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

270A of the Act in terms of provisions of section 270AA(2) on 07/01/2020 by accepting the disallowance and not filing appeal. 3

SANJAY GULABCHAND GUPTA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-4, NAGPUR

In the result, appeal by the assessee stands dismissed

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

disallowed as deduction and added back to the returned income of the assessee. Penalty u/s 270A(9) initiated separately for misreporting of income. 5. After perusal of uploaded documents, the total income of assessee is computed as under:– Amount in (`) Particulars Nil Income as per section 143(1) Addition as discussed in Para–3

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

270A of the I.T. Act has also been initiated separately.” 30. In the first ground of appeal, the assessee has successfully assailed the addition under section 68 of the Act to a substantial level and hence the corresponding interest cannot be held to be unexplained or bogus. The matter has to be directed to be re–examined since

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

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

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

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

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

3) of the Act, the Ld. AO made two additions viz; (a) addition of ₹10 Lakhs arising on account of restricting the claim of exemption of gratuity to ₹10 Lakhs u/c (ii) of section 10(10) of the Act as against the claim of ₹20 Lakhs made in revised ITR. (b) addition of ₹21,550/- being difference of interest income

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

3. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in not condoning the delay in filing appeal. 4. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in confirming the order passed by the learned AO in breach of principle of natural justice. 5. Assessee craves leave

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

3. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in not condoning the delay in filing appeal. 4. Whether in the facts and circumstances of the case, the learned CIT(A) is justified in confirming the order passed by the learned AO in breach of principle of natural justice. 5. Assessee craves leave

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

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

270A have been initiated based on observations, without discussing in details as to whether those observations are justified/correct. 6. THAT Hon' CIT(A) has completely misunderstood the arguments put forward by the assessee and discussed and adjudicated on issues the assessee did not even raise, often attributing statements cooked up by Hon' CIT(A) to the assessee. 7. THAT