed during the course of inquiry by the Assessing Officer that

DCIT, CIRCLE-2, NAGPUR, NAGPUR vs. NARESH LAXMINARAYAN GROVER, NAGPUR

In the result, all these three appeals for the A

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

bogus. If the purchase and sale of shares are reflected in the Assessee's DMAT account, yet they are termed as arranged transactions and projected to be real, then, such conclusion which has been reached by the Commissioner and the Assessing Officer required a deeper scrutiny. It was also revealed during the course of inquiry by the Assessing Officer that

DCIT, CIRCLE-2, NAGPUR, NAGPUR vs. NARESH LAXMINARAYAN GROVER, NAGPUR

In the result, all these three appeals for the A

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

bogus. If the purchase and sale of shares are reflected in the Assessee's DMAT account, yet they are termed as arranged transactions and projected to be real, then, such conclusion which has been reached by the Commissioner and the Assessing Officer required a deeper scrutiny. It was also revealed during the course of inquiry by the Assessing Officer that

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), 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

forward of losses etc. in the return of Income filed u/s 153A of the act:- PCIT V JSW Steel Ltd. [2020] 115 taxmann.com 165 (Bombay) ACIT V Splendor Landbase Limited ( ITA No. 2461/Del/2016) CIT V. B G Shirke Construction Technology ( P) Ltd. (2017) 246 Taxman 300 ( Bombay) ACIT V. V N Deva Doss (2013) 32 Taxmann.com 133 Naresh T Wadhwani

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

forward of losses etc. in the return of Income filed u/s 153A of the act:- PCIT V JSW Steel Ltd. [2020] 115 taxmann.com 165 (Bombay) ACIT V Splendor Landbase Limited ( ITA No. 2461/Del/2016) CIT V. B G Shirke Construction Technology ( P) Ltd. (2017) 246 Taxman 300 ( Bombay) ACIT V. V N Deva Doss (2013) 32 Taxmann.com 133 Naresh T Wadhwani

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

forward of losses etc. in the return of Income filed u/s 153A of the act:- PCIT V JSW Steel Ltd. [2020] 115 taxmann.com 165 (Bombay) ACIT V Splendor Landbase Limited ( ITA No. 2461/Del/2016) CIT V. B G Shirke Construction Technology ( P) Ltd. (2017) 246 Taxman 300 ( Bombay) ACIT V. V N Deva Doss (2013) 32 Taxmann.com 133 Naresh T Wadhwani

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

forward of losses etc. in the return of Income filed u/s 153A of the act:- PCIT V JSW Steel Ltd. [2020] 115 taxmann.com 165 (Bombay) ACIT V Splendor Landbase Limited ( ITA No. 2461/Del/2016) CIT V. B G Shirke Construction Technology ( P) Ltd. (2017) 246 Taxman 300 ( Bombay) ACIT V. V N Deva Doss (2013) 32 Taxmann.com 133 Naresh T Wadhwani

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

forward of losses etc. in the return of Income filed u/s 153A of the act:- PCIT V JSW Steel Ltd. [2020] 115 taxmann.com 165 (Bombay) ACIT V Splendor Landbase Limited ( ITA No. 2461/Del/2016) CIT V. B G Shirke Construction Technology ( P) Ltd. (2017) 246 Taxman 300 ( Bombay) ACIT V. V N Deva Doss (2013) 32 Taxmann.com 133 Naresh T Wadhwani

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), 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

forward of losses etc. in the return of Income filed u/s 153A of the act:- PCIT V JSW Steel Ltd. [2020] 115 taxmann.com 165 (Bombay) ACIT V Splendor Landbase Limited ( ITA No. 2461/Del/2016) CIT V. B G Shirke Construction Technology ( P) Ltd. (2017) 246 Taxman 300 ( Bombay) ACIT V. V N Deva Doss (2013) 32 Taxmann.com 133 Naresh T Wadhwani

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

carried out by Pr. Director of Income Tax (Investigation), Kolkatta in the cases where the provisions of section 10(38) were being misused by the beneficiaries of bogus long term capital gain and to avoid paying taxes and have also been forwarded the details of transactions entered into by the assessee. The learned assessing officer has not any provided

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1(2), NAGPUR vs. VIDARBHA INFOTECH PRIVATE LIMITED, NAGPUR

In the result, appeal by the Revenue is dismissed

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

carrying on the business of Construction, trading, and services. It maintains regular books of accounts which are audited u/s 44AB of IT Act as well as under the provisions of Companies Act: The present appeal is against the reopening of assessment and the additions made in the assessment order passedu/s 147 of the Act on 25/12/2018. Facts of the case

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA GLOBAL RESOURCES LTD(EAELIER KNOWN AS GUPTA COALFIELDS & WASHHERIES LTD), NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

carried out u/s.132(1) of the I.T. Act, the issue of notice u/s.153A, in my considered view is perfectly legal and very much in order. Thus, I find no reasons requiring any interference on this issue i.e. as far as legality of the issuing of notice u/s.153A is concerned. Accordingly, this ground of appeal is dismissed.” 43. We have perused

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA COAL(INDIA) LTD, NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

carried out u/s.132(1) of the I.T. Act, the issue of notice u/s.153A, in my considered view is perfectly legal and very much in order. Thus, I find no reasons requiring any interference on this issue i.e. as far as legality of the issuing of notice u/s.153A is concerned. Accordingly, this ground of appeal is dismissed.” 43. We have perused

ASSTT.C,I,.T, CENTRAL CIR, -2(3), NAGPUR vs. M/S GUPTA COALFIELDS & WASHERIES LTD., NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

carried out u/s.132(1) of the I.T. Act, the issue of notice u/s.153A, in my considered view is perfectly legal and very much in order. Thus, I find no reasons requiring any interference on this issue i.e. as far as legality of the issuing of notice u/s.153A is concerned. Accordingly, this ground of appeal is dismissed.” 43. We have perused

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA COAL(INDIA) LTD, NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

carried out u/s.132(1) of the I.T. Act, the issue of notice u/s.153A, in my considered view is perfectly legal and very much in order. Thus, I find no reasons requiring any interference on this issue i.e. as far as legality of the issuing of notice u/s.153A is concerned. Accordingly, this ground of appeal is dismissed.” 43. We have perused