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

115.\n5. The assessee made investment in shares amounting to ₹ 20,61,59,037. The assessee has borrowed fund of ₹12,89,09,181, on which interest amounting to ₹ 17,07,742, has been paid. The assessee received dividend amounting to ₹ 48,899, which was claimed exempt under section 10(34) of the Act and claimed expenditure

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

disallowance under s. 14A was not sustainable. In view of the fact claim made by the assessee is true and correct and same may kindly be allowed.” 7. We have heard the rival contention of both the parties; perused material placed on record and duly considered the facts of the case in the 17 Shri Nandkumar Khatumal Harchandani ITA no.410/Nag

NITIN MADANLAL KHANDELWAL,AKOLA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - AKOLA, AKOLA

In the result, appeal filed by the assessee stands dismissed

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

disallowed. The assessee furnished a list of 39 unsecured loans persons with names only, no/details of amount of loans, interest furnished. The assessee filed confirmations of 20 persons. The assessee was asked to furnish the copy of Balance Sheet at 31/03/2013 and 31/03/2014 which was not furnished by the assessee. In the absence of Balance Sheet, the Assessing Officer could

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

disallowed in the subsequent years. The issue of initial year of the industrial unit was subject to litigation in the case of assessee herself and I find that the claim of the appellant has been duly accepted by the appellate authorities. There being no contrary evidence, I hold that the initial assessment year of the new industrial unit

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

disallowed in the subsequent years. The issue of initial year of the industrial unit was subject to litigation in the case of assessee herself and I find that the claim of the appellant has been duly accepted by the appellate authorities. There being no contrary evidence, I hold that the initial assessment year of the new industrial unit

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

disallowed in the subsequent years. The issue of initial year of the industrial unit was subject to litigation in the case of assessee herself and I find that the claim of the appellant has been duly accepted by the appellate authorities. There being no contrary evidence, I hold that the initial assessment year of the new industrial unit

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

disallowed in the subsequent years. The issue of initial year of the industrial unit was subject to litigation in the case of assessee herself and I find that the claim of the appellant has been duly accepted by the appellate authorities. There being no contrary evidence, I hold that the initial assessment year of the new industrial unit

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

disallowed in the subsequent years. The issue of initial year of the industrial unit was subject to litigation in the case of assessee herself and I find that the claim of the appellant has been duly accepted by the appellate authorities. There being no contrary evidence, I hold that the initial assessment year of the new industrial unit

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

disallowed in the subsequent years. The issue of initial year of the industrial unit was subject to litigation in the case of assessee herself and I find that the claim of the appellant has been duly accepted by the appellate authorities. There being no contrary evidence, I hold that the initial assessment year of the new industrial unit

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

disallowed the claim of the appellant under section 54F holding that the appellant owned more than one residential house, other than the new asset, on the date of transfer of the original asset. Shri Jeetendra Chandrakant Nayak vs. ACIT (OSD) ITA no. 368/Nag./2023 a. Kitchen Ota & Plumbing b. Floor Tiles fitting & washing basin in master bedroom toilet c. Approach

RAVINDRA MADANLAL KHANDELWAL,AKOLA vs. DCIT/ACIT CIRCLE , AKOLA

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

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

115 ITR 519 (SC). In the present case, the assessee has made an investment in a related company and the resultant income in the form of a dividend income, interest income or directors’ remuneration fall within the head of “income from other sources”. Therefore, for claiming deduction under section 57(iii) of the Act, it would be sufficient to prove

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

disallowed. Being aggrieved, the assessee preferred an appeal before the Com- missioner of Income-tax (Appeals), who agreed with the Assessing Officer and, accordingly, took the view that once the management in its books spread over the amount of Rs. 10,02,23,735 over a period of 60 months then, the Department was right in not giving the full

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

disallowed. Being aggrieved, the assessee preferred an appeal before the Com- missioner of Income-tax (Appeals), who agreed with the Assessing Officer and, accordingly, took the view that once the management in its books spread over the amount of Rs. 10,02,23,735 over a period of 60 months then, the Department was right in not giving the full

ASSISTANT COMMISSIONER OF INCOME TAX, NAGPUR vs. M/S. BILT GRAPHIC PAPER PRODUCTS LIMITED , GURGAON

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2011-12 The Acit Vs. M/S.Bilt Graphic Paper Products Ltd. Circle-5 First India Place, Tower ‘C’, Mehrauli – Gurgaon Nagpur Road, Gurgaon-Haryana 122 022 Pan No.:Aadcb 2230 M Appellant Respondent Assessee By: Shri K.P. Dewani Adv. 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. This Is An Appeal By Revenue Against Order Of Learned Commissioner Of Income Tax (Appeals)-4, Nagpur For Assessment Year 2011-12 Dated 30.03.2017 In Appeal No Cit(A)-4/59/15-16. Grounds Of Appeal Of Revenue For Assessment Year 2011-12 Are As Under :

disallowed. We therefore uphold the order of learned CIT(A) on this issue. In view of above ground of appeal of revenue is dismissed. 23. In Ground No.7 of appeal revenue has challenged the relief granted by learned CIT(A) at Rs.28,42,41,299/- by holding that sales tax incentive be 28 ACIT CIRCLE-5, NAGPUR VS M/S. BILT

ASSISTANT COMMISSIONER OF INCOME TAX AKOLA CIRCLE , AKOLA vs. AKOLA URBAN CO-OPRATIVE BANK LTD , AKOLA

In the result, appeal filed by the Revenue is dismissed

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

disallowing the loss suffered in the transaction. Reversing the order of the FAA, we decide Ground no.8 in favour of the assessee. 5.3.3 It is observed that the facts of the present case are similar to the above referred case wherein the Hon ITAT has held in at para 13.3 of the above-referred order that it is the substance

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S. FUELCO COAL INDIA LTD., NAGPUR

Appeal of the Revenue is dismissed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

disallowed Rs 11,30,384/- under section 14A of the Act. There is no adverse comment made by the AO in this scrutiny assessment order regarding the investments made by M/s Saphire Marketing Pvt Ltd in the shares of various companies. In fact, the sale of shares held as investment by M/s Saphire Marketing Pvt Ltd and its investment

SUNRISE STRUCTURALS & ENGINEERING PVT LTD,NAGPUR vs. ASSISTANT/ DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4 NAGPUR, NAGPUR

In the result, appeal filed by the assessee stands allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Roysunrise Structural & Acit/Dcit, Circle-4, Engineering P. Ltd., A10, Vs Nagpur Hingna Midc, Nagpur (Urban), Nagpur-440016 Pan : Aaccs 3220 M Assessee Respondent Assessee By : Shri K.P. Dewani, Advocate Revenue By : Shri Surjit Kumar Saha, Sr. Dr Date Of Hearing : 25.02.2026 Date Of Pronouncement : 10.04.2026 O R D E R

115) [Vol.- III] iv) 422 ITR 520 (Bom) PCIT vs. Vaman International Pvt. Ltd. (P- 116 – 123) (123) [Vol.- III] v) (2019) 104 taxmann.com 216 (Bom.) South Yarra Holdings vs. ITO (P- 167 – 170) (170) [Vol.- II] F) Invocation of section 147 of I.T. Act 1961 (amended) is strictly contingent upon the existence of actual escapement of income chargeable

VASUNDHARA BAHUUDESHIYA SAMAJIKK SANSTHA,KHAMGAON vs. COMMISSIONER OF INCOME TAX (EXEMPTION), NAGPUR

In the result, this appeal of the assessee stands allowed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2015-16 Vasundhara Bahuudeshiya Vs. C.I.T.(Exemptions) Samajik Sanstha, Pune At Nagpur. 1, Vasundhara, Madhav Nagar, Khamgaon-444303. Pan No.: Aaabv 0305 P Appellant Respondent Assessee By: Shri Mahavir Atal (Ca) Revenue By : Shri Piyush Kolhe (Cit-Dr) Date Of Hearing: 27/04/2022 Date Of Pronouncement: 28/06 /2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. C.I.T.(Exemptions), Pune At Nagpur Dated 23/03/2021 Passed U/S 263 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2015-16 Wherein Following Grounds Have Been Raised By The Assesee. “1. Whether The Revision Order Passed By The Ld. Pr.Cit By Taking A Recourse To Section 263 Is Illegal & Bad In Law, When The A.O. Has Made Sufficient Enquiries During The Assessment Procedure. 2. Whether The Revision Order Passed By The Ld. Pr.Cit, Without Considering Appellant’S Submission Is Illegal & Bad In Law. 3. Whether The Revision Order Passed By The Ld. Pr.Cit Even Though If It Is Termed As Erroneous But It Is Not Prejudicial To The Interest Of Revenue. As The Donation Has Been Duly Disclosed By The Appellant In Their

115 donors, who have responded to the notices 13 donors have denied the transactions. Therefore, percentage wise 11.94% of the donors have denied the transaction. The A.O. applied 11.94% on the total donations and made a total disallowance of 14,72,083/- (1,23,29,000 X 11.94%) and all these facts are mentioned in Para 5 of the assessment

SYED NAZIM MOINUDDIN QUAZI,NAGPUR vs. ITO WARD 2(3), NAGPUR, NAGPUR

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

Bench: Shri Pavan Kumar Gadalesayed Nazim Maoinuddin Quazi, Pltono.11–A & House Noquadri Enclave, Opp. Suri Laws Behind Police Line Takli ……………. Appellant Nagpur 440 013, Maharashtra. Pan–Aaapq2442A V/S Income Tax Officer ……………. Respondent Ward–2(3), Nagpur, Maharashtra. Assessee By:Ms.Alfiya Rozie, A.R. Revenue By :Shri Surjit Kumar Saha, Sr.Dr

section 143(3)r.w.s144 and u/sec 250 of the Income Tax Act, 1961 (for short "the Act"). The assessee has raised the following grounds of appeal:– “1. Whether on the facts and circumstances of the case, the learned CIT (Appeals) was justified in affirming the additions made by the learned AO pertaining to addition of the entire sale consideration