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19 results for “bogus purchases”+ Section 142(1)clear

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Key Topics

Section 6844Section 143(3)31Section 14824Addition to Income19Section 153A12Section 143(2)10Unexplained Cash Credit9Section 2508Section 132

RAVINDRA MADANLAL KHANDELWAL,AKOLA vs. DCIT/ACIT CIRCLE , AKOLA

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 375/NAG/2024[2018-19]Status: DisposedITAT Nagpur18 Nov 2024AY 2018-19

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Sandipkumar Salunke
Section 142(1)Section 143Section 144BSection 68

142(1) of the Act, the assessee submitted list of lenders, their PAN, address, ledger confirmation of most of the debtors, interest payment details, details of TDS deducted on interest and the TDS returns of the assessee. However, the assessee did not submitted tax returns and Bank Statements of the lender making it 3 Ravindra Madanlal Khandelwal ITA no.375/Nag./2024

8
Search & Seizure8
Section 35A6
Undisclosed Income6

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

ITA 119/NAG/2024[2020-21]Status: DisposedITAT Nagpur26 Dec 2024AY 2020-21

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

142(1) of the Act, filed detailed submissions/reply along with connected documents as sought by the Assessing Officer in the above notice. 7. There was a search and seizure operation was also conducted under section 132(1) of the Act on RKTC Group, Korba, and Suresh Agrawal, Director of Rashi Steel & Power Pvt. Ltd., Kolkata, on 22/01/2019, and thereafter

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

ITA 117/NAG/2024[2018-19]Status: DisposedITAT Nagpur26 Dec 2024AY 2018-19

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

142(1) of the Act, filed detailed submissions/reply along with connected documents as sought by the Assessing Officer in the above notice. 7. There was a search and seizure operation was also conducted under section 132(1) of the Act on RKTC Group, Korba, and Suresh Agrawal, Director of Rashi Steel & Power Pvt. Ltd., Kolkata, on 22/01/2019, and thereafter

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

ITA 115/NAG/2024[2016-17]Status: DisposedITAT Nagpur26 Dec 2024AY 2016-17

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

142(1) of the Act, filed detailed submissions/reply along with connected documents as sought by the Assessing Officer in the above notice. 7. There was a search and seizure operation was also conducted under section 132(1) of the Act on RKTC Group, Korba, and Suresh Agrawal, Director of Rashi Steel & Power Pvt. Ltd., Kolkata, on 22/01/2019, and thereafter

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

ITA 113/NAG/2024[2014-15]Status: DisposedITAT Nagpur26 Dec 2024AY 2014-15

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

142(1) of the Act, filed detailed submissions/reply along with connected documents as sought by the Assessing Officer in the above notice. 7. There was a search and seizure operation was also conducted under section 132(1) of the Act on RKTC Group, Korba, and Suresh Agrawal, Director of Rashi Steel & Power Pvt. Ltd., Kolkata, on 22/01/2019, and thereafter

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

ITA 114/NAG/2024[2015-16]Status: DisposedITAT Nagpur26 Dec 2024AY 2015-16

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

142(1) of the Act, filed detailed submissions/reply along with connected documents as sought by the Assessing Officer in the above notice. 7. There was a search and seizure operation was also conducted under section 132(1) of the Act on RKTC Group, Korba, and Suresh Agrawal, Director of Rashi Steel & Power Pvt. Ltd., Kolkata, on 22/01/2019, and thereafter

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

ITA 116/NAG/2024[2017-18]Status: DisposedITAT Nagpur26 Dec 2024AY 2017-18

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

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 68

142(1) of the Act, filed detailed submissions/reply along with connected documents as sought by the Assessing Officer in the above notice. 7. There was a search and seizure operation was also conducted under section 132(1) of the Act on RKTC Group, Korba, and Suresh Agrawal, Director of Rashi Steel & Power Pvt. Ltd., Kolkata, on 22/01/2019, and thereafter

ALFIYA AYAZALI SAYYAD,NAGPUR vs. INCOME TAX OFFICER, WARD-2(2), NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 206/NAG/2022[2010-11]Status: DisposedITAT Nagpur24 Jun 2024AY 2010-11

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Surjit Kumar Saha
Section 271(1)(c)Section 274

bogus purchase. The learned CIT(A) in Para–5.1.4 to 5.1.5 has held as under:– Alfiya Ayazali Sayyad ITA no.206/Nag./2022 3.1.4. The views similar to the above decision of Delhi and Kerala High Courts were expressed by the Allahabad High Court in the case of Sushil Kumar Sharad Kumar 232 ITR 588 (Alld.). Similarly, the Delhi High Court

DAYAL COTSPIN LIMITED,AKOLA vs. ACIT, AKOLA CIRCLE, AKOLA

In the result, appeal filed by the assessee is allowed

ITA 87/NAG/2024[2012-13]Status: DisposedITAT Nagpur12 Dec 2024AY 2012-13

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

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 132(1)Section 142(1)Section 143Section 143(3)Section 147Section 148Section 154Section 234ASection 68

142(1) of the Act during the regular assessment framed under section 143(3) of Act. All corporate shareholders were assessed to income tax and transactions of subscription of share capital were through proper banking channel. Regular assessment was framed under 3 Dayal Cotspin Ltd. section 143(3) of the Act, on 23/03/2015, by accepting share capital contribution and income

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

In the result, appeal of the Revenue stands dismissed

ITA 411/NAG/2019[2015-16]Status: DisposedITAT Nagpur25 Feb 2025AY 2015-16

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Sandipkumar Salunke
Section 10(38)Section 68

142(1) were issued to the assessee. In response to notices, the counsel for the assessee attended from time to time and submitted the details called and explained the return. The assessee had purchased 422500 shares of Swift IT Infrastructure & Services Limited (SITSL) on 16/03/2012 physically at the rate of Rs. 10/- and same were duly reflected in the books

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

ITA 789/NAG/2025[2017-18]Status: DisposedITAT Nagpur19 Feb 2026AY 2017-18

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

For Appellant: Shri Abhishek Kumar, AdvFor Respondent: Shri Surjit Kumar Saha Sr.DR
Section 12ASection 131Section 132Section 142(1)Section 143(2)Section 148Section 148ASection 68Section 69C

142(1) of the Act along with a questionnaire was issued in response to which the assessee filed its submissions before the Assessing Officer. 3. During the course of assessment proceedings the Assessing Officer noted that a search and seizure action u/s 132 of the Act was carried out in the case of Oneworld group of cases on 06.11.2019. During

INCOME TAX OFFICER WARD-2, KHAMGAON, KHAMGAON vs. RENUKA OIL INDUSTRIES, KHAMGAON

In the result, Revenue’s appeal stands dismissed

ITA 390/NAG/2024[2013-14]Status: DisposedITAT Nagpur27 Jan 2025AY 2013-14

Bench: Shri V. Durga Rao

For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 139Section 139(1)Section 139(4)Section 143(2)Section 154Section 35A

142(1) of the Act issued and served on the assessee on 08/09/2014 in response to which the assessee furnished written submissions which were considered by the Assessing Officer. Thereafter, the Assessing Officer completed assessment determining total income of ` 47,99,885, as against returned income of ` 11,28,833, by making several additions viz. (i) additions under section 35AD

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

ITA 410/NAG/2019[2014-15]Status: DisposedITAT Nagpur25 Feb 2025AY 2014-15
For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Sandipkumar Salunke
Section 10(38)Section 68

142(1) were issued to the assessee. In response to notices, the counsel for the assessee attended from time to time and submitted the details called and explained the return. The assessee had purchased 422500 shares of Swift IT Infrastructure & Services Limited (SITSL) on 16/03/2012 physically at the rate of Rs. 10/- and same were duly reflected in the books

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

ITA 252/NAG/2018[2012-13]Status: DisposedITAT Nagpur06 Dec 2024AY 2012-13

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Vikash Agrawal
Section 131Section 143(2)Section 148Section 68

142(1) has also been issued to the assessee on 15/07/2016 alongwith reasons for re-opening of case. In response to notice the assessee has submitted the reply and raised objection for issuing of notice U/s. 148. The assessee encloses herewith copy of notice U/s. 148 and reasons alongwith objection reply, which is on Page

ASSISTANT COMMISSIONER OF INCOME TAX, NAGPUR vs. M/S. GUPTA METALLICS & POWER LTD, NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 91/NAG/2022[2010-11]Status: DisposedITAT Nagpur02 Sept 2024AY 2010-11

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

For Appellant: Shri Rajesh LoyaFor Respondent: Shri Kailash C. Kanojiya
Section 132Section 132(4)

bogus, the gross profit shown were notional with an intention to show higher turnover to obtain Bank Finance. 3. On the facts and circumstances of the case, the Ld. CIT(A) erred in directing the Assessing officer to adjust various additions made in the assessment order against the income of Rs. 1,00,00,000/- surrendered by the assessee

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

ITA 247/NAG/2018[2010-11]Status: DisposedITAT Nagpur06 Dec 2024AY 2010-11

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

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Vikas Agrawal
Section 131Section 148Section 68

142(1) has also been issued to the appellant on 15/07/2016 alongwith reasons for re-opening of case. In response to notice the appellant has submitted the reply and raised objection for issuing of notice U/s. 148. The appellant encloses herewith copy of notice U/s. 148 and reasons alongwith objection reply, which is on Page

JASIBAI DAYARAM AMLANI,AMRAVATI vs. DCIT AMRAVATI CIRCLE, AMRAVATI

In the result, appeal of the Assessee is partly allowed

ITA 749/NAG/2025[2014-15]Status: DisposedITAT Nagpur12 Feb 2026AY 2014-15

Bench: Dr. Manish Borad

For Appellant: Shri Rajesh Loya, CAFor Respondent: Shri Surjit Kumar Saha, Sr.DR
Section 143(2)Section 143(3)Section 144(3)Section 234ASection 250Section 40A(2)(b)

142(1) of the Act. Ld.AO in the course of assessment proceedings, apart from examining various issues, also observed that assessee has received rental income of 3 ITA.No.749/NAG/2025 (Jasibai Dayaram Amlani) ₹1,80,000/- p.a for 3000 sq.ft. located at Sundaram Tower, Sahakar Nagar, Amravati. Such rent was received from assessee’s son. Ld.AO based on the verification conducted

ASSISTANT COMMISSIONER OF INCOME TAX , CENTAL CIRCLE -2(2) , NAGPUR vs. SHRI NARENDRA MAGANMAL KOTHARI , NAGPUR

Accordingly, the grounds raised by the Revenue are dismissed

ITA 330/NAG/2019[2013-14]Status: DisposedITAT Nagpur25 Oct 2024AY 2013-14

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

For Appellant: Shri Hitesh P. ShahFor Respondent: Shri Sandipkumar Salunke
Section 133(6)Section 68

142 and 143 clearly suggests that the assessing officer may also act on the material gathered by him and the word 'material' clearly shows that the assessing officer is not fettered by the technical rules of evidence and the like, and that he may act on material which may not strictly speaking be accepted evidence in court of law. xxxi

I.T.O. WARD -1, AMRAVATI vs. SHRI SANJAY NANASAHEB BHARSAKALE, AMRAVATI

In the result, the appeal of the department is rejected

ITA 81/NAG/2018[2011-2012]Status: DisposedITAT Nagpur16 Jul 2024AY 2011-2012

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

For Appellant: Shri Manoj Moriyani, AdvocateFor Respondent: Shri Abhay Y.Marathe, Sr.Dr
Section 131Section 143(1)Section 143(3)Section 148Section 250Section 269TSection 44ASection 68

142 of 2016] dated May 17, 2016 reported in 138 DTR 0361 (Cal.). “Income-Cash credits-Bogus liability-It appeared that nearly sum of Rs. 4 crores was found credited to books of accounts of assessee allegedly on account of advance received from buyers of motor cycles-AO was of opinion that bogus liability was created and AO, therefore, added