DCIT, CIRCLE-2, NAGPUR, NAGPUR vs. NARESH LAXMINARAYAN GROVER, NAGPUR

In the result, all these three appeals for the A

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

short term capital gain considered to be not genuine. 5. During first appeal proceedings, the learned CIT(A) granted relief by holding as follows:– “5.1.2. Thus, on perusal of submissions made by the Appellant and the assessment order, following undisputed facts emerge:  The Appellant has bought and sold these 03 scrips on BSE.  These shares have been delivered

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

short-term and long-term capital gains from transactions in shares having been allowed on identical facts in earlier assessment year, could not be disallowed

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

short-term and long-term capital gains from transactions in shares having been allowed on identical facts in earlier assessment year, could not be disallowed

SUSHILA BHAURAO DESHMUKH,AMRAVATI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is allowed

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

gains received or accruing as a result of the transfer of the original asset; (b) "long-term specified asset" for making any investment under this section during the period commencing from the 1st day of April, 2006 and ending with the 31st day of March, 2007, means any bond, redeemable after three years and issued on or after

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

short the Act) were issued and complied with. In the assessment completed under section 143(3) of the Act on 31-12-2018, the learned assessing officer disallowed the claim of the assessee for deduction under section 54F of the Act against the capital gain on transfer of long term

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 the claim under section 54F of the Act on the following reasons:– “…….. It can be seen that: 3 Sanjay Gulabchand Gupta ITA no.210/Nag./2023 1. The land use as per sanction development plan was for commercial purpose. Therefore the first and foremost question regarding the admissibility of the provisions of Section 54F in ay 2017-18 and of Section

M/S SHREE TRADERS ,BULDHANA vs. ASSISTANT COMMISSIONER OF INCOME TAX, AKOLA CIRCLE, AKOLA

In the result, the appeal of assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

Short Term Capital Gain. The AO asked the assessee why the claim of set off of business loss should not be disallowed

ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

short term and long term capital gain from the transaction in shares have been allowed on identical facts in earlier assessment years and that therefore the same could not be disallowed

DAYAL AGRO PRODUCTS LTD,AKOLA vs. JCIT, AKOLA RANGE, AKOLA

In the result, the assessee’s appeal is allowed

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

short term gain. Bu, till 2018-19 no such set off has been claimed and the carried forward loss must not have for set off after assessment year 2018-19. Thus, the loss so claimed has not been adjusted against any income. There is no loss to the exchequer. At this point of time, we posed a question

DY. C.I.T. CIR-.5, NAGPUR vs. M/S AVANTHA HOLDINGS LTD.,, CHANDRAPUR

In the result, appeal filed by the assessee is dismissed

short term and long term capital gain from the transaction in shares have been allowed on identical facts in earlier assessment years and that therefore the same could not be disallowed

AVANTHA HOLDINGS LIMITED,NEW DELHI vs. A.C.I.T. CIR-5,, NAGPUR

In the result, appeal filed by the assessee is dismissed

short term and long term capital gain from the transaction in shares have been allowed on identical facts in earlier assessment years and that therefore the same could not be disallowed

DEPUTY COMMISSIONER OF INCOME TAX, NAGPUR vs. AVANTHA HOLDINGS LIMITED, CHANDRAPUR

In the result, appeal filed by the assessee is dismissed

short term\nand long term capital gain from the transaction in shares have been allowed\non identical facts in earlier assessment years and that therefore the same\ncould not be disallowed

DCIT-CC-2(1), NAGPUR, NAGPUR vs. INDRAKUMAR GHISULAL AGRAWAL, NAGPUR

In the result, appeal by the assessee stands allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy

short, “Act”) which is arising out of assessment order ITA Nos. 220/NAG/2023 (Indrakumar Ghisulal Agrawal) passed u/s. 143(3) dated 26.12.2017 by the ITO, Ward-4(1), Nagpur for the Assessment Year 2015-16. 2. Revenue has raised the following grounds of appeal:- “1. On the fact and in the circumstances of the case, the Ld. CIT(A) has erred

M/S SHREE STEEL CQASTINGS PVT. LTD ,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -1, NAGPUR

In the result, Assessee’s appeal is partly allowed

Bench: Shri Narender Kumar Choudhrym/S. Shree Steel Castings Dcit, Circle-1, Nagpur Pvt. Ltd., T/38/1, Midc, Vs. Hingna Road, Nagpur. Pan: Aaccs 4071 J (Appellant) (Respondent)

short term and long term capital gains etc. 7. This Court has given thoughtful consideration to the peculiar facts and circumstances and the rival contention of the parties. Admittedly, the issues qua additions of Rs. 30 Lacs being share application money and Rs. 48,96,000/- on account of long-term capital gain on the sale of shares

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

short "the Act"). The assessee has raised the following grounds of appeal:– “1. The order passed u/S 250 and U/s 144 of the Income Tax Act, 1961 is illegal, invalid and bad in law. 2. On the facts and in the circumstances of the case and in law, the Learned CIT(A) (NFAC) has erred in upholding the action

SAN FINANCE CORPORATION,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is dismissed

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

short term capital gain. All such details have were required to be examined by the Assessing Officer and he has examined nothing. For the reasons stated above, we are of the opinion that it is a fit case for invoking the provisions of section 263 of the Act. We find that the order passed by the Assessing Officer is erroneous

SMT . RAJANI SURENDRA ADAMANE ,NAGPUR vs. INCOME TAX OFFICER WARD 6(1), NAGPUR

In the result, Assessee’s appeal is allowed in the aforesaid terms

Bench: Shri Narender Kumar Choudhrysmt. Rajani Surendra Ito, Ward-4(4), Nagpur Adamane, Plot No.30, Near Ghodke School Surendra Vs. Nagar, Hudkeshwar Road, Nagpur-440024. Pan: Alapa 9897 L (Appellant) (Respondent)

short, ‘Act’) for the A.Y. 2011-12. 2 2. In this case, the Assessing Officer (AO) in the scrutiny assessment observed that the Assessee had sold one residential property vide sale deed dated 15/03/2011 for a consideration of Rs. 48 Lac, as against stamp duty valuation of Rs. 53,52,000/- but not reflected the capital gain earned

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

In the result, appeal filed by the Revenue for the assessment year

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

term deposits and from savings bank account. The Appellant is a co-operative society providing credit facilities to its members. It is not carrying on any other business. The interest income earned by the Appellant by providing credit facilities to its members is deposited in the banks for a short duration which has earned interest. Therefore, whether this interest