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

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: Assessee filed return of income under section 139(1) of I T Act on 17/10/2016 declaring income of Rs.4,60,44,360/–. Case was selected for scrutiny and various notices were issued which were duly replied

MOHANLAL KALAJII SUTHAR,NAGPUR vs. DY, CIT CIR.1, NAGPUR

Appeal is allowed in above terms

Bench: Shri S.S.Godara & Shri Dr.Dipak P. Ripoteआयकर अपीलसं. / Ita No.22/Nag/2017 िनधा"रणवष" / Assessment Year : 2011-12 Mohanlal Kalaji Suthar, The Dy.Cit, Circle-1, Vinayaka Metal Indus, Shop Vs. Nagpur. No.04, Sai Wadi Sankul, Midc T Point, Amravati Road, Wadi, Nagpur – 440023. Pan: Arrps 5022 Q Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri G.J.Ninawe – Dr Date Of Hearing 14/11/2022 Date Of Pronouncement 10/01/2023

bogus purchases forming the sole reason of reopening. This indeed is coupled with the clinching fact that there is no discussion at all in the assessment

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

reopening of assessment. Since we have deleted the addition on merits, this legal ground becomes academic in nature and accordingly we leave the same open and decline to adjudicate the same. 18. In the result, the appeal filed by the assessee is allowed." Thus, un view of the facts discussed hereinabove and respectfully following Thus, in view of the decisions

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

reopening of assessment. Since we have deleted the addition on merits, this legal ground becomes academic in nature and accordingly we leave the same open and decline to adjudicate the same. 18. In the result, the appeal filed by the assessee is allowed." Thus, un view of the facts discussed hereinabove and respectfully following Thus, in view of the decisions

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

reopening of assessment. Since we have deleted the addition on merits, this legal ground becomes academic in nature and accordingly we leave the same open and decline to adjudicate the same. 18. In the result, the appeal filed by the assessee is allowed." Thus, un view of the facts discussed hereinabove and respectfully following Thus, in view of the decisions

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

bogus, when, on the date of search i.e., 11/07/2019, for the assessment year 2014-15 had already been unabated / completed, since scrutiny assessment under section 143(3) had been completed on 18/08/2016 (prior to the date of search) and no assessment was pending for the assessment year 2014-15 on the date of search i.e., 11/07/2019 and also, there

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

bogus, when, on the date of search i.e., 11/07/2019, for the assessment year 2014-15 had already been unabated / completed, since scrutiny assessment under section 143(3) had been completed on 18/08/2016 (prior to the date of search) and no assessment was pending for the assessment year 2014-15 on the date of search i.e., 11/07/2019 and also, there

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

bogus, when, on the date of search i.e., 11/07/2019, for the assessment year 2014-15 had already been unabated / completed, since scrutiny assessment under section 143(3) had been completed on 18/08/2016 (prior to the date of search) and no assessment was pending for the assessment year 2014-15 on the date of search i.e., 11/07/2019 and also, there

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

bogus, when, on the date of search i.e., 11/07/2019, for the assessment year 2014-15 had already been unabated / completed, since scrutiny assessment under section 143(3) had been completed on 18/08/2016 (prior to the date of search) and no assessment was pending for the assessment year 2014-15 on the date of search i.e., 11/07/2019 and also, there

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

bogus, when, on the date of search i.e., 11/07/2019, for the assessment year 2014-15 had already been unabated / completed, since scrutiny assessment under section 143(3) had been completed on 18/08/2016 (prior to the date of search) and no assessment was pending for the assessment year 2014-15 on the date of search i.e., 11/07/2019 and also, there

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

bogus, when, on the date of search i.e., 11/07/2019, for the assessment year 2014-15 had already been unabated / completed, since scrutiny assessment under section 143(3) had been completed on 18/08/2016 (prior to the date of search) and no assessment was pending for the assessment year 2014-15 on the date of search i.e., 11/07/2019 and also, there

DY. COMMISSIONER OF INCOME TAX EXEMPTION CIRCLE NAGPUR, NAGPUR vs. VIDHARBHA BAHUUDESHIYA SHIKSHAN SANSTHA, NAGPUR, NAGPUR

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri R. K. Pandaassessment Year : 2017-18

reopened on the basis of information that the assessee had obtained loan from a paper company M/s. Aneri Fincap Ltd which was engaged in providing bogus accommodation entries to various beneficiaries. Accordingly, a notice u/s 148 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) was issued to the assessee on 2 25.06.2021. Subsequently, in the light

PARSHURAM FORGE PRIVATE LIMITED ,NAGPUR vs. DEPUTY COMISSIONER OF INCOME TAX , CIRCLE -1 , NAGPUR

In the result, the appeal of assessee is partly allowed

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

purchases. 4. We note that the assessee is a company and filed return of income declaring a total income of Rs.46,84,066/- which was processed u/s. 143(1) of the Act. Thereafter, on receipt of information from Sales Tax Department, the AO reopened the said assessment by issuing a notice u/s. 148 of the Act on account of bogus

DY COMMISSIONER OF INOCME TAX , CIRCLE -2, NAGPUR vs. M/S N KUMAR CONSTRUCTION CO .PVT.LTD , NAGPUR

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

bogus. Therefore, it was mandatory for the Revenue to produce A for cross-examination by the assessee on their specific demand in this regard. There may well be instances 18 M/s. N. Kumar Construction Co. Pvt. Ltd. Assessment Year 2012–13 where the reopening may pass muster in light of some facts, but those facts by themselves may turn

VIKRAM AGRAWAL,NAGPUR vs. ITO WARD 4 (4), NAGPUR

In the result, appeal is dismissed

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

reopen assessment. 6.2.3 In Assistant Commissioner of Income-tax vs. Kisco Casting (P) Ltd. [2013] 34 taxmann.com 37 (Chandigarh-Trib.), it was held that action can be taken under section 147 read with section 148, on basis of report from Investigation wing of department. Therefore, where assessing Officer had been supplied with information by Investigation wing and he applied

VIKRAM AGRAWAL,NAGPUR vs. ITO WARD 4(4), NAGPUR

In the result, appeal is dismissed

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

reopen assessment. 6.2.3 In Assistant Commissioner of Income-tax vs. Kisco Casting (P) Ltd. [2013] 34 taxmann.com 37 (Chandigarh-Trib.), it was held that action can be taken under section 147 read with section 148, on basis of report from Investigation wing of department. Therefore, where assessing Officer had been supplied with information by Investigation wing and he applied

VIKRAM AGRAWAL,NAGPUR vs. ITO WARD 4(4), NAGPUR

In the result, appeal is dismissed

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

reopen assessment. 6.2.3 In Assistant Commissioner of Income-tax vs. Kisco Casting (P) Ltd. [2013] 34 taxmann.com 37 (Chandigarh-Trib.), it was held that action can be taken under section 147 read with section 148, on basis of report from Investigation wing of department. Therefore, where assessing Officer had been supplied with information by Investigation wing and he applied

N R FARMS PRIVATE LIMITED,NAGPUR vs. THE INCOME TAX OFFICER WARD - 2(2), NAGPUR, NAGPUR

In the result, Assessee’s appeal is allowed

Bench: Shri Narender Kumar Choudhryn.R. Farms Private Limited, Ito, Ward-2(2), Nagpur. Flat No. 302, Swami Sadan, Vs. Gpo Square, Civil Lines, Nagpur Pan: Aaecn 4552 F (Appellant) (Respondent)

purchase of goods from whom the Assessee company has taken loan of Rs. 50 Lac. Consequently, the reasons for reopening of the case were recorded and by issuing notice u/sec. 148 of the Act, case of the Assessee was reopened and accordingly a show-cause notice along with draft assessment order was sent to the Assessee on 19/03/2022 & 22/03/2022. Against