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

capital gains as unexplained cash credit under Section 68 of the Act. The tribunal while dismissing the appeals filed by the Revenue also observed on facts that these shares were purchased by respondent on the floor of Stock Exchange and not from the said broker, deliveries were taken, contract notes were issued and shares were also sold on the floor

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

capital gains as unexplained cash credit under Section 68 of the Act. The tribunal while dismissing the appeals filed by the Revenue also observed on facts that these shares were purchased by respondent on the floor of Stock Exchange and not from the said broker, deliveries were taken, contract notes were issued and shares were also sold on the floor

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

capital gains as unexplained cash credit under Section 68 of the Act. The tribunal while dismissing the appeals filed by the Revenue also observed on facts that these shares were purchased by respondent on the floor of Stock Exchange and not from the said broker, deliveries were taken, contract notes were issued and shares were also sold on the floor

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

In the result, appeal of the Revenue stands dismissed

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

capital gain and paper work has been got up and done merely to give the colour of authenticity to the transactions and creating façade of legitimate transactions and so allegation made against the assessee is denied in toto. It is pertinent to note that the assessee has purchased the shares of Unlisted Company named Swift IT Infrastructure & Services Limited about

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

capital gain and paper work has been got up and done merely to give the colour of authenticity to the transactions and creating façade of legitimate transactions and so allegation made against the assessee is denied in toto.\nIt is pertinent to note that the assessee has purchased the shares of Unlisted Company named Swift IT Infrastructure & Services Limited about

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

6 ITC 178) (PC); CIT v P. K. Das (34 ITR 729) (Cal.); CIT v Pran Jiban Jaitha (52 ITR 108) (Cal.); and Chibbett v Joseph (9 TC 48). Taxability of income and capital receipt: The income of a previous year is always subject to tax in the assessment year. Thus, income is always taxable unless exempted. However, the capital

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

6 ITC 178) (PC); CIT v P. K. Das (34 ITR 729) (Cal.); CIT v Pran Jiban Jaitha (52 ITR 108) (Cal.); and Chibbett v Joseph (9 TC 48). Taxability of income and capital receipt: The income of a previous year is always subject to tax in the assessment year. Thus, income is always taxable unless exempted. However, the capital

M/S SHREE TRADERS ,BULDHANA vs. ASSISTANT COMMISSIONER OF INCOME TAX, AKOLA CIRCLE, AKOLA

In the result, the appeal of assessee is dismissed

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

43,552/- of A.Y. 2013-14 against the above said Long Term Capital Gain and Short Term Capital Gain. The AO asked the assessee why the claim of set off of business loss should not be disallowed. The reply of the assessee has been reproduced from pages 3 to 10 of the assessment order. On perusal of the same

UDAYKUMAR VYAS,NAGPUR vs. ITO WARD 1 (5), BSNL RTTC BUILDING

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Royudaykumar Vyas, Ito, Ward – 1(5) Flat No. 402, Lepresting Vs Nagpur Apartment, Plot No. 105- 106, Ramdaspeth, Nagpur. Pan : Aarpv 4578 K Assessee Respondent

43,000/- by invoking section 50C which was added to the total income of the assessee. 4. Being aggrieved, assessee carried the matter to the Ld. CIT(A), who dismissed the appeal of the assessee. While upholding the addition made by the Ld. AO, Ld. CIT(A) observed that assessee had executed the registered sale deed dated 10.07.2009 4 (Document

NARESH VASANTRAI TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

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

section 271(1)(c) of the Act. Aggrieved, the assessee carried the matter before the first appellate authority. 6. The learned CIT(A) stated in his order that the learned Authorised Representative has filed explanation for the deposits in the bank account which is summarised in the table below:– Source explained by the appellant Total Bank Account Receipts S.no. details

NARESH VASANTRAI TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

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

section 271(1)(c) of the Act. Aggrieved, the assessee carried the matter before the first appellate authority. 6. The learned CIT(A) stated in his order that the learned Authorised Representative has filed explanation for the deposits in the bank account which is summarised in the table below:– Source explained by the appellant Total Bank Account Receipts S.no. details

NARESH VASANTRAJ TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

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

section 271(1)(c) of the Act. Aggrieved, the assessee carried the matter before the first appellate authority. 6. The learned CIT(A) stated in his order that the learned Authorised Representative has filed explanation for the deposits in the bank account which is summarised in the table below:– Source explained by the appellant Total Bank Account Receipts S.no. details

NARESH VASANTRAI TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

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

section 271(1)(c) of the Act. Aggrieved, the assessee carried the matter before the first appellate authority. 6. The learned CIT(A) stated in his order that the learned Authorised Representative has filed explanation for the deposits in the bank account which is summarised in the table below:– Source explained by the appellant Total Bank Account Receipts S.no. details

SHRI. ABDULLABHAI HASANALI,,NAGPUR vs. COMMISSIONER OF INCOME-TAX,-II, NAGPUR

In the result, all the appeals of assessee are allowed as indicated above

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 47(10). However the revision was made on a different ground that the assessee has claimed deduction u/s. 10(33) on positive income and so the loss is not allowable. (8) Similar issue has been dealt by the Hon'ble Mumbai bench in the case of Shri Kirit Vrajlal Babaria vs. DCIT, 43, Mumbai in ITA No.2939/Mum/2009

ABDULLABHAI HASANALI THROUGH L/H ZOHRABAI,NAGPUR vs. A.C.I.T. CIR-3,, NAGPUR

In the result, all the appeals of assessee are allowed as indicated above

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 47(10). However the revision was made on a different ground that the assessee has claimed deduction u/s. 10(33) on positive income and so the loss is not allowable. (8) Similar issue has been dealt by the Hon'ble Mumbai bench in the case of Shri Kirit Vrajlal Babaria vs. DCIT, 43, Mumbai in ITA No.2939/Mum/2009

ABDULLABHAI HASANALI THROUGH L/H ZOHRABAI,NAGPUR vs. A.C.I.T. CIR-3,, NAGPUR

In the result, all the appeals of assessee are allowed as indicated above

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 47(10). However the revision was made on a different ground that the assessee has claimed deduction u/s. 10(33) on positive income and so the loss is not allowable. (8) Similar issue has been dealt by the Hon'ble Mumbai bench in the case of Shri Kirit Vrajlal Babaria vs. DCIT, 43, Mumbai in ITA No.2939/Mum/2009

SHRI SANKET NANDLAL SARAF,,NAGPUR vs. I.T.O. WARD 1(4), NAGPUR

In the result, appeal of the assessee is allowed

43,914/- during AY 2009-10. It was submitted that the assessee was co-owner of land located at Mouza Pasodi, named as Pragati Bhawan with two family members. He has sold land by agreement to sale on for Rs. 51,00,000/- with two co-owners of the property and his share in the property

ITO, WARD- 4,, CHANDRAPUR vs. M/S. K.S.R. TRANSPORT COMPANY,, CHANDRAPUR

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.364/Nag/2019 िनधा"रण वष" / Assessment Year : 2009-10 The Assistant M/S.Ksr Transport, Commissioner Of Income V Padoli Chadda Building, Tax, Chandrapur Circle, S Kosara Road, Chandrapur. Chandrapur. Pan: Aabfk3222D Appellant / Revenue Respondent / Assessee Cross Objection No.02/Nag/2020 (Arising Out Of Ita No.364/Nag/2019) िनधा"रण वष" / Assessment Year : 2009-10 M/S.Ksr Transport, The Assistant Padoli Chadda Building, V Commissioner Of Income Kosara Road, Chandrapur. S Tax, Chandrapur Circle, Pan: Aabfk3222D Chandrapur. Appellant / Assessee Respondent / Revenue Assessee By Shri Mukesh Agrawal – Ar Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 30/11/2023 Date Of Pronouncement 09/01/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Cit(A)-2, Nagpur Dated 28.08.2019 Emanating From

section 50 of the I.T. Act which is worked out as under: Existing liability of the seller : Rs. 6,11,73,521/- Less: WDV of the Vehicles : Rs. 4,68,71,095/- ------------------------ Capital Gains taxable u/s 50 : Rs. 1,43

DY. C.I.T. CIR-.5, NAGPUR vs. M/S AVANTHA HOLDINGS LTD.,, CHANDRAPUR

In the result, appeal filed by the assessee is dismissed

section 40(a)(ia) of I.T. Act 1961 cannot be invoked. The reasons for disallowance given by A.O. is unjustified and has correctly being held by CIT(A) to be not a valid reason for not allowing the claim of deduction. It is also noted that at the time of date of redemption due compliance of tax deducted at source