ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. ATUL YAMSANWAR , NAGPUR

11. Per contra, the learned Counsel for the assessee submitted that the issue of application of mind while granting approval by the Department under section 153D of the Act goes to the very root of the matter and being legal issue the same deserves to be admitted. 12. We have given a thoughtful consideration to the arguments made

UMESH SADASHIV THAKRE ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR

11. Per contra, the learned Counsel for the assessee submitted that the issue of application of mind while granting approval by the Department under section 153D of the Act goes to the very root of the matter and being legal issue the same deserves to be admitted. 12. We have given a thoughtful consideration to the arguments made

ATUL MANOHARRAO YAMSANWAR,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 2(1), NAGPUR

11. Per contra, the learned Counsel for the assessee submitted that the issue of application of mind while granting approval by the Department under section 153D of the Act goes to the very root of the matter and being legal issue the same deserves to be admitted. 12. We have given a thoughtful consideration to the arguments made

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

3, 4 5/Nag/2023 (i) save as otherwise provided in this section, Section 153-8 and Section 153-C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates

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

3, 4 5/Nag/2023 (i) save as otherwise provided in this section, Section 153-8 and Section 153-C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates

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

3, 4 5/Nag/2023 (i) save as otherwise provided in this section, Section 153-8 and Section 153-C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates

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

3, 4 5/Nag/2023 (i) save as otherwise provided in this section, Section 153-8 and Section 153-C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates

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

3, 4 5/Nag/2023 (i) save as otherwise provided in this section, Section 153-8 and Section 153-C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates

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

3, 4 5/Nag/2023 (i) save as otherwise provided in this section, Section 153-8 and Section 153-C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates

ATUL MANOHARRAO YAMSANWAR,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 2(1), NAGPUR

reassessment shall be passed by an Assessing Officer below the rank of Joint Commissioner in respect of each assessment year referred..... except with the prior approval of the Joint Commissioner.”\n20. The emphasis supplied in the above excerpt of section 153D above, is to highlight the intent of the legislature regarding the necessity of application of\nmind to the draft

UMESH SADASHIV THAKRE ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

reassessment shall be passed by an Assessing Officer below the rank of Joint Commissioner in respect of each assessment year referred..... except with the prior approval of the Joint Commissioner.”\n20. The emphasis supplied in the above excerpt of section 153D above, is to highlight the intent of the legislature regarding the necessity of application of\nmind to the draft

UMESH SADASHIV THAKRE ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR

reassessment shall be passed by an Assessing Officer below the rank of Joint Commissioner in respect of each assessment year referred..... except with the prior approval of the Joint Commissioner.”\n20.\nThe emphasis supplied in the above excerpt of section 153D above, is to highlight the intent of the legislature regarding the necessity of application of\nmind to the draft

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

11,08,000 repaid on 4-10-18 Gazal Textiles 12,00,000 1,29,600 13,29,600 repaid on 4-10-18 Lily Abasan P Ltd 15,00,000 1,62,000 16,62,000 repaid on 4-10-18 Total 3,99,600 Addition made by AO 9 Maheshwari Coal Beneficatgion & Infrastructure

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

11,08,000 repaid on 4-10-18 Gazal Textiles 12,00,000 1,29,600 13,29,600 repaid on 4-10-18 Lily Abasan P Ltd 15,00,000 1,62,000 16,62,000 repaid on 4-10-18 Total 3,99,600 Addition made by AO 9 Maheshwari Coal Beneficatgion & Infrastructure

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

11,08,000 repaid on 4-10-18 Gazal Textiles 12,00,000 1,29,600 13,29,600 repaid on 4-10-18 Lily Abasan P Ltd 15,00,000 1,62,000 16,62,000 repaid on 4-10-18 Total 3,99,600 Addition made by AO 9 Maheshwari Coal Beneficatgion & Infrastructure

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

11,08,000 repaid on 4-10-18 Gazal Textiles 12,00,000 1,29,600 13,29,600 repaid on 4-10-18 Lily Abasan P Ltd 15,00,000 1,62,000 16,62,000 repaid on 4-10-18 Total 3,99,600 Addition made by AO 9 Maheshwari Coal Beneficatgion & Infrastructure

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

11,08,000 repaid on 4-10-18 Gazal Textiles 12,00,000 1,29,600 13,29,600 repaid on 4-10-18 Lily Abasan P Ltd 15,00,000 1,62,000 16,62,000 repaid on 4-10-18 Total 3,99,600 Addition made by AO 9 Maheshwari Coal Beneficatgion & Infrastructure

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

11,08,000 repaid on 4-10-18 Gazal Textiles 12,00,000 1,29,600 13,29,600 repaid on 4-10-18 Lily Abasan P Ltd 15,00,000 1,62,000 16,62,000 repaid on 4-10-18 Total 3,99,600 Addition made by AO 9 Maheshwari Coal Beneficatgion & Infrastructure

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

11. We find that the issues on which re–assessment order was passed under section 143(3) r/w section 147 of the Act and the issues on which revision order passed under section 263 of the Act are entirely different. The assessee had filed Paper Books containing documents filed during re– assessment proceedings under section 147 and revision proceedings under