SHRI PRALHAD CHODHARY ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1(3), NAGPUR

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.164/Nag/2019 िनधा"रण वष" / Assessment Year : 2007-08 Shri Pralhadchodhary, The Assistant Commissioner Choudhary Bhawan, V Of Income Tax, Central Sakkardara, S Circle-1(3), Nagpur. Nagpur – 440032. Pan: Ahepc0847Q Appellant/ Assessee Respondent/Revenue Assessee By Shri Umang Agrawal – Ar Revenue By Shri Kailash G. Kanojiya – Cit(Dr) Date Of Hearing 23/01/2024 Date Of Pronouncement 25/01/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Common Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Nagpur Dated 18.03.2013 Emanating From Assessment Order Under Section 153C R.W.S143(3) Dated 29.12.2010 For A.Y.2007-08. The Grounds Of Appeal Raised By The Assessee Are As Under : Shri Pralhad Chodhary [A]

section 153C r.w.s143(3) dated 29.12.2010 for A.Y.2007-08. The grounds of appeal raised by the Assessee are as under : Shri Pralhad Chodhary [A] “1. The learned CIT (Appeals) erred in holding that the capital gain arose u/s 2(47)(v) of Income Tax Act during the PY 2006-07 in respect of the transfer of the land mentioned

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

capital gains. The assessee has failed to deduct the tax at source, therefore the assessee is liable for payment tax and interest U/s. 201(1)/201(1A) of the Act. The Ld. AO passed order U/s. 201(1)/201(1A) on 27/03/2018 which is after a lapse of five years from the end of the relevant assessment year. There

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

capital gains. The assessee has failed to deduct the tax at source, therefore the assessee is liable for payment tax and interest U/s. 201(1)/201(1A) of the Act. The Ld. AO passed order U/s. 201(1)/201(1A) on 27/03/2018 which is after a lapse of five years from the end of the relevant assessment year. There

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

1A) of I T Act, 1961 on account of sale of agricultural land. 7. The Ld. Lower authorities ought to have accepted that the agricultural land held by assessee is not a capital asset under section 2(14) of I.T Act, 1961 and surplus on the sale of same is not exigible to income tax since the land is away

LOKMANYA TILAD JANAKALYA SHIKSHAN SANSTHA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -2, NAGPUR

In the result, this appeal by the assessee stands partly allowed

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

Capital Expenditure on Object of Trust. 8.63 crores. --------------- 48.56 crores. It is further noted that in the past as well as subsequent assessment year's assessee has been granted exemption under section 11 of the Income Tax Act. 11. The learned counsel of the assessee has challenged the revenue's action in this regard on two counts. Firstly

RAGHAV AGRITECH,NAGPUR vs. ITO WARD 3(4), NAGPUR

In the result, appeal filed by the assessee is allowed

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

1a) of the Act on the ground that TDS on payment of ` 2,06,50,000, to contractor for building construction has not been deducted and hence 30% of sum paid is disallowable under section 40(a)(ia) though the assessee had disallowed ` 3,09,750, being 30% of depreciation claimed by it. The assessee being aggrieved filed appeal before

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-2, NAGPUR vs. M/S WESTERN COALFIELDS LIMITED, NAGPUR

In the result, the departmental appeal is dismissed

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

capital expenditure with intention of investment in high cost plant & machinery as per the legislative intent and aim and objective of section 32AC. A.O. with these observation held that assessee is not eligible for claim u/s 32AC and thus proceed to make addition of Rs. 14.89 crores by not accepting the claim of assessee u/s 32AC

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2(1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

1A) inserted in section 161 of the IT Act, which provides for taxation of the entire income received by trusts at the maximum marginal rates is applicable only in the case of private trusts having profits and gains of business. So far as public charitable and religious trusts are concerned, their business profits are not exempt from tax, except

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2 (1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

1A) inserted in section 161 of the IT Act, which provides for taxation of the entire income received by trusts at the maximum marginal rates is applicable only in the case of private trusts having profits and gains of business. So far as public charitable and religious trusts are concerned, their business profits are not exempt from tax, except

DY. COMMISSIONER OF INCOME TAX- CENTRAL-CIRCLE-2(1), NAGPUR, NAGPUR vs. JAYMAHAKALI SHIKSHAN SANSTHA, WARDHA

In the result, Revenue’s appeal for A

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

1A) inserted in section 161 of the IT Act, which provides for taxation of the entire income received by trusts at the maximum marginal rates is applicable only in the case of private trusts having profits and gains of business. So far as public charitable and religious trusts are concerned, their business profits are not exempt from tax, except

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

section 153D becomes an empty formality without due process of law and, thus, not sustainable. This is nothing but an approval by way of mere mechanical exercise accepting the draft assessment order without any independent application of mind by the Addl.CIT. Following case laws are relied on:- (i) Sahara India (Firm) Luck v. CIT (2008) 169 Taxman

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

section 153D becomes an empty formality without due process of law and, thus, not sustainable. This is nothing but an approval by way of mere mechanical exercise accepting the draft assessment order without any independent application of mind by the Addl.CIT. Following case laws are relied on:- (i) Sahara India (Firm) Luck v. CIT (2008) 169 Taxman

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

1A) of the assessee or any other person/\nappraisal report of the Investigation Wing of the Department/ materials on\nhand with the Department at the time of initiation of search or material\nevidences gathered were placed for its verification and the same were duly\nverified and/or examined by him as mandated u/s153D. In the absence of\ncompliance of the above

ATUL MANOHARRAO YAMSANWAR,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

1A) of the assessee or any other person/\nappraisal report of the Investigation Wing of the Department/ materials on\nhand with the Department at the time of initiation of search or material\nevidences gathered were placed for its verification and the same were duly\nverified and/or examined by him as mandated u/s153D. In the absence of\ncompliance of the above

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

1A) of the assessee or any other person/\nappraisal report of the Investigation Wing of the Department/ materials on\nhand with the Department at the time of initiation of search or material\nevidences gathered were placed for its verification and the same were duly\nverified and/or examined by him as mandated u/s153D. In the absence of\ncompliance of the above

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

1A) of the assessee or any other person/\nappraisal report of the Investigation Wing of the Department/ materials on\nhand with the Department at the time of initiation of search or material\nevidences gathered were placed for its verification and the same were duly\nverified and/or examined by him as mandated u/s153D. In the absence of\ncompliance of the above

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

1A) of the assessee or any other person/\nappraisal report of the Investigation Wing of the Department/ materials on\nhand with the Department at the time of initiation of search or material\nevidences gathered were placed for its verification and the same were duly\nverified and/or examined by him as mandated u/s153D. In the absence of\ncompliance of the above

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

1A) of the assessee or any other person/\nappraisal report of the Investigation Wing of the Department/ materials on\nhand with the Department at the time of initiation of search or material\nevidences gathered were placed for its verification and the same were duly\nverified and/or examined by him as mandated u/s153D. In the absence of\ncompliance of the above