DY. C.I.T. CENTRAL CIR.-1(3), NAGPUR vs. M/S GIGEO CONSTRUCTION CO.PVT. LTD, NAGPUR

In the result, appeal filed by the assessee for the A

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

36,755/- 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of unaccounted income of M/s. Gigeo Construction Co. Pvt. Ltd. Rs.1,37,46,465/-without appreciating the fact that the assessee followed mercantile system of accounting as such the total contract receipts of Rs.3

DY. C.I.T. CENTRAL CIR.-1(3), NAGPUR vs. M/S GIGEO CONSTRUCTION CO.PVT. LTD, NAGPUR

In the result, appeal filed by the assessee for the A

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

36,755/- 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of unaccounted income of M/s. Gigeo Construction Co. Pvt. Ltd. Rs.1,37,46,465/-without appreciating the fact that the assessee followed mercantile system of accounting as such the total contract receipts of Rs.3

GIGEO CONSTRUCTION CO. PVT. LTD.,,NAGPUR vs. ACIT, CENTRAL CIRCLE- 1(3),, NAGPUR

In the result, appeal filed by the assessee for the A

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

36,755/- 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of unaccounted income of M/s. Gigeo Construction Co. Pvt. Ltd. Rs.1,37,46,465/-without appreciating the fact that the assessee followed mercantile system of accounting as such the total contract receipts of Rs.3

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

36,726/-.\nGROUND NO. 1 and 2:\nThat the AO erred in passing the assessment order u/s.143(3) r.w.s. 153A.\nThe notice and proceedings u/s. 153A are bad in law and wrong on facts. That\nno incriminating document was found as a result of search and the notice u/s.\n153A was objected in the computation of income furnished vide letter

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

In the result, assessee' appeal for A

36,726/-.\nGROUND NO. 1 and 2:\nThat the AO erred in passing the assessment order u/s.143(3) r.w.s. 1534.\nThe notice and proceedings u/s. 153A are bad in law and wrong on facts. That\nno incriminating document was found as a result of si arch and the notice u/s.\n153A was objected in the computation of income furnished vide

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

36,726/-.\nGROUND NO. 1 and 2:\nThat the AO erred in passing the assessment order u/s.143(3) r.w.s. 1534.\nThe notice and proceedings u/s. 153A are bad in law and wrong on facts. That\nno incriminating document was found as a result of si arch and the notice u/s.\n153A was objected in the computation of income furnished vide

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

36,726/-.\nGROUND NO. 1 and 2:\nThat the AO erred in passing the assessment order u/s.143(3) r.w.s. 1534.\nThe notice and proceedings u/s. 153A are bad in law and wrong on facts. That\nno incriminating document was found as a result of si arch and the notice u/s.\n153A was objected in the computation of income furnished vide

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

36,726/-.\nGROUND NO. 1 and 2:\nThat the AO erred in passing the assessment order u/s.143(3) r.w.s. 1534.\nThe notice and proceedings u/s. 153A are bad in law and wrong on facts. That\nno incriminating document was found as a result of si arch and the notice u/s.\n153A was objected in the computation of income furnished vide

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

In the result, assessee' appeal for A

36,726/-.\n\nGROUND NO. 1 and 2:\nThat the AO erred in passing the assessment order u/s.143(3) r.w.s. 1534.\nThe notice and proceedings u/s. 153A are bad in law and wrong on facts. That\nno incriminating document was found as a result of si arch and the notice u/s.\n153A was objected in the computation of income furnished

M/S. GAJANAN COTSPIN ,BULDHANA vs. INCOME TAX OFFICER, WARD-2, KHAMGAON

In the result, assessee’s appeal stands allowed

Bench: Shri V. Durga Rao

section 36(1)(iii) of the Income Tax Act, 1961 ("the Act") as the interest bearing fund utilized for non-business purpose. In response, the assessee furnished reply which was extracted by the Assessing Officer in his assessment order vide Para–4.3 at Page–3 and 4, which is also reproduced below for ready reference:– “The assessee has not charged

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

TAJSHREE AUTOWHEELS PRIVATE LIMITED,NAGPUR vs. ACIT CIRCLE-4, NAGPUR

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

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

penalty proceedings initiated u/s 271(1)(c) of Income Tax Act may be dropped as there is no concealment or inaccurate particulars stated.” 8. The learned CIT(A), considering the entire details submissions filed by the assessee, however, dismissed the appeal of the assessee by following observations:– “DECISIONS & REASONS: 7. I have considered the facts of the case and submissions

DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-2, NAGPUR vs. M/S UNITED BUILDERS , BHANDARA

In the result, appeal filed by the Revenue is allowed

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

Penalty proceeding under section 271(1)(c) of the Act was initiated separately. The assessee being aggrieved, carried the matter before the learned CIT(A). 7. The learned CIT(A), in view of the submissions made by the assessee, held that the action of the Assessing Officer in making the impugned addition is not found to be sustainable