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

30-09-2015 notice u/s 143(2) Whether notice u/s 143(2) NO NO Not applicable issued Date of Search 02-12-2014 02-12-2014 02-12-2014 Unabated/Abated Unabated Unabated Abated 5. Initially we took up the ground of the department regarding addition u/s 69C based on the report of the Department Valuation Officer. The appellant had challenged

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

30-09-2015 notice u/s 143(2) Whether notice u/s 143(2) NO NO Not applicable issued Date of Search 02-12-2014 02-12-2014 02-12-2014 Unabated/Abated Unabated Unabated Abated 5. Initially we took up the ground of the department regarding addition u/s 69C based on the report of the Department Valuation Officer. The appellant had challenged

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

30-09-2015 notice u/s 143(2) Whether notice u/s 143(2) NO NO Not applicable issued Date of Search 02-12-2014 02-12-2014 02-12-2014 Unabated/Abated Unabated Unabated Abated 5. Initially we took up the ground of the department regarding addition u/s 69C based on the report of the Department Valuation Officer. The appellant had challenged

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

30-09-2015 notice u/s 143(2) Whether notice u/s 143(2) NO NO Not applicable issued Date of Search 02-12-2014 02-12-2014 02-12-2014 Unabated/Abated Unabated Unabated Abated 5. Initially we took up the ground of the department regarding addition u/s 69C based on the report of the Department Valuation Officer. The appellant had challenged

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. M/S. AAKAR HOTELS, NAGPUR

In the result, appeal of the revenue is dismissed

30,000/-\nwas paid to the government on account of transfer of property.\nV.\nThe property was taken on lease by the Assessee on 28.08.1992 for Rs.\n2,64,000/- and following expenditure were incurred by him in respect of\nwhich he submitted ledger account;\nF.Y.\n2005-06\n2006-07\n20014-15\n2015-16\nAmount

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

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 under Section 132 or requisition under Section 132A of the Act. 1961. However, the completed/unabated assessments can be re-opened

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

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 under Section 132 or requisition under Section 132A of the Act. 1961. However, the completed/unabated assessments can be re-opened

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR vs. YRCE EDUCATE PVT. LTD, NAGPUR

sections 151, 263, etc., are related to the judicial wing. In fact,\nthe statutory authority of the learned CIT(A) [section 2(16A)] and even this\nTribunal [section 252] exists, because the same are formed or defined for the\n“judicial wing” of the Income Tax Act, 1961.\n21. In the present case, before we delve into the merits

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

reassess taking into consideration the other material in\nrespect of completed assessments/unabated assessments. Meaning thereby, in\nrespect of completed/unabated assessments, no addition can be made by the\nAO in absence of any incriminating material found during the course of search\nunder Section 132 or requisition under Section 132A of the Act. 1961.\nHowever, the completed/unabated assessments can be re-opened

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

In the result, Revenue's appeal being ITA no

reassess taking into consideration the other material in\nrespect of completed assessments/unabated assessments. Meaning thereby, in\nrespect of completed/unabated assessments, no addition can be made by the\nAO in absence of any incriminating material found during the course of search\nunder Section 132 or requisition under Section 132A of the Act. 1961.\nHowever, the completed/unabated assessments can be re-opened

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 being ITA no

reassess taking into consideration the other material in\nrespect of completed assessments/unabated assessments. Meaning thereby, in\nrespect of completed/unabated assessments, no addition can be made by the\nAO in absence of any incriminating material found during the course of search\nunder Section 132 or requisition under Section 132A of the Act. 1961.\nHowever, the completed/unabated assessments can be re-opened

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 being ITA no

reassess taking into consideration the other material in\nrespect of completed assessments/unabated assessments. Meaning thereby, in\nrespect of completed/unabated assessments, no addition can be made by the\nAO in absence of any incriminating material found during the course of search\nunder Section 132 or requisition under Section 132A of the Act. 1961.\nHowever, the completed/unabated assessments can be re-opened

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

reassess the income of the third party in accordance with the procedure stipulated u/s153A. 78. In my considered view, there is a vital distinction between the object, intention as well as the express Judge of section 153A and 153C. Section 153A addresses the searched entity and the procedure set evidently a notch higher for this reason. There is no discretion

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

reassess the income of the third party in accordance with the procedure stipulated u/s153A. 78. In my considered view, there is a vital distinction between the object, intention as well as the express Judge of section 153A and 153C. Section 153A addresses the searched entity and the procedure set evidently a notch higher for this reason. There is no discretion

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

reassess the income of the third party in accordance with the procedure stipulated u/s153A. 78. In my considered view, there is a vital distinction between the object, intention as well as the express Judge of section 153A and 153C. Section 153A addresses the searched entity and the procedure set evidently a notch higher for this reason. There is no discretion

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

reassess the income of the third party in accordance with the procedure stipulated u/s153A. 78. In my considered view, there is a vital distinction between the object, intention as well as the express Judge of section 153A and 153C. Section 153A addresses the searched entity and the procedure set evidently a notch higher for this reason. There is no discretion

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

reassess the income of the third party in accordance with the procedure stipulated u/s153A. 78. In my considered view, there is a vital distinction between the object, intention as well as the express Judge of section 153A and 153C. Section 153A addresses the searched entity and the procedure set evidently a notch higher for this reason. There is no discretion

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.” 20. 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 mind to the draft