SANT SHANKAR MAHARAJ AASHRAM,AMRAVATI vs. DCIT ACIT CIR-EXEMP, NAGPUR

In the result, Revenue’s appeal stands dismissed

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

disallowed and added back to the total income of the assessee. Resultantly, penalty proceedings under section 270A of the Act were also initiated in respect of this issue for under reporting of income which is in consequence of misreporting thereof. 4. The assessee filed no reply to the notice dated 23/04/2021, issued under section 270A of the Act to show

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

section 36(1)(iii) in the books of accounts. 28. It is important to appreciate the financial statements, wherein the application of funds, as contained in Page–27 of the Paper Book is also reproduced below for ready reference:– No. of Figures at the end of Current Particulars Schedule Financial year SOURCE OF FUNDS:– Promoter‟s Fund A Promotor

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

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

TERRA INFRA DEVELOPMENT LIMITED,NAGPUR vs. ACIT CIRCLE-3, NAGPUR

In the result, appeal filed by the assessee is allowed

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

disallowance are supported by bona fide explanation. The case of assessee is not underreporting of income in terms of provisions of section 270A(6) of the Act is exigible for imposition of penalty. 8. Per–contra, the learned Departmental Representative relied on the order of the authorities below and prayed that the concurrent findings of the learned CIT(A) need

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

In the result, Department's appeal stands dismissed

disallowed and required to be added back to the total\nincome of the assessee. As per section 10(1) of the I.T. Act, 1961, the\nagriculture income is the income which do not form part of total income and as\nper section 14A(1) of the I.T. Act, 1961 for the purposes of computing the\ntotal income under this Chapter

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S VEDSIDHA PRODUCTS PRIVAT LIMITED, NAGPUR

In the result, appeal filed by the Revenue is allowed

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

disallowance under section 56(2)(viib) of the Act. M/s. Vedsidha Products Pvt. Ltd. ITA no.25/Nag./2020 Share Face Premium Total Capital Share Premium issued Value Per Share 3,12,980 100 – 3,12,98,000 – 35,000 100 450 35,00,000 1,57,50,000 3,47,980 3,47,98,000 1,57,50,000 Aggrieved

SIMA RAVISINGH KACHHAWAH,UMRER vs. ITO WARD 3(4), NAGPUR

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

Bench: Shripavan Kumar Gadalesima Ravisingh Kachhawah, Girad Road, Om Nagar Umrer, ……………. Appellant Nagpur- 441203 Maharastra, Pan – Aqmpk2899K V/S Income Tax Officer ……………. Respondent Ward–3(4), Nagpur Assessee By: Shri.D.P. Lohiya.Ar Revenue By :Shri Surjit Kumar Saha.Sr.Dr

270A(9), and charged interest under Sections 234A and 234B, along with fees under Section 234F of the Act for non-filing of the income tax return under Section 139(1). The same shall be deleted. 15. The learned CIT (A) NFAC has erred in law and acted unjustifiably by confirming the addition made by the Assessing Officer without conducting

RAVINDRA MADHUKAR KHARCHE,NAGPUR vs. ACIT CIRCLE, CHANDRAPUR, CHANDRAPUR

The appeal of the assessee stands ALLOWED

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshali(Virtually From Itat, Pune) आयकर अपील सं. / Ita No. 228/Nag/2023 निर्धारण वर्ा / Assessment Year : 2017-18 Ravindra Madhukar Kharche, 602, Nilgiri Himalaya Empire, Phulmati Layout, Badikheda, Nagpur. Pan: Ackpk1961E . . . . . . . अपीलार्थी / Appellant

1) of section 270A of the Act, refers to the word 'may' and not as ‘shall’. However, the tax authorities below in our considered view were failed to appreciate the facts and circumstance of the present case holistically and further in right spirit of law, but dealt therewith without application of mind and perfunctory imposed / confirmed the penalty @ accelerated rate

PREMJEET SINGH,DABHA NAGPUR vs. ITO WARD 5(3), NAGPUR

In the result, appeal filed by the assessee is allowed

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

1,85,210 and ` 4,98,040 3 Premjeet Singh aggregating to ` 6,83,250. In response, the assessee agreed to the proposed variation. Hence, the Assessing Officer disallowed the above expenses of ` 6,83,250, which was added to the total income of the assessee. Resultantly, the Assessing Officer levied penalty under section 270A

PANHERA GRAMIN BIGARSHETI SAHAKARI PAT SANSTHA MARYADIT,BULDHANA vs. ITO WARD-2, KHAMGAON, KHAMGAON

In the result, assessee’s appeal being ITA no

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

1. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in affirming the levy of penalty of Rs 7,88,502/-. 2. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in affirming the penalty where there is no under-reporting and misreporting of income. 3. Whether

PANHERA GRAMIN BIGARSHETI SAHAKARI PAT SANSTHA MARYADIT,BULDHANA vs. ITO WARD-2, KHAMGAON, KHAMGAON

In the result, assessee’s appeal being ITA no

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

1. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in affirming the levy of penalty of Rs 7,88,502/-. 2. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in affirming the penalty where there is no under-reporting and misreporting of income. 3. Whether

OSHIAN REALTORS INDIA PRIVATE LIMITED,NAGPUR vs. ITO WARD-1(4), NAGPUR

In the result, appeal stands partly allowed

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

1) and discussed irrelevant matters instead. 4. THAT having regard to the facts and circumstances of the case, Hon' CIT(A) has upheld the disallowance of Rs. 7,76,408 claiming that the assessee has provided no evidence, when substantial and sufficient evidence was provided. 5. THAT Hon' CIT(A) has ignored decision on the justifiability of proceedings u/s 271AAC/271D