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

DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCEL-1(2, NAGPUR vs. M/S. VIBRANT GLOBAL CAPITAL LTD., MUMBAI

In the result, appeal filed by the Revenue is dismissed

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

disallowance made under section 14A of the Act. The assessee 3 M/s. Vibrant Global Capital Ltd. ITA no.229/Nag./2022 has not preferred any appeal against the addition upheld by learned CIT(A). The Revenue has preferred appeal in respect to additions deleted in the appeal of the assessee and are enumerated in the grounds of appeal reproduced above

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

VII relating to Government grants provides that all Government grants except relating to depreciable asset shall be recognized as income in accordance with the provisions of the said ICDS. The existing provisions of Explanation 10 to clause (1) of section 43 of the Income-tax Act already contained the guidance for treatment of Government grants relating to acquisition

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

VII relating to Government grants provides that all Government grants except relating to depreciable asset shall be recognized as income in accordance with the provisions of the said ICDS. The existing provisions of Explanation 10 to clause (1) of section 43 of the Income-tax Act already contained the guidance for treatment of Government grants relating to acquisition

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-5, NAGPUR vs. THE NIRMAL UJWAL CREDIT CO-OP SOCIETY LTD, NAGPUR

In the result, appeal for the A

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

10 The Nirmal Ujwal Credit Co–operative Society Ltd. A.Y.2014–15 “Any sum received by the assessee from any of his employee to which the provision of sub-clause(x) of clause (24) of section 2 apply, if such sum is credited by the assesse to the employee‟s account in the relevant fund or funds on or before

VIDHARBHA KONKAN GRAMIN BANK ,NAGPUR vs. INCOME TAX OFFICER WARD 1(5) , NAGPUR

In the result, appeal filed by the assessee for A

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

vii) of clause (a) of sub section 2 of 80P had been given. It clearly meant that, while enacting sections 22 r.ws. 32 of Regional Rural Bank Act, 1976, the Parliament was fully aware of the provisions contained in the newly substituted section 80P, in place of erstwhile regime of granting rebate as had been provided under section

VIDHARBHA KONKAN GRAMIN BANK ,NAGPUR vs. INCOME TAX OFFICER WARD 1(5) , NAGPUR

In the result, appeal filed by the assessee for A

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

vii) of clause (a) of sub section 2 of 80P had been given. It clearly meant that, while enacting sections 22 r.ws. 32 of Regional Rural Bank Act, 1976, the Parliament was fully aware of the provisions contained in the newly substituted section 80P, in place of erstwhile regime of granting rebate as had been provided under section

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

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

disallowance under section 14A at ₹ 15,75,789, though the assessee is not liable for the same. Being aggrieved the assessee preferred appeal before the first appellate authority. 6. During the proceedings before the learned CIT(A), the assessee made a detailed submission which was recorded by the learned CIT(A) in its impugned order vide Page

SUPRIYA PACKAGING PVT LTD,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

SUDARSHAN MOTORS,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, NAGPUR

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

MALANI COMBINES,AKOLA vs. ASSISTANT COMMISSIONER OF INCOME TAX, AKOLA

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

SHAMLAX METACHEM PRIVATE LIMITED,NAGPUR vs. DY. COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

HERD MEDICAL FOUNDATION PVT. LTD.,NAGPUR vs. INCOME TAX OFFICERS, WARD-4(2), NAGPUR

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

STELLAR REFRACTORIES PVT. LTD,NAGPUR vs. THE ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGALORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

MAHAVIR COAL WASHIERS PVT. LTD,NAGPUR vs. ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGLORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y

M/S. KABRA ENGINEERING,CHANDRAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGLORE

In the result, the aforesaid appeals of the assessee are allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

10. ITA no.131/Nag./2021A.Y. 2018–19 07.09.2021 143(1) 11. ITA no.138/Nag./2021A.Y. 2017–18 25.08.2021 154 12. ITA no.139/Nag./2021A.Y. 2019–20 25.08.2021 143(1) 13. ITA no.141/Nag./2021A.Y. 2018–19 25.08.2021 143(1) 14. ITA no.144/Nag./2021A.Y. 2017–18 19.07.2021 143(3) 15. ITA no.145/Nag./2021A.Y. 2019–20 30.09.2021 143(1) 16. ITA no.148/Nag./2021A.Y