SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. INCOME TAX OFFICER (EXEMPTION) -4, NAGPUR, NAGPUR

In the result, appeal filed by the assessee is in ITA No

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

delay is condoned and the appeal is admitted to be heard on ground of merits. 6. The brief facts of the case are that the assessee is a charitable trust, registered under Society Registration Act, 1860 in the office of Charity Commissioner, Wardha. The assessee filed return of income for the A.Y 2015-16 on 31.03.2017 declaring total income

SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. INCOME TAX OFFICER (EXEMPTION) - 4, NAGPUR, NAGPUR

In the result, appeal filed by the assessee is in ITA No

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

delay is condoned and the appeal is admitted to be heard on ground of merits. 6. The brief facts of the case are that the assessee is a charitable trust, registered under Society Registration Act, 1860 in the office of Charity Commissioner, Wardha. The assessee filed return of income for the A.Y 2015-16 on 31.03.2017 declaring total income

SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE AT NGP, NAGPUR

In the result, appeal filed by the assessee is in ITA No

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

delay is condoned and the appeal is admitted to be heard on ground of merits. 6. The brief facts of the case are that the assessee is a charitable trust, registered under Society Registration Act, 1860 in the office of Charity Commissioner, Wardha. The assessee filed return of income for the A.Y 2015-16 on 31.03.2017 declaring total income

MAYUR KHARA,YAVATMAL vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, NAGPUR

In the result, Both the appeals of above mentioned assessee’s are allowed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2016-17 Shri Mayur Khara Vs. The Pcit Datta Chowk Nagpur-2 Yavatmalm 445 001 (Maharastra) Pan No.:Abwpk 8869 N Appellant Respondent Assessment Year: 2016-17 Shri Amit Khara Vs. The Pcit Datta Chowk Nagpur-2 Yavatmalm 445 001 (Maharastra) Pan No.:Abwpk 8868 P Appellant Respondent Assessee By: Shri Mahavir Atal, Ca Revenue By :Shri Piyush Kolhe (Cit-Dr) Date Of Hearing: 28/04/2022 Date Of Pronouncement: 28 /06 /2022 Order Per: Sandeep Gosain, J.M. Both These Appeals Have Been Filed By The Above Mentioned Assessees Against Two Different Orders Passed U/S 263 Of The Act By The Ld. Pr.Cit, Nagpur- 2 Dated 17-02-2017 & 16-02-20217 For The Assessment Year 2016-17 Respectively. The Grounds Of Raised By The Above Mentioned Assessees Are As Under:-

108(Bom)(HC) wherein it was held that what constitutes an erroneous order is one which is not in accordance with law or one which is carried out in undue haste. It was held that the Commissioner cannot substitute his opinion for that of the AO. That the order needs to be erroneous for the Commissioner to exercise his power

SUDAM KISANRAO WANI,NAGPUR vs. ITO WARD 3(1), NAGPUR

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

Bench: Shri Pavan Kumar Gadalesudam Kisanrao Wani, Plot No.86A, Vitthal Nagar–Ii Hudkeshwar, Maiginagar ……………. Appellant Nagpur -440 034, Maharashtra. Pan- Aaypw9239K V/S Income Tax Officer ……………. Respondent Ward–3(1), Nagpur Assessee By: Shri.Naresh Jakhotia.A.R. Revenue By : Shri.Surjit Kumar Saha.Sr.Dr

section 144 of the Act and made addition of fixed deposits as unexplained investments u/sec 69 of the Act Rs.20,03,100/- and similarly interest income of Rs.1,25,251/- under the income from other sources and assessed the total income of Rs.24,51,811/- and passed the order u/sec 147 r.w.s. 144 of the Act dated 15/01/2024. Aggrieved

GAJANAND FINANCIAL CONSULTANCY PRIVATE LIMITED,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) NAGPUR, NAGPUR

In the result, assessee’s appeal is allowed

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

condone the delay of 267 days in filing the present appeal and admit the same for adjudication on merit, as no mala fide intention can be ascribed to the assessee. 5. Facts in Brief:– The assessee is a Company engaged in financial activities. The assessee, on 30/09/2013, filed its return of income for the year under consideration declaring total loss

FATTESING PUNAJI DHABRE,NAGPUR vs. PRINCIPAL COMMISSIONER INCOME TAX – 2, NAGPUR

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Fattesing Punaji Dhabre Pcit – 2, Nagpur Plot No. 132, Chandan Nagar, Post Vs Aayakar Bhawan, Civil Lines, Hanuman Nagar, Nagpur, Maharashtra – 440001. Maharashtra – 440009. [Pan: Bacpd6505Q] Appellant / Assessee Respondent / Revenue Assessee By Shri Madhav Vichare, Ca Revenue By Shri Pankaj Kumar, Cit–Dr Date Of Hearing 17.02.2026 Date Of Pronouncement 24.02.2026 Order Under Section 254(1) Of Income Tax Act

section 263. To support his various view on merit, the ld. AR relied upon the following decision:  CIT vs Sunbeam Auto [(332 ITR 167 (Del)]  CIT vs Gabriel India Ltd. [(1993) 203 ITR 108 (Bombay)] 8 Fattesing Punaji Dhabre  PCIT vs Delhi Airport Metro Express Private Limited [ITA 705/2017] [(2017) 398 ITR 8 (Del)]  Amira Pure Foods vs The PCIT

MAHATMA FULEY GRAMIN BIGAR SHETI SAHKARI PAT SANSTHA,KARAJGAON vs. ITO, WARD 3, AMRAVATI

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

Bench: Shri Pavan Kumar Gadalemahatma Fuley Gramin Bigar Sheti Sahakari Pat Sanstha, Karajgaon Taluka, Anjangaon Surji ……………. Appellant Amravati-444805, Maharashtra. Pan–Aabam2153Q V/S Income Tax Officer ……………. Respondent Ward–3, Saturna, Amravati-444601, Maharashtra. Assessee By : Shri Ratan Sharma. A.R. Revenue By : Shri Surjit Kumar Saha. Sr. D.R.

108 days in filing the appeal before the Hon’ble Tribunal and the assesse has filed an application and affidavit for condonation of delay explaining the sufficient cause. Whereas the facts mentioned in the Affidavit are reasonable and the learned D.R. has no specific objections. Accordingly, the delay is condoned and the appeal is admitted. 3. The Brief facts

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

108 PAN – AABCI0704R v/s Asstt. Commissioner of Income Tax (TDS) ……………. Respondent Circle–51(1), Nagpur / DCIT / ACIT, Circle–3, Nagpur Assessee by : Shri R.K. Ganeriwal Revenue by : Shri Abhay Y. Marathe Date of Hearing – 19/09/2024 Date of Order – 23/09/2024 O R D E R PER K.M. ROY, A.M. The present appeals have been filed by the assessee challenging the impugned

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

108 PAN – AABCI0704R v/s Asstt. Commissioner of Income Tax (TDS) ……………. Respondent Circle–51(1), Nagpur / DCIT / ACIT, Circle–3, Nagpur Assessee by : Shri R.K. Ganeriwal Revenue by : Shri Abhay Y. Marathe Date of Hearing – 19/09/2024 Date of Order – 23/09/2024 O R D E R PER K.M. ROY, A.M. The present appeals have been filed by the assessee challenging the impugned

DR. PANJABRAO DESHMUKH KRISHI VIDYAPEETH KARMCHARI SAHAKARI PAT SANSTHA MARYADIT ,AKOLA vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1 , NAGPUR

The appeal of the appellant is allowed

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 222/Nag/2018 आयकर धनिाारण वर्ा / Assessment Year : 2013-2014 Dr Panjabrao Deshmukh Krishi Vidyapeeth Karmchari Sahakari Path Sanstha Akola. (Maharashtra) Pan : Aaaad 3455 D . . . . . . . अपीलार्थी / Appellant बनाम / V/S. Pr Commissioner Of Income Tax-1, Aayakar Bhavan, Nagpur – 440 001 (Mh) . . . . . . . प्रत्यर्थी / Respondent }Kjk / Appearances Assessee By : Shri P.K. Dewani Revenue By : Shri Pradeep Headoo सुनवाई की तारीख / Date Of Conclusive Hearing : 15/02/2022 घोषणा की तारीख / Date Of Pronouncement : 28/04/2022 आदेश / Order Per Jamlappa D Battull, Am; Against The Revisionary Order Of Principal Commissioner Of Income Tax-1, Nagpur [For Short “Pcit”] Dt. 31/03/2018 Passed U/S 263 Of The Income- Tax Act, 1961 [For Short “The Act”], Which In Turn Dived Out Of Regular Assessment Order Dt. 10/08/2015 Passed U/S 143(3) Of The Act By The Income Tax Officer-Ward-1, Akola [For Shot “Ao”], The Appellant Assessee Filed This Appeal Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Nagpur Page 1 Of 12

condones the delay. 5. Concisely stated the facts of the case are; 5.1 The assessee is a registered employee Credit Co-operative society formed and registered under the provisions of Maharashtra State Co-Operative Societies Act, 1960 and engaged in the business of providing credit facilities to exclusively its members who are the employee of Dr Panjabrao Deshmukh Krushi Vidyapeeth

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

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. 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

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