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

12 Jaymahakali Shikshan Sanstha A.Y. 2017–18, 2018–19 & 2019–20 the said land. The assessee said transaction of ` 3 crore, which was made by account payee cheques is reflected in Schedule–H of the Balance Sheet. The Assessing Officer, on a perusal of Page–3 to 9 of the impounded documents marked as Annexure–B/4, noted that there

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

12 Jaymahakali Shikshan Sanstha A.Y. 2017–18, 2018–19 & 2019–20 the said land. The assessee said transaction of ` 3 crore, which was made by account payee cheques is reflected in Schedule–H of the Balance Sheet. The Assessing Officer, on a perusal of Page–3 to 9 of the impounded documents marked as Annexure–B/4, noted that there

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation has been squarely decided by Hon’ble Bombay High court in assessee’s 14 Smt. AanjuSaraf sister concern’s case in M/s. R.B. Seth, Shriram Narsingdas v/s CIT, vide Income Tax AppealsNo.21& 22 of 2011, order dated 18thJuly 2017 for the assessment year 2006-07 and 2007-08 respectively, observed as under:- “12. In the present case

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation has been squarely decided by Hon’ble Bombay High court in assessee’s 14 Smt. AanjuSaraf sister concern’s case in M/s. R.B. Seth, Shriram Narsingdas v/s CIT, vide Income Tax AppealsNo.21& 22 of 2011, order dated 18thJuly 2017 for the assessment year 2006-07 and 2007-08 respectively, observed as under:- “12. In the present case

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation has been squarely decided by Hon’ble Bombay High court in assessee’s 14 Smt. AanjuSaraf sister concern’s case in M/s. R.B. Seth, Shriram Narsingdas v/s CIT, vide Income Tax AppealsNo.21& 22 of 2011, order dated 18thJuly 2017 for the assessment year 2006-07 and 2007-08 respectively, observed as under:- “12. In the present case

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation has been squarely decided by Hon’ble Bombay High court in assessee’s 14 Smt. AanjuSaraf sister concern’s case in M/s. R.B. Seth, Shriram Narsingdas v/s CIT, vide Income Tax AppealsNo.21& 22 of 2011, order dated 18thJuly 2017 for the assessment year 2006-07 and 2007-08 respectively, observed as under:- “12. In the present case

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation has been squarely decided by Hon’ble Bombay High court in assessee’s 14 Smt. AanjuSaraf sister concern’s case in M/s. R.B. Seth, Shriram Narsingdas v/s CIT, vide Income Tax AppealsNo.21& 22 of 2011, order dated 18thJuly 2017 for the assessment year 2006-07 and 2007-08 respectively, observed as under:- “12. In the present case

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

depreciation has been squarely decided by Hon’ble Bombay High court in assessee’s 14 Smt. AanjuSaraf sister concern’s case in M/s. R.B. Seth, Shriram Narsingdas v/s CIT, vide Income Tax AppealsNo.21& 22 of 2011, order dated 18thJuly 2017 for the assessment year 2006-07 and 2007-08 respectively, observed as under:- “12. In the present case

JEETENDRA CHANDRAKANT NAYAK,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOM TAX(OSD), NAGPUR

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

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

depreciation under Section 32 of the Act. Because of this judgment, the legislature had to amend the provisions of Section 32 with effect from 1.4.1997 by using the expression “owned wholly or partly”. So the word “own” would not include a case where a residential house is partly owned by one person or partly owned by other person(s). After

VISHAL KISHORILAL JAIN,NAGPUR vs. DCIT/ACIT CIRCLE-4, NAGPUR

In the result, assessee’s appeal for A

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

depreciation allowance or any other allowance or deduction for such assessment year and for which a prior notice under Section 148 would be required to be issued. Section 147 does not contemplate an eventuality which Section 153A or Section 153C contemplates, the basis of which is inter alia a search action under Section 132 being resorted as noted hereinabove. Thus

BUCCS LTD. AND NBC AND JV,BULDHANA vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

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

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

section 143(2) and 142(1) of the Income Tax Act, 1961 (“the Act”) were issued to the assessee. The assessee debited the amortization expenses due to road construction of ` 7,92,63,747. Out of the total revenue, the receipt of ` 12,99,35,303, was from toll collection and road crossing income. As per the clarification

ACIT ,CIRCLE (EXEMPTION ),NAGPUR , NAGPUR vs. M/S SIPNA SHIKSHAN PRASARAK MANDAL ,AMRAVAI , AMRAVATI

In the result, the appeal filed by the Department is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2013-14 The Acit, Vs. M/S. Sipnashikshan Prasarak Mandal Circle (Exemption), Badnera Road Amravati Amravati Pan No.:Aacts 1266 J Appellant Respondent Revenue By :Shripiyushkolhe (Cit-Dr) Assessee By: Shrihimeshdemble (Ca) Date Of Hearing: 26/04/2022 Date Of Pronouncement: 28/06/2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Department Against The Order Of The Ld. Cit (A)-4, Nagpur Dated 27/03/2017 Passed U/S 143(3) Of The Income Tax Act, 1961 For The A.Y. 2013-14 Wherein The Department Has Raised The Following Grounds Of Appeal.

12 ACIT, CIR (EXEMPTION), NAGPUR VS SIPNA SHIKSHAN PRASARAK MANDAL, AMRAVATI amounted in serious flaw which make impugned order nullity as it amounted to violation of principles of natural justice. “ I find that as per assessment order out of total of 25 letters sent u/s. 133(6) of the I.T. Act, three donors have denied giving donations to the appellant

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4,, NAGPUR vs. SONU MONU AGRO PRIVATE LIMITED, NAGPUR

In the result, Department's appeal stands dismissed

12,90.80.355/- and\nproportionate portion of depreciation of Rs 4,20,23,114/- is accepted.\n2. The Hon'ble Supreme Court in the case of CIT Vs. Raja Benoy Kumar\nSahas Roy (1957) [32 ITR 466] held that, income derived from some measure\nof cultivation of land with some expenditure of human skill and labour, renders\nthe profit derived from

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

depreciation debited to the profit and loss account can be excluded in terms of clause (i) of the Explanation to sub-section (2) of section 115JB of the Act read with proviso considered the object of inserting clauses (i) to (vii) of the Explanation to the said section. The Supreme Court held that the object of clause

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

depreciation debited to the profit and loss account can be excluded in terms of clause (i) of the Explanation to sub-section (2) of section 115JB of the Act read with proviso considered the object of inserting clauses (i) to (vii) of the Explanation to the said section. The Supreme Court held that the object of clause

ASSISTANT COMMISSIONER OF INCOME TAX , AKOLA CIRCLE , AKOLA vs. THE BULDHANA DISTRICT CENTRAL CO-OP BANK LIMITED , BULDHANA

In the result, appeal filed by the revenue is dismissed

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

depreciation of ` 32,80,263. The return of income was processed under section 143(1) of the Income Tax Act, 1961 ("the Act") on 11/01/2012 and selected for scrutiny. The assessment was made on total loss of ` 2,44,14,471, by making addition of ` 2,91,38,000, on account of deduction of excess overdue provision

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

Section 153A of the Income- tax Act, 1961? 2. On the facts and circumstances of the case, the learned CIT(A) has erred in deleting the addition made on account of an agriculture income, amounting Rs. 1,61,800/-. 3. On the facts and circumstances of the case, the learned CIT(A) has erred in deleting the disallowance made

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

Section 153A of the Income- tax Act, 1961? 2. On the facts and circumstances of the case, the learned CIT(A) has erred in deleting the addition made on account of an agriculture income, amounting Rs. 1,61,800/-. 3. On the facts and circumstances of the case, the learned CIT(A) has erred in deleting the disallowance made

THE AMRAVATI PEOPLE CO-OP BANK LTD ( NOW MERGED IN THE COSMOS CO-OP BANK LTD),AMARAVATI vs. D.C.I.T. AMRAVATI CIRCLE, AMARAVATI

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकरअपीलसं. / Ita No. 309/Nag/2015 "नधा"रणवष" / Assessment Year : 2008-09 The Amravati Peoples Co-Op. Bank Limited (Now Merged In The Cosmos Co-Op. Bank Ltd.) C/O. Cosmos Co-Op Bank Ltd. Jawahar Road, Amravati-444601. Pan : Aaact5899B .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Amravati Circle, Amravati. ……""यथ" / Respondent Assessee By : Shri S.G. Gandhi, Ar Revenue By : Smt. Agnes P. Thomas, Dr सुनवाईक"तार"ख / Date Of Hearing : 18.02.2022 घोषणाक"तार"ख / Date Of Pronouncement : 09.05.2022

depreciation allowance, in the following manner, to the extent available" is as under:- Asst. Year Remarks S. Nature of Amount as Amount as No. loss/allowance ( returned (in assessed ( give rupees) in rupees) reference to relevant order) 1. 2002-03 Business loss 28858541 Not available 98748798 2. 2004-05 Business loss 36762850 -Do- 3479468 Total 10,22,28,266/- The assessment