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

195 ITR 877), while dealing with the question as to whether the allowance received by the assessee under the Huzur order dated April 8, 1947 which was ratified subsequently post-merger of the territories vide Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 held that the capital receipt is not income within the meaning of section

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1, NAGPUR vs. M/S RAGHAV FINVEST PVT LTD , NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

195, as also by this Court in CIT vs. Creative World Telefilms Ltd., (2011) 333 ITR 100 (Bom.). In such circumstances, we are of the view that the Tribunal's finding that there is no justification in the addition made under Section 68 of the Income Tax Act, 1961 neither suffers from any perversity nor gives rise to any substantial

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-1, NAGPUR vs. VISHNU GILTS PVT.LT, NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

195, as also by this Court in CIT vs. Creative World Telefilms Ltd., (2011) 333 ITR 100 (Bom.). In such circumstances, we are of the view that the Tribunal's finding that there is no justification in the addition made under Section 68 of the Income Tax Act, 1961 neither suffers from any perversity nor gives rise to any substantial

DY COMMISSIONER OF INCOME TAX , CIRCLE-1, NAGPUR vs. M/S NIHAL GITS PVT.LTD , NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

195, as also by this Court in CIT vs. Creative World Telefilms Ltd., (2011) 333 ITR 100 (Bom.). In such circumstances, we are of the view that the Tribunal's finding that there is no justification in the addition made under Section 68 of the Income Tax Act, 1961 neither suffers from any perversity nor gives rise to any substantial

M/S INDOWORTH INDIA LIMITED,NAGPUR vs. ACIT(TDS), CIRCLE 51(1) , NAGPUR

In the result, appeal filed by the assessee for A

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

section 195 of the Act, the assessee is required to deduct tax at source on payments made to non-residents. In the instant case, the assessee required to deduct the tax at source on the sums chargeable to capital gains

INDOWORTH INDIA LIMITED,NAGPUR vs. ACIT(TDS), CIRCLE 51(1), NAGPUR

In the result, appeal filed by the assessee for A

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

section 195 of the Act, the assessee is required to deduct tax at source on payments made to non-residents. In the instant case, the assessee required to deduct the tax at source on the sums chargeable to capital gains

SMT USHA ARORA ,CHANDRAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CHANDRAPUR

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.68/Nag/2019 िनधा"रण वष" / Assessment Year : 2014–15 Smt. Usha Arora, Ganj Ward, Arora Prasuti Gruha, Chandrapur-442402. .......अपीलाथ" / Appellant Pan : Abfpa1032N बनाम / V/S. Acit, Chandrapur Circle, ……""यथ" / Respondent Chandrapur. S.A. No.01/Nag/2019 (Arising Out Of Ita No.68/Nag/2019) िनधा"रण वष" / Assessment Year : 2014–15 Smt. Usha Arora, Ganj Ward, Arora Prasuti Gruha, Chandrapur-442402. .......अपीलाथ" / Appellant Pan : Abfpa1032N बनाम / V/S. Acit, Chandrapur Circle, ……""यथ" / Respondent Chandrapur. Assessee By : Shri Abhay Agarwal, Adv. Revenue By : Shri U. U. Kasar, Jt. Cit

capital gain of Rs.22,35,195/- and added the same to the total income of the assessee and assessed the total income of the assessee at 3 S.A. No.01/NAG/2019 Rs.39,99,500/-. The CIT(A), relying on the decision in the case of CIT vs. Multiplan India Ltd., 38 ITD 320, passed an ex-parte order and dismissed the appeal

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

capital gain from sale of shares in view of astronomical difference between the share price of a company with a short span of 6-7 months and made addition to the income of the appellant. But in the case of appellant, the appellant has received the amounts towards booking advance against the sale of property and not received towards share

TAJSHREE AUTOWHEELS PRIVATE LIMITED,NAGPUR vs. ACIT CIRCLE-4, NAGPUR

In the result, assessee’s appeal is allowed for statistical purposes

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

gains by understatement of the consideration. This was real object and purpose of the enactment of sub-section (2) and the interpretation of this sub-section must fall in line with the advancement of that object and purpose. We must, therefore, accept as the underlying assumption of subsection (2) that there is understatement of consideration in respect of the transfer

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

195, the Tribunal was justified in upholding the order of the CIT(A) deleting addition made on account of share application money when substantial evidence was produced by the assessee to establish the identity of share applicant. 6. (2010) 325 ITR 0025 (P&H HC) Commissioner of Income Tax –Vs.- GP International Ltd. AO having not doubted the identity

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR, NAGPUR vs. M/S. SUFLAM INFRA PROJECT LTD, NAGPUR

In the result, the departmental appeal is dismissed

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

gainful to consider the assessment order dated 30/12/2016, to have a clear understanding of the case. “ASSESSMENT ORDER Return of income U/s 139(1) of the I.T. Act, 1961 was filed on 22/09/2014 by the assessee showing total income of Rs.3,74,72,758/- 2. A Search and seizure operations u/s.132 of the Income-tax Act, 1961, was conducted

SUFALAM INFRA PROJECTS LTD ,NAGPUR vs. PR. CIT (CENTRAL ), NAGPUR

In the result, the departmental appeal is dismissed

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

gainful to consider the assessment order dated 30/12/2016, to have a clear understanding of the case. “ASSESSMENT ORDER Return of income U/s 139(1) of the I.T. Act, 1961 was filed on 22/09/2014 by the assessee showing total income of Rs.3,74,72,758/- 2. A Search and seizure operations u/s.132 of the Income-tax Act, 1961, was conducted

UMESH SADASHIV THAKRE ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

capital gains because these\nwere created out of bank deposits made in the bank accounts of the\nassessees after the money transferred from the account of M/s. Alfa India.\nNo telescopic benefit have been given as it was out of the source deposited\nin the bank accounts of the assessees. Netting of the money left have also\nnot been considered

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. ATUL YAMSANWAR , NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

capital gains because these\nwere created out of bank deposits made in the bank accounts of the\nassessees after the money transferred from the account of M/s. Alfa India.\nNo telescopic benefit have been given as it was out of the source deposited\nin the bank accounts of the assessees. Netting of the money left have also\nnot been considered

YRCE EDUCATE PVT. LTD,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR

capital gains because these\nwere created out of bank deposits made in the bank accounts of the\nassessee after the money transferred from the account of M/s. Alfa India.\nNo telescopic benefit have been given as it was out of the source deposited\nin the bank accounts of the assessees. Netting of the money left have also\nnot been considered

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. ATUL YAMSANWAR , NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

capital gains because these\nwere created out of bank deposits made in the bank accounts of the\nassessees after the money transferred from the account of M/s. Alfa India.\nNo telescopic benefit have been given as it was out of the source deposited\nin the bank accounts of the assessees. Netting of the money left have also\nnot been considered