SHRI DEEPAK SURESH GADGE,,NAGPUR vs. DY. CIT, CIRCLE-1 , NAGPUR

In the result, appeal filed by the assessee partly allowed

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

46,080/-. While framing the order, the A.O. assessed income from aforesaid transactions as Income from Business as against income from Capital Gains and accordingly disallowed benefit of indexation claimed by the assessee amounting to Rs.44,41,78/-. 5 Shri Deepak Gadge During the course of assessment proceedings, appellant sought opinions from various tax consultants and there were divergent opinions

VASANT CO-OP SHETKARI GINNING & PRESSING FACTORY LTD.,YAVATMAL vs. PRINCIPAL COMMISSIONER OF INCOME TAX-II, NAGPUR

In the result, appeal of the assessee is partly allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 29/Nag/2021 "नधा"रण वष" / Assessment Year : 2016-17 The Vasant Co-Op. Shetkari Ginning & Pressing Factory Limited; At. Yavatmal Road, Wani, Tq. Wani, Dist. Yavatmal-440 010 Pan : Aaaat1439M .......अपीलाथ" / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax-Ii, Nagpur. ……""यथ" / Respondent Assessee By : Shri Pravin Gandhi, Ar Revenue By : Shri Vitthal Bhosale, Dr

Capital Gain (for short ‘LTCG’) on the sale of the same; (ii). that the Assessing Officer failing to appreciate that the assessee had not shifted any industrial undertaking but had carried out a simpliciter sale of a factory which was closed on 02.02.2010 had summarily accepted its claim for deduction under Sec. 54G of the Act.; (iii). that the Assessing

ECONOMIC EXPLOSIVES LIMITED,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1 (2), NAGPUR

In the result, appeal for the assessment year 2018–19 filed by the assessee is partly allowed

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

Gains from Business and Profession" shall be computed in accordance with either cash system of accounting or mercantile system of accounting. As per sub section (1) of section 128 of the 2013 Act a company is compulsorily required to follow mercantile system of accounting. The Appellant being a company is compulsory required to follow mercantile system of accounting with respect

ECONOMIC EXPLOSIVES LIMITED,NAGPUR vs. NATIONAL E ASSESSMENT CENTRE, NEW DELHI

In the result, appeal for the assessment year 2018–19 filed by the assessee is partly allowed

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

Gains from Business and Profession" shall be computed in accordance with either cash system of accounting or mercantile system of accounting. As per sub section (1) of section 128 of the 2013 Act a company is compulsorily required to follow mercantile system of accounting. The Appellant being a company is compulsory required to follow mercantile system of accounting with respect

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

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

46,300; the AO has not made any addition on undisclosed „asset‟ which is sine qua non/ pre- condition for assuming valid jurisdiction for making assessment u/s153C for „relevant AY‟ as per „fourth proviso‟ to section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone

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

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

46,300; the AO has not made any addition on undisclosed „asset‟ which is sine qua non/ pre- condition for assuming valid jurisdiction for making assessment u/s153C for „relevant AY‟ as per „fourth proviso‟ to section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone

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

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

46,300; the AO has not made any addition on undisclosed „asset‟ which is sine qua non/ pre- condition for assuming valid jurisdiction for making assessment u/s153C for „relevant AY‟ as per „fourth proviso‟ to section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone

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

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

46,300; the AO has not made any addition on undisclosed „asset‟ which is sine qua non/ pre- condition for assuming valid jurisdiction for making assessment u/s153C for „relevant AY‟ as per „fourth proviso‟ to section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone

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

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

46,300; the AO has not made any addition on undisclosed „asset‟ which is sine qua non/ pre- condition for assuming valid jurisdiction for making assessment u/s153C for „relevant AY‟ as per „fourth proviso‟ to section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone

DY. C.I.T. CIR-.2, NAGPUR vs. SHRI GOVINDDAS GOVERDHAN DAGA, NAGPUR

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

10 & 11/Nag/99 in the case on Shri Meghraj Tarachand Rughani vide order datec 17/07/2002. ii) (1985) 154 ITR 0547 (Bom.) Siesta Steel Construction (P) Ltd. vs. K.K. Shikare & Ors. D) It is submitted that the assessee has subsequent to supply of reasons submitted objections on issue of notice u/s 148 on 30/04/2015 before Assessing Officer copy of which is placed

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

capital asset is neither allowable as loss not it can be brought to tax as gain. In the case of assessee it is noted that in respect to same loan loss arising on account of foreign exchange fluctuation at Rs.3,57,69,667/- was not claimed/allowed while determining income from business in immediately preceding year. The above fact

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

In the result, appeal filed by the assessee is allowed

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

10. The assessee denies liability to pay interest u/s 234A, 234B and 234C of I.T. Act 1961. Without prejudice, levy of interest under section 234A, 234B and 234C of I.T. Act 1961 is unjustified, unwarranted and excessive. Any other ground that shall be prayed at the time of hearing.” 11. 3. Facts in Brief:- In this case, the assessee

SHRIRAM NARAYAN TIKDE,NAGPUR vs. INCOME TAX, WARD 4(4) , NAGPUR

Bench: Shri V. Durga Rao

capital gains of Rs.73,041 offered by the assessee. In doing so, the learned AO erred in not providing benefit of indexed cost of improvement of Rs.4,55,185 incurred during FY 2006-07, brokerage fees on sale of plot of Rs.25,000 and deduction under section 54 claimed by the assessee on new investment

SMS TOLLS AND DEVELOPERS,NAGPUR vs. ITO, WARD 1(5), NAGPUR

In the result, appeal filed by the assessee is partly allowed in terms indicated above

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

46 crores). And therefore, there was no infirmity in the action of the AO/Ld. CIT(A) and she does not want us to interfere with the order of the Ld. CIT(A). According to Ld. DR, the assessee maintains savings account with HDFC Bank, JVPD Branch, Mumbai when the assessee's account were analyzed for the period

SHRI SHRI GURVINDER SINGH SASAN, L/H OF LATE SHRI JAGDISH SINGH SASAN,NAGPUR vs. THE ITO-WARD-2(2),, NAGPUR

In the result, the appeal of the assessee is allowed

Bench: Sh. G.D.Agrawal, Hon’Ble & Sh. Mahavir Singhsh. Gurvinder Singh Sasan, Vs Ito, L/H Of Late Sh. Jagdish Singh Sasan, Ward–2(2), C/O–Kasjmir Bar & Restaurant, 3Ed Floor, Ayakar Gaddogudam Chowk, Nagpur–440001. Bhawan, Nagpur Pan–Aeyps3694G (Appellant) (Respondent) Appellant By Sh.K.P.Dewani, Adv. Respondent By Sh. Jitesh Kumar Date Of Hearing 07.03.2018 Date Of Pronouncement 07.03.2018

section 54 of the Act and thereby he computed long term capital gain at Rs.18,13,900/- and added to the returned income of the assessee. Aggrieved the assessee preferred appeal before Ld.CIT(A). 4. Ld.CIT(A) confirmed the action of the AO by observing in par 10.7 as under:- 10.7. “As per the layout plan / map approved

M/S. HARIHAR INFRASTUCTURE DEVELOPMENT CORPORATION LTD.,,NAGPUR vs. THE DY.CIT, CIRCLE- 1,, NAGPUR

In the result, appeal of the assessee is partly allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 60/Nag/2015 "नधा"रण वष" / Assessment Year : 2010-11 M/S. Harihar Infrastructure Development Corporation Ltd.; G-3, Amar Palace, Opp. Patwardhan Ground, Dhantoli, Nagpur-12. Pan : Aabch9888H .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1, Nagpur. ……""यथ" / Respondent Assessee By : Shri S. Shriram, Ar Revenue By : Shri Pradeep Headoo, Dr

46 of MOA, at Page 2 of APB, wherein carrying out of agricultural activities by the assessee company was clearly stated to be one of its objects. 10. On the basis of aforesaid facts, we find that it has been the claim of the assessee before the lower authorities as well as before us, that no adverse inferences as regards

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

10]‖ 7. The learned Counsel for the assessee drew attention by submitting that the provisions of section 68 of the Act are not applicable to the facts of the present case. Following submissions have been made. ―1. The assessee has received an amount from the parties at Rs. 6,58,12,500/- through proper banking channel; 2. The aforesaid amounts

VANDANA KISHOR NAIK ,NAGPUR vs. INOCME TAX OFFICER WARD 5(3), NAGPUR

Appeal is dismissed

Bench: Shri S.S. Godara & Shri Dr. Dipak P. Ripote"नधा"रण वष" / Assessment Year : 2011-12 Vandana Kishor Naik Vs. Ito, Ward 5(3), Plot No.98, Jaibadrinath Society, Nagpur Behind Swavlambi Nagar, Khamla, Nagpur – 440025 Pan : Aalpn9942R Appellant Respondent Assessee By None Revenue By Shri G.J. Ninawe Date Of Hearing 16-11-2022 Date Of Pronouncement 09-12-2022

section 48, be deemed to be the full value of the consideration received or accruing as a result of such transfer". The DVO has however ignored this argument as according to him the agreement was not registered. On considering the assessee’s plea, it is quite evident from the proviso that the Act does not require such agreements