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

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 Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

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

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 Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

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

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 Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

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

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 Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

NAGESHWARA CHARITABLE TRUST,NAGPUR vs. INCOME TAX OFFICER, WARD-1, EXEMPTION, NAGPUR

In the result, appeal filed by the assessee is allowed for statistical purposes

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

45,432. The Assessing Officer also noted that the assessee trust has also claimed corpus donation at ` 80,000, which was verified from receipt books. In this regard, the Assessing Officer granted opportunity to the assessee to produce the donors for verification and/or submit the confirmation letters with valid identity proof. The result of enquiry made by the Assessing Officer

NAGESHWARA CHARITABLE TRUST,NAGPUR vs. ITO WD 3, EXEMP, NAGPUR, NAGPUR

In the result, appeal filed by the assessee is allowed for statistical purposes

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

45,432. The Assessing Officer also noted that the assessee trust has also claimed corpus donation at ` 80,000, which was verified from receipt books. In this regard, the Assessing Officer granted opportunity to the assessee to produce the donors for verification and/or submit the confirmation letters with valid identity proof. The result of enquiry made by the Assessing Officer

SHUBHLAXMI LAND DEVELOPERS,NAGPUR vs. INCOME TAX OFFICER WARD 4(5), NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

condone the delay of 52 days in filing the present appeal and admit the same for adjudication on merit. 5. In its appeal, the assessee has raised following grounds:– “1 On the basis of section 43CA of the Income Tax Act 1961 and the facts of the case, the Honourable Commissioner of Income Tax (Appeals), has passed the order

SHAIKH MAHMOOD SHAIKH CHANDA,ACHALPUR vs. ITO WARD-4, AMRAVATI

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Pavan Kumar Gadaleshaikh Mahmood Shaikh Chanda, 4, Ward No.4, Achalpur, Pathrot -444808, ……………. Appellant Maharashtra. Pan – Alipc0613Q V/S Income Tax Officer, Ward–4, ……………. Respondent Aayakar Bhavan, Amravati-444601, Maharashtra. Assessee By: Shri.D.P. Lohiya.A.R. Revenue By :Shri Surjit Kumar Saha.Sr.Dr

Section 69 of the Income Tax Act, 1961, to the total incomeof the appellant, without going into the facts of the case and without giving proper opportunity of being heard in this regards. The additions confirmed are unjustified, unwarranted and excessive. 7. The learned CIT(A) (NFAC) erred in law for not justified in proceedings for confirming the addition made

SHRI JASVINDARSINGH GRURUBAXSINGH JOLLY,NAGPUR vs. INCOME TAX OFFICE, WARD-2(3), NAGPUR

In the result, appeal filed by the assessee is dismissed

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

45,920/- has been raised. Thus, Appellant is compelled to file this appeal before Honourable ITAT. There is a delay of approx 596 days due to this reason. 2. Appellant is a senior citizen, aged approx 70 years and is hardly in a position to walk. He has been hospitalized several times. In fact, appellant had no sons and after

M/S. GAJANAN COTSPIN ,BULDHANA vs. INCOME TAX OFFICER, WARD-2, KHAMGAON

In the result, assessee’s appeal stands allowed

Bench: Shri V. Durga Rao

45 years, r/o Bhattad Gin, Near Bus Stand, Shegaon 444203, occupation business, do hereby solemnly state on oath as follows: 1. That I am managing partner of the firm M/s Shri Gajanan Cotspin situated in Shegaon, District Buldhana. 2. That Income Tax Commissioner of Income Tax (Appeals) Order in case of M/s Shri Gajanan Cotspin has been passed on 31/01/2023

ASHA VINOD TATTE,AMRAVATI vs. INCOME TAX OFFICER, WARD-1, AMRAVATI

In the result, appeal filed by the assessee is allowed

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

condonation of delay is thus unjustified and unwarranted. 4. Order imposing penalty u/s 271D of I.T. Act 1961 is illegal, invalid and bad in law in the absence of any satisfaction in the assessment proceedings in the case of assessee. 5. In levy of penalty u/s 271D on amount of Rs.6,51,000/- includes Rs.6,00,000/- paid by cheque

ASSISTANT COMMISSIONER OF INCOME TAX, NAGPUR vs. M/S. GUPTA METALLICS & POWER LTD, NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

condone the delay and proceed to adjudicate the appeal on merit. 4. Facts in Brief:– The assessee company is engaged in the business of manufacturing of sponge and iron, trading of coal, coal fines, etc. A search and seizure operation under section 132 of the Income Tax Act, 1961 ("the Act") was conducted on 29/07/2009, in the business premises

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 201(3) the Financial Act, 2012. 3. The non–deduction TDS and interest thereon u/s 201(1) and 201(1A) on share application money of Rs.55,89,527/- amounting to Rs.22,45,596/- is incorrect, illegal, bad in law and without natural justice and the same is to be deleted. 4. That the levy of TDS on advance Share

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 201(3) the Financial Act, 2012. 3. The non–deduction TDS and interest thereon u/s 201(1) and 201(1A) on share application money of Rs.55,89,527/- amounting to Rs.22,45,596/- is incorrect, illegal, bad in law and without natural justice and the same is to be deleted. 4. That the levy of TDS on advance Share

M/S NARAYAN BROTHERS,NAGPUR vs. ASSTT. COMMISSIONER FO INCOME TAX CENTRAL CIRCLE 1-(1), NAGPUR

In the result, the appeal of assessee is dismissed

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

45,870/- on 17-11-2004. A search and seizure assessee of Rana-Maven Group, Nagpur on 27-03-2008 u/s. 132(1) of the Act. According to the AO, Xerox copies of the seized documents were provided to assessee on his request on 15-06-2009 and asked the assessee to file return of income vide notice dated

DY. C.I.T. CENTRAL CIR.-1(1), NAGPUR vs. LATE SHRI NARAYANDAS RATHI L/H SHRI ASHOK KUMAR RATHI,, NAGPUR

In the result, the appeal of assessee is dismissed

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

45,870/- on 17-11-2004. A search and seizure assessee of Rana-Maven Group, Nagpur on 27-03-2008 u/s. 132(1) of the Act. According to the AO, Xerox copies of the seized documents were provided to assessee on his request on 15-06-2009 and asked the assessee to file return of income vide notice dated

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

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

section 153D dated 29/09/2021 is in mechanical/routine manner without application of mind by Addl.CIT, which is merely a formality, an empty ritual and as such it leads to flagrant violation of the rules of law. 45. The third contention of the learned A.R. is that while granting such mechanical approval dated 29/09/2021 under section 153D for the assessment year

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

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

section 153D dated 29/09/2021 is in mechanical/routine manner without application of mind by Addl.CIT, which is merely a formality, an empty ritual and as such it leads to flagrant violation of the rules of law. 45. The third contention of the learned A.R. is that while granting such mechanical approval dated 29/09/2021 under section 153D for the assessment year