ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA RADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

reopening u/s 147 till 31/03/2021. 16 On the facts and circumstances of the case the Ld. CIT(A) failed to apply the definition of conclusiveness by Hon'ble Bombay High Court in the case of Rajeev Yeshwant Bhale Vs PCIT W.P No.3366 of 2017 with C.A. No.849 of 2017. 17. On the facts and circumstances of the case

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

reopening u/s 147 till 31/03/2021. 16 On the facts and circumstances of the case the Ld. CIT(A) failed to apply the definition of conclusiveness by Hon'ble Bombay High Court in the case of Rajeev Yeshwant Bhale Vs PCIT W.P No.3366 of 2017 with C.A. No.849 of 2017. 17. On the facts and circumstances of the case

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

reopening u/s 147 till 31/03/2021. 16 On the facts and circumstances of the case the Ld. CIT(A) failed to apply the definition of conclusiveness by Hon'ble Bombay High Court in the case of Rajeev Yeshwant Bhale Vs PCIT W.P No.3366 of 2017 with C.A. No.849 of 2017. 17. On the facts and circumstances of the case

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1),NAGPUR, NAGPUR vs. M/S. RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

reopening u/s 147 till 31/03/2021. 16 On the facts and circumstances of the case the Ld. CIT(A) failed to apply the definition of conclusiveness by Hon'ble Bombay High Court in the case of Rajeev Yeshwant Bhale Vs PCIT W.P No.3366 of 2017 with C.A. No.849 of 2017. 17. On the facts and circumstances of the case

ASSTT.COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR vs. M/S RADHA MADHAV DEVELOPER, NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

reopening u/s 147 till 31/03/2021. 16 On the facts and circumstances of the case the Ld. CIT(A) failed to apply the definition of conclusiveness by Hon'ble Bombay High Court in the case of Rajeev Yeshwant Bhale Vs PCIT W.P No.3366 of 2017 with C.A. No.849 of 2017. 17. On the facts and circumstances of the case

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA MADHAV DEVELOPER , NAGPUR

In the result, all the six appeals preferred by the department are dismissed

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

reopening u/s 147 till 31/03/2021. 16 On the facts and circumstances of the case the Ld. CIT(A) failed to apply the definition of conclusiveness by Hon'ble Bombay High Court in the case of Rajeev Yeshwant Bhale Vs PCIT W.P No.3366 of 2017 with C.A. No.849 of 2017. 17. On the facts and circumstances of the case

DY. C.I.T. CIR-.2, NAGPUR vs. SHRI GOVINDDAS GOVERDHAN DAGA, NAGPUR

In the result, cross-objection filed by the assessee stands dismissed

reopening the assessment did not indicate a belief of escapement of income and were based on suspicion rather than tangible material. Furthermore, the objections raised by the assessee to the reasons recorded were not disposed of by the Assessing Officer before finalizing the assessment, which vitiates the reassessment

M/S. LEBEN LABORATORIES PVT. LTD.,,AKOLA vs. ACIT, AKOLA CIRCLE, AKOLA, AKOLA

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

reopening the assessment. The ld. DR submitted that the assessee has wrongly claimed deduction u/s. 80IB of the Act. Thus, the claim of assessee has been rightly rejected by the Assessing Officer in reassessment

A.C.I.T ,AKOLA CIRCLE, AKOLA vs. M/S LEBEN LABORATORIES PVT..LTD,, AKOLA

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

reopening the assessment. The ld. DR submitted that the assessee has wrongly claimed deduction u/s. 80IB of the Act. Thus, the claim of assessee has been rightly rejected by the Assessing Officer in reassessment

NEELAM JANARDHAN RACHALWAR,CHIMUR vs. ITO WARD-2, CHANDRAPUR, CHANDRAPUR

In the result, Assessee’s appeal is allowed

Bench: Shri Narender Kumar Choudhryneelam Janardhan Ito, Ward-2, Chandrapur Rachalwar, Sai Mandir Road, Tilak Ward, Chimur, Vs. Chandrapur, Maharashtra Pan: Adqpr 7539 E (Appellant) (Respondent)

reopened on the ground that income had escaped assessment on a certain issue, the Assessing Officer could not make an assessment or reassessment

JAGDISHPRASAD MAHESHWARI,NAGPUR vs. DCIT/ACIT CIRCLE-4, NAGPUR

In the result, appeal of the assessee is allowed

Bench: Dr.Manish Boradआयकर अपील सं. / Ita No.748/Nag/2025 Assessment Year : 2013-14 Jagdishprasad Maheshwari Vs. Dcit/Acit, Circle-4, C/O Surgical India, Nagpur Shop No. 214,215,224,225, Sandesh Dawa Bazar, Near Haj House, Ganjipeth, Nagpur-440018, Maharashtra Pan: Acypm9289M Appellant Respondent

reassessment proceedings, ld. Assessing Officer 3 Jagdishprasad Maheshwari observed that in the assessment order dated 23.03.2022 that on verification of the scrutiny assessment record, it has been found that assessee made interest payment of Rs.1,80,615/- to various persons without deducting TDS and further on verification of scrutiny assessment record, assessee has claimed expenses of purchase of gold jewellery

VIJAY VINOD DURAGKAR,NAGPUR vs. INCOME TAX OFFICER WARD 4(4), NAGPUR

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

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

REASSESSMENT JUST TO MAKE AN FISHING ENQUIRY: 1.1 Though Explanation 2 of s. 147 authorizes the Assessing officer to reopen

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

reassess taking into consideration the other material in respect of completed assessments/ unabated assessments. Meaning thereby, in respect of completed/ unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search u/s132 or requisition u/s132A. However, the completed/ unabated assessments can be re-opened by the AO in exercise

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

reassess taking into consideration the other material in respect of completed assessments/ unabated assessments. Meaning thereby, in respect of completed/ unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search u/s132 or requisition u/s132A. However, the completed/ unabated assessments can be re-opened by the AO in exercise

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

reassess taking into consideration the other material in respect of completed assessments/ unabated assessments. Meaning thereby, in respect of completed/ unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search u/s132 or requisition u/s132A. However, the completed/ unabated assessments can be re-opened by the AO in exercise

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

reassess taking into consideration the other material in respect of completed assessments/ unabated assessments. Meaning thereby, in respect of completed/ unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search u/s132 or requisition u/s132A. However, the completed/ unabated assessments can be re-opened by the AO in exercise

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

reassess taking into consideration the other material in respect of completed assessments/ unabated assessments. Meaning thereby, in respect of completed/ unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search u/s132 or requisition u/s132A. However, the completed/ unabated assessments can be re-opened by the AO in exercise

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

reassess taking into consideration the other material in respect of completed assessments/ unabated assessments. Meaning thereby, in respect of completed/ unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search u/s132 or requisition u/s132A. However, the completed/ unabated assessments can be re-opened by the AO in exercise

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

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

reopening of assessment, period of limitation provided in section 263(2) would commence from date of order of assessment u/s 143(1) and not from date on which order of reassessment