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

property being land or building or both, shares and securities, loans and advances, deposits in bank account.” “Section 153C. Assessment of income of any other person- (1) Notwithstanding anything contained in sec139, 147, 148, 149, 151 and 153, where the AO is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs

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

property being land or building or both, shares and securities, loans and advances, deposits in bank account.” “Section 153C. Assessment of income of any other person- (1) Notwithstanding anything contained in sec139, 147, 148, 149, 151 and 153, where the AO is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs

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

property being land or building or both, shares and securities, loans and advances, deposits in bank account.” “Section 153C. Assessment of income of any other person- (1) Notwithstanding anything contained in sec139, 147, 148, 149, 151 and 153, where the AO is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs

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

property being land or building or both, shares and securities, loans and advances, deposits in bank account.” “Section 153C. Assessment of income of any other person- (1) Notwithstanding anything contained in sec139, 147, 148, 149, 151 and 153, where the AO is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs

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

1-4-1997 by using the expression “owned wholly or partly”. Since no such words are expressively mentioned in Section 54F, in our considered view the word “own” in section 54F would include only the case where a residential house is fully or wholly owned by assessee and consequently would not include a residential house partly owned by the assessee

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

v. Sunil Kumar Goel (2009) 315 ITR 163 (Puj. &Har.), it has been held that cash transactions with sister concern which had no tax effect, established 'reasonable cause' under section 273B of the Act, therefore, no penalty under section 271D is leviable. iv. The Hon'ble Supreme Court in the case of Kum. A.B. Shanthi (supra) has clearly laid down

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

Housing Projects Ltd., [2021] 343 ITR 329 (Del.); iii) PCIT v/s Britannia Industries Ltd., [2022] 145 taxmann.com 618 (Cal.); iv) Pato Builders Ltd. v/s DCIT [2024] ITL 1042 (Ranchi) ITA no. 73/Ran./2021, order dated 29/02/2024; and v) Tirupati Buildcon Pvt.Ltd.v/s ACIT, ITA no.74/Jab./2024, order dated 28/06/2024 (Jabalpur–Trib.). 9. The learned Counsel for the assessee precisely raised

PRITAM SINGH CHARAN SINGH GUJJAR,NAGPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4,, NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao

V. DURGA RAO, JUDICIAL MEMBER SMC MATTER ITA no.406/Nag./2023 (Assessment Year : 2015–16) Pretam Singh Charan Singh Gujjar Roureka Nagpur Roadways ……………. Appellant 38, Durga Complex, C.A. Road Nagpur 440 008 PAN – AEDPG2548E v/s Asstt. Commissioner of Income Tax ……………. Respondent Circle–4, Nagpur Assessee by : Shri Bhavesh Moryani Revenue by : Shri Abhay Y. Marathe Date of Hearing – 03/09/2024 Date

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

9 M/s. Shree Agarwal Coal India Pvt. Ltd.& Group Cases "37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notice under

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

9 M/s. Shree Agarwal Coal India Pvt. Ltd.& Group Cases "37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notice under

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

V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.375/Nag./2024 (Assessment Year : 2018–19) Ravindra Madanlal Khandelwal C/o M/s. Khandelwal Jewellers ……………. Appellant Gandhi Road, Akola 444 001 PAN – AMFPK2167B v/s Dy. Commissioner of Income Tax ……………. Respondent Akola Circle, Akola Assessee by : Shri Mahavir Atal Revenue by : Shri Sandipkumar Salunke Date of Hearing – 24/10/2024 Date of Order

INCOME TAX OFFICER WARD 2(1), THIRD FLOOR, AAYAKAR BHAVAN vs. N KUMAR HOUSING AND INFRASTRUCTURE PVT. LTD, SEVENTH FLOOR

In the result, appeal by the Revenue stands dismissed

V. DURGA RAO, J.M.\nORDER\nThis appeal by the Revenue is directed against the impugned order\ndated 11/07/2024, passed by the learned Commissioner of Income Tax\n(Appeals), National Faceless Appeal Centre, Delhi, [\"learned CIT(A)\"], for the\n assessment year 2020–21.\n2. Following grounds have been raised by the Revenue:-\n\"1.\nWhether on the facts and circumstances

SHREE MAYA REAL ESTATE PVT. LTD.,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR

In the result, appeal filed by the assessee is allowed

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

V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.227/Nag./2022 (Assessment Year : 2017–18) ITA no.228/Nag./2022 (Assessment Year : 2019–20) Shree Maya Real Estate Pvt. Ltd. 25, Red Cross Road, Sadar, Nagpur 440 001 ……………. Appellant PAN – AAJCS1078E v/s Dy. Commissioner of Income Tax ……………. Respondent Circle–2(1), Nagpur Assessee by : Shri Naresh Jakhotia Revenue

SHREE MAYA REAL ESTATE PVT. LTD.,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR

In the result, appeal filed by the assessee is allowed

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

V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.227/Nag./2022 (Assessment Year : 2017–18) ITA no.228/Nag./2022 (Assessment Year : 2019–20) Shree Maya Real Estate Pvt. Ltd. 25, Red Cross Road, Sadar, Nagpur 440 001 ……………. Appellant PAN – AAJCS1078E v/s Dy. Commissioner of Income Tax ……………. Respondent Circle–2(1), Nagpur Assessee by : Shri Naresh Jakhotia Revenue

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

section 153A of the Act the Assessing Officer made various additions by examining the Profit & Loss Account, Tax Audit Report and assessed income was computed at ` 8,14,83,740. Claim u/s 24(a) from house property income (i) ` 1,36,709 disallowed Agricultural income has been treated as business (ii) ` 2,52,393 income Dividend income claimed exempt

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

Bench: Shri V. Durga Rao

V. DURGA RAO, JUDICIAL MEMBER SMC MATTER ITA no.89/Nag./2021 (Assessment Year : 2008–09) Shriram Narayan Tidke Plot no.213, Janki Nagar ……………. Appellant Near Hanuman Mandir, Ring Road Nagpur 440 037 PAN – ACLPT7281M v/s Income Tax Officer ……………. Respondent Ward–4(4), Nagpur Assessee by : Shri Abhay Agrawal Revenue by : Shri Abhay Y. Marathe Date of Hearing – 21/01/2025 Date of Order – 27/01/2025

NARESH VASANTRAI 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

V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.105/Nag./2021 ITA no.106/Nag./2021 (Assessment Year : 2010–11) (Assessment Year : 2011–12) ITA no.107/Nag./2021 ITA no.108/Nag./2021 (Assessment Year : 2013–14) (Assessment Year : 2014–15) Naresh Vasantrai Trivedi 365, Krishna Krupa Palace Yadav Samaj Square, C.A. Road ……………. Appellant Gandhibagh, Nagpur 400 002 PAN – AAFPT4557J v/s Asstt

NARESH VASANTRAI 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

V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.105/Nag./2021 ITA no.106/Nag./2021 (Assessment Year : 2010–11) (Assessment Year : 2011–12) ITA no.107/Nag./2021 ITA no.108/Nag./2021 (Assessment Year : 2013–14) (Assessment Year : 2014–15) Naresh Vasantrai Trivedi 365, Krishna Krupa Palace Yadav Samaj Square, C.A. Road ……………. Appellant Gandhibagh, Nagpur 400 002 PAN – AAFPT4557J v/s Asstt