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

money has been done through banking channel.  There is no evidence on records nor any finding by the AO in the assessment order that the brokers through whom the Appellant has carried out share transactions are involved in the price rigging of these shares.  There is no evidence on records nor any finding by the AO in the assessment order

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

money has been done through banking channel.  There is no evidence on records nor any finding by the AO in the assessment order that the brokers through whom the Appellant has carried out share transactions are involved in the price rigging of these shares.  There is no evidence on records nor any finding by the AO in the assessment order

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 to avoid paying taxes and have also been forwarded the details of transactions entered into by the assessee. The learned assessing officer has not any provided the details forwarded by Investigation Wing, Kolkatta as well as statement of persons, whose statement were recorded during the course of investigation made by the Pr. Director of Income Tax (Investigation

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

capital gain and to avoid paying taxes and have also been forwarded the details of transactions entered into by the assessee. The learned assessing officer has not any provided the details forwarded by Investigation Wing, Kolkatta as well as statement of persons, whose statement were recorded during the course of investigation made by the Pr. Director of Income Tax (Investigation

RAJESH SARDA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), NAGPUR

In the result, the addition of undisclosed income under section 68 is deleted

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Rajesh Sarda, Acit, Central Circle – 2(2), Nagpur 14, Daga Lay–Out, Ambazari Road, Vs Aayakar Bhawan, Civil Lines, Nagpur – 440033. Maharashtra – 440001. [Pan: Ahaps4925M] Appellant / Assessee Respondent / Revenue Assessee By Shri K.P. Dewani, Advocate Revenue By Shri Pankaj Kumar, Cit–Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 24.02.2026 Order Under Section 254(1) Of Income Tax Act

gain on sale of shares of Kailash Auto Finance Ltd. and Premier Capital Services Ltd. is genuine, the assessee has Rajesh Sarda (AY2015-16) ITA 44/Nag/2022 furnished complete documentary evidence during the assessment which includes Sauda Summary Report, copy of client ID, allotment letter of shares, consent letter of assessee, contract notes of Premier Capital Securities Ltd., purchase of share

DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. SHRI SANJAY GAURISHANKAR AGRAWAL , NAGPUR

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

capital gain. v) During the course of investigation conducted at Kolkata, in the case of the assessee, it was found that certain exit operators have admitted that they were involved in the activity of giving bogus LTCG through different paper companies and that they have used the scrip viz. Essar (India) Ltd. for the purpose of giving such bogus entries

PRITAM SINGH CHARAN SINGH GUJJAR,NAGPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4,, NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

money other than the sale consideration. The argument raised is not valid and is dismissed. 5.4 The next argument is that the difference of Rs 3,22,000 is less than 10% and hence no addition must be made. The appellant has quoted various case laws. ITA No. 7545/Mumbai/2014 (ITAT Mumbai)M/s. John Fowler (India) Pvt. Ltd. Vs. Deputy Commissioner

SHREE MAYA REAL ESTATE PVT. LTD.,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR

In the result, appeal filed by the assessee is allowed

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

unexplained investment in house construction on the ground that the difference between the figure shown by the assessee and the figure of the DVO is hardly 10 percent. 15. Similarly, we find that the Pune Bench of the Tribunal in the case of ITO V/s. Kaaddu Jayghosh Appasaheb, vide ITA No.441/PN/2004 for the asst. yr 1992-1993 and relied

SHREE MAYA REAL ESTATE PVT. LTD.,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR

In the result, appeal filed by the assessee is allowed

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

unexplained investment in house construction on the ground that the difference between the figure shown by the assessee and the figure of the DVO is hardly 10 percent. 15. Similarly, we find that the Pune Bench of the Tribunal in the case of ITO V/s. Kaaddu Jayghosh Appasaheb, vide ITA No.441/PN/2004 for the asst. yr 1992-1993 and relied

MINAKSHI SATISH NIMODIA,NAGPUR vs. INCOME TAX OFFICER WARD 1(4), NAGPUR, NAGPUR

In the result, appeal of the assessee is allowed

Bench: Shri V. Durga Rao

unexplained money u/sec.69A of the Act; differential amount of capital gain addition of Rs.29,000/- u/sec.50C of the Act and addition

DY. C.I.T. CENTRAL CIR2(2), NAGPUR vs. M/S SHREE AGRAWAL COAL INDIA PVT. LTD.,, NAGPUR

In the result, Revenue’s appeal being ITA no

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

gain on shares held as taxable, without discussing anything on merit.. 7. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in deleting the addition made by the Assessing Officer of Rs.58,53,382/- on account of credits in capital account, without discussing anything on merit

A,C.I.T. CENTRAL CIR.- 2(2), NAGPUR vs. SHRI DHARAMPAL R.AGRAWAL, NAGPUR

In the result, Revenue’s appeal being ITA no

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

gain on shares held as taxable, without discussing anything on merit.. 7. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in deleting the addition made by the Assessing Officer of Rs.58,53,382/- on account of credits in capital account, without discussing anything on merit

VANITA PRADEEP AGARWAL,NAGPUR vs. INCOME TAX OFFICER WARD-1(1), NAGPUR

In the result, appeal of the Assessee is allowed for the limited purpose of clarification

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy

capital gain, however, made the addition of ₹ 20,80,000/– on account of unexplained money u/sec. 69A of the Act. The Ld. PCIT

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

unexplained income. 8.9 The appellant has also very rightly pointed out the application of proviso to section 68 which creates the obligation on the issuing company to explain the source when the amount credited pertains to share application money, share capital, share premium or any such amount by whatever name called. The proviso does not apply to unsecured loans

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER , NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

unexplained income. 8.9 The appellant has also very rightly pointed out the application of proviso to section 68 which creates the obligation on the issuing company to explain the source when the amount credited pertains to share application money, share capital, share premium or any such amount by whatever name called. The proviso does not apply to unsecured loans

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1),NAGPUR, NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

unexplained income. 8.9 The appellant has also very rightly pointed out the application of proviso to section 68 which creates the obligation on the issuing company to explain the source when the amount credited pertains to share application money, share capital, share premium or any such amount by whatever name called. The proviso does not apply to unsecured loans

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

unexplained income. 8.9 The appellant has also very rightly pointed out the application of proviso to section 68 which creates the obligation on the issuing company to explain the source when the amount credited pertains to share application money, share capital, share premium or any such amount by whatever name called. The proviso does not apply to unsecured loans

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

unexplained income. 8.9 The appellant has also very rightly pointed out the application of proviso to section 68 which creates the obligation on the issuing company to explain the source when the amount credited pertains to share application money, share capital, share premium or any such amount by whatever name called. The proviso does not apply to unsecured loans