DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

In the result, Revenue’s appeal is dismissed

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

vii) following expenses Remuneration Rs. 27,15,985 Administrative expenses Rs. 20,02,195 Rs.47,18,180 Disallowance at 20% ` 9,43,636 ` 6,46,05,741 Loan from Shree Agarwal Coal India P.Ltd. treated (After Rectifi- (viii) as dividend u/s 2(22)(e) cation: ` 6,49,70,741 Loan from Mansa Agro Food Processing

DY. C.I.T. CENTRAL CIR2(2), NAGPUR vs. M/S SHREE AGRAWAL COAL INDIA PVT. LTD.,, NAGPUR

In the result, Revenue’s appeal being ITA no

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

vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known

A,C.I.T. CENTRAL CIR.- 2(2), NAGPUR vs. SHRI DHARAMPAL R.AGRAWAL, NAGPUR

In the result, Revenue’s appeal being ITA no

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

vii. Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known

MADHUR LAXMAN GADIKAR,NAGPUR vs. ITO WARD 4(1), NAGPUR

In the result, assessee’s appeal is allowed for statistical purposes

Bench: Shri Pavan Kumar Gadalemadhur Laxman Gadikar, Kharbikar Mohalla, House No.426–B Ward No.27, Golibar Chowk ……………. Appellant Jaganath Gol, Nagpur-440018, Maharashtra, Pan – Avzpg3725G V/S Income Tax Officer ……………. Respondent Ward–4(1), Nagpur Assessee By :Shri Abhishek Kumar. A.R. Revenue By :Shri Surjit Kumar Saha.Sr. D.R.

House no.426–B Ward no.27, Golibar Chowk ……………. Appellant Jaganath Gol, Nagpur-440018, Maharashtra, PAN – AVZPG3725G v/s Income Tax Officer ……………. Respondent Ward–4(1), Nagpur Assessee by :Shri Abhishek Kumar. A.R. Revenue by :Shri Surjit Kumar Saha.Sr. D.R. Date of Hearing – 07/10/2025 Date of Order – 08/10/2025 O R D E R The assessee has filed appeal against the order dated 31/05/2024

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

M/S MAHESHWARI COAL BENEFICATION& INFRASTRUCTURE P. LTD,BILASPUR vs. DCIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, appeals for the assessment year 2009–10 to 2013–14 are partly allowed

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

section 153A(1) read with „Expln-2‟; in absence of this, assessment made u/s153C would be invalid & is liable to be quashed; relied on Goldstone Cements Ltd (2023) (Gau HC); Fortune Vanijya (P) Ltd (2023) (Gau HC).” 40. In the appeal of the assessee bearing ITA No.111/Nag/ 2024, for the assessment year 2012-13 along with following additional ground

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

56,280 30-9-17 completed on 28-12-18 and no assessment was pending on the date of search on 11-7-19 11. The learned A.R. for the assessee submitted that there is no incriminating material/ document found during the course of search from the premises of the assessee for the addition of ` 12 lakh

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

56,280 30-9-17 completed on 28-12-18 and no assessment was pending on the date of search on 11-7-19 11. The learned A.R. for the assessee submitted that there is no incriminating material/ document found during the course of search from the premises of the assessee for the addition of ` 12 lakh

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

56,280 30-9-17 completed on 28-12-18 and no assessment was pending on the date of search on 11-7-19 11. The learned A.R. for the assessee submitted that there is no incriminating material/ document found during the course of search from the premises of the assessee for the addition of ` 12 lakh

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

56,280 30-9-17 completed on 28-12-18 and no assessment was pending on the date of search on 11-7-19 11. The learned A.R. for the assessee submitted that there is no incriminating material/ document found during the course of search from the premises of the assessee for the addition of ` 12 lakh

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

56,280 30-9-17 completed on 28-12-18 and no assessment was pending on the date of search on 11-7-19 11. The learned A.R. for the assessee submitted that there is no incriminating material/ document found during the course of search from the premises of the assessee for the addition of ` 12 lakh

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

56,280 30-9-17 completed on 28-12-18 and no assessment was pending on the date of search on 11-7-19 11. The learned A.R. for the assessee submitted that there is no incriminating material/ document found during the course of search from the premises of the assessee for the addition of ` 12 lakh

VANDANA DEEPAK BANKOTI,NAGPUR vs. INCOME TAX OFFICER WARD 4(1), NAGPUR

In the result, the Assessee’s appeal is partly allowed

Bench: Shri Narender Kumar Choudhryassessment Year: 2016-17

house situated at Kasra number 94 Mouza Wathoda Tehsil and District Nagpur in the year vide agreement to sell dated 11.04.2015 and registered sale deed dated 28.06.2017 and therefore the transaction belonged to A.Y. 2018-19 as the Assessee accepted herself that entire payment of Rs.30,00,000/- was made during the F.Y. 2015-16, however, the source of said