THE VIDHARBHA PREMIER CO-OPERATIVE HOUSING SOCIETY LTD,,NAGPUR vs. TAX RECOVERY OFFICER, RANGE-6, NAGPUR

In the result these appeals by the assessee and revenue stand allowed for statistical purposes

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

3) Share transfer fees 32,722.00 4) Other receipts a) Loan incidental charges 10,52,853.00 b) Loan consolidation charges 78,148.00 c) Inoperative Saving A/c charges 1,47,460.00 d) Working charges(flat transfer fee) 2,96,100.00 e) Loan commitment charges 9,08,448.00 24,83,010.00 _______________________________ Total Rs. 14,62,54,397.00 Profit attributable to these receipts

SHRI SUBUR KUMAR BANERJEE,,NAGPUR vs. A.C.I.T. (OSD) O/O C.I.T.-1, NAGPUR

In the result, assessee’s appeal is allowed

Bench: Shri Sandeep Gosain & Shri Arun Khodpia

Section 24 of the Income Tax Act. Therefore addition made is unjustified, unwarranted and excessive. 4. The learned Commissioner of Income Tax (Appeals)- 1, Nagpur erred in not accepting loan taken from bank as housing loan and not accepting interest paid to DCB bank amounting to Rs.1,12,37,579/-; Therefore addition made is unjustified, unwarranted and excessive

SHRIRAM NARAYAN TIKDE,NAGPUR vs. INCOME TAX, WARD 4(4) , NAGPUR

Bench: Shri V. Durga Rao

house property was completed on 31/07/2008 i.e within three years of sale deed of property sold dt. 06/11/2007. 6. That apart from incorrect appreciation of fact regarding period of construction, there is no other objection/s raised with regards to deduction u/s 54 by the learned AO during assessment proceedings and remand proceedings as well as by learned CIT(A) during

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

c) Cost of improvement examined at Rs. 1,12,00,000/- was verifiable from the bank account and bills placed on record. i) P- 60-64 Bank Statement ii) P-85-105) Details of Expenses iii) P– 196 – 134 Bills & Vouchers F) It is evident that all the issues have been examined in detail and A.O. has taken possible view

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

C(A) unmistakably showed that the attempts by the AO, in ensuring the presence of Mr.Tarun Goyal for cross-examination by the assessees, did not succeed. The onus of ensuring the presence of Mr. Tarun Goyal, whom the assessees clearly stated that they did not know, could not have been shifted to the assessees. The onus was on the Revenue

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

C(A) unmistakably showed that the attempts by the AO, in ensuring the presence of Mr.Tarun Goyal for cross-examination by the assessees, did not succeed. The onus of ensuring the presence of Mr. Tarun Goyal, whom the assessees clearly stated that they did not know, could not have been shifted to the assessees. The onus was on the Revenue

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

C(A) unmistakably showed that the attempts by the AO, in ensuring the presence of Mr.Tarun Goyal for cross-examination by the assessees, did not succeed. The onus of ensuring the presence of Mr. Tarun Goyal, whom the assessees clearly stated that they did not know, could not have been shifted to the assessees. The onus was on the Revenue

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

C(A) unmistakably showed that the attempts by the AO, in ensuring the presence of Mr.Tarun Goyal for cross-examination by the assessees, did not succeed. The onus of ensuring the presence of Mr. Tarun Goyal, whom the assessees clearly stated that they did not know, could not have been shifted to the assessees. The onus was on the Revenue

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

C(A) unmistakably showed that the attempts by the AO, in ensuring the presence of Mr.Tarun Goyal for cross-examination by the assessees, did not succeed. The onus of ensuring the presence of Mr. Tarun Goyal, whom the assessees clearly stated that they did not know, could not have been shifted to the assessees. The onus was on the Revenue

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

C(A) unmistakably showed that the attempts by the AO, in ensuring the presence of Mr.Tarun Goyal for cross-examination by the assessees, did not succeed. The onus of ensuring the presence of Mr. Tarun Goyal, whom the assessees clearly stated that they did not know, could not have been shifted to the assessees. The onus was on the Revenue

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

C–2, Yogeshwar Ganga ..………. Appellant Apartments, Ramdaspeth, Nagpur 440 010 PAN – AETPS5421E v/s Asstt. Commissioner of Income Tax Central Circle–2(2), Aayakar Bhawan ..………. Respondent Civil Lines, Nagpur 440 001 ` Assessee by :Shri Sudesh Banthia Revenue by :Shri Piyush Kolhe Date of Hearing – 19.04.2022 Date of Order – 25.07.2022 O R D E R PER BENCH The captioned appeals have been

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

C–2, Yogeshwar Ganga ..………. Appellant Apartments, Ramdaspeth, Nagpur 440 010 PAN – AETPS5421E v/s Asstt. Commissioner of Income Tax Central Circle–2(2), Aayakar Bhawan ..………. Respondent Civil Lines, Nagpur 440 001 ` Assessee by :Shri Sudesh Banthia Revenue by :Shri Piyush Kolhe Date of Hearing – 19.04.2022 Date of Order – 25.07.2022 O R D E R PER BENCH The captioned appeals have been

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

C–2, Yogeshwar Ganga ..………. Appellant Apartments, Ramdaspeth, Nagpur 440 010 PAN – AETPS5421E v/s Asstt. Commissioner of Income Tax Central Circle–2(2), Aayakar Bhawan ..………. Respondent Civil Lines, Nagpur 440 001 ` Assessee by :Shri Sudesh Banthia Revenue by :Shri Piyush Kolhe Date of Hearing – 19.04.2022 Date of Order – 25.07.2022 O R D E R PER BENCH The captioned appeals have been

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

C–2, Yogeshwar Ganga ..………. Appellant Apartments, Ramdaspeth, Nagpur 440 010 PAN – AETPS5421E v/s Asstt. Commissioner of Income Tax Central Circle–2(2), Aayakar Bhawan ..………. Respondent Civil Lines, Nagpur 440 001 ` Assessee by :Shri Sudesh Banthia Revenue by :Shri Piyush Kolhe Date of Hearing – 19.04.2022 Date of Order – 25.07.2022 O R D E R PER BENCH The captioned appeals have been

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

C–2, Yogeshwar Ganga ..………. Appellant Apartments, Ramdaspeth, Nagpur 440 010 PAN – AETPS5421E v/s Asstt. Commissioner of Income Tax Central Circle–2(2), Aayakar Bhawan ..………. Respondent Civil Lines, Nagpur 440 001 ` Assessee by :Shri Sudesh Banthia Revenue by :Shri Piyush Kolhe Date of Hearing – 19.04.2022 Date of Order – 25.07.2022 O R D E R PER BENCH The captioned appeals have been

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

C–2, Yogeshwar Ganga ..………. Appellant Apartments, Ramdaspeth, Nagpur 440 010 PAN – AETPS5421E v/s Asstt. Commissioner of Income Tax Central Circle–2(2), Aayakar Bhawan ..………. Respondent Civil Lines, Nagpur 440 001 ` Assessee by :Shri Sudesh Banthia Revenue by :Shri Piyush Kolhe Date of Hearing – 19.04.2022 Date of Order – 25.07.2022 O R D E R PER BENCH The captioned appeals have been

SHRI PRAKASH JIWANDAS WANJARI,NAGPUR vs. JOINT COMMISSIONER OF INCOME TAX, NAGPUR

In the result, we are of the considered view that the case on hand does not warrant levy of penalty under Section 271D of the Act

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

c) of sub-section (2) of section 273, no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in the said provisions if he proves that there was reasonable cause for the said failure. From the above reading of provisions of Section 273B, it is clear that the section

NARESH VASANTRAJ TRIVEDI,NAGPUR vs. ACIT, CENTRAL CIRCLE 1(3), NAGPUR

In the result, appeal filed by the assessee is partly allowed

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

house property deserve to be deleted in the interest of justice. 6) The Appellant craves leave to add, amend, alter, vary and / or withdraw any or all the above grounds of appeal with the kind permission of the Hon'ble Tribunal.” 3. Ground no.1, being general in nature, hence no separate adjudication is needed. 4. Ground no.2, relates to addition