VISHAL KISHORILAL JAIN,NAGPUR vs. DCIT/ACIT CIRCLE-4, NAGPUR

In the result, assessee’s appeal for A

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

loss, deduction, allowance or relief in the return; (d) where a person is found to have any asset (including financial interest in any entity) located outside India. Explanation 3.--For the purpose of assessment or reassessment under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped assessment, and such issue

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

loss or the\ndepreciation allowance or any other allowance or deduction for such\n assessment year and for which a prior notice under Section 148 would be\nrequired to be issued. Section 147 does not contemplate an eventuality which\nSection 153A or Section 153C contemplates, the basis of which is inter alia a\nsearch action under Section 132 being resorted

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

set aside the order of the CIT(A) and restore the order of the assessing officer”\nFact in Brief :- The facts, as culled out from the impugned order passed by the learned CIT(A) are that, on 14/01/2015, the assessee filed its return of income electronically declaring net taxable income at ₹32,63,962. The assessee had purchased

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

In the result, appeal of the Revenue stands dismissed

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

set aside the order of the CIT(A) and restore the order of the assessing officer” 3. Fact in Brief:- The facts, as culled out from the impugned order passed by the learned CIT(A) are that, on 29/03/2016, the assessee its return of income electronically declaring net taxable income at ` 76,95,280. The assessee had purchased

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

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

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

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-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

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-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

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-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

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

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

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

FATTESING PUNAJI DHABRE,NAGPUR vs. PRINCIPAL COMMISSIONER INCOME TAX – 2, NAGPUR

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Fattesing Punaji Dhabre Pcit – 2, Nagpur Plot No. 132, Chandan Nagar, Post Vs Aayakar Bhawan, Civil Lines, Hanuman Nagar, Nagpur, Maharashtra – 440001. Maharashtra – 440009. [Pan: Bacpd6505Q] Appellant / Assessee Respondent / Revenue Assessee By Shri Madhav Vichare, Ca Revenue By Shri Pankaj Kumar, Cit–Dr Date Of Hearing 17.02.2026 Date Of Pronouncement 24.02.2026 Order Under Section 254(1) Of Income Tax Act

set aside the assessment order and directed the AO to reassess the income of assessee afresh after examining the relevant details and other issues and conduct proper and necessary enquiry, as may be relevant and necessary passed a speaking assessment order after allowing reasonable and fair opportunity to the assessee. Being aggrieved the assessee has filed present appeal before Tribunal

CITY LAND ASSOCIATES,AMRAVATI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, assessee’s appeal stands dismissed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

loss on purchase and sale of said units and also in regard to under-assessment of income by a sum of Rs. 19.5 crores on account of dividend on such units. The firm findings given by the Commissioner for inclusion of the said income of Rs. 2.10 crores and Rs. 19.5 crores were, therefore, cancelled and the order

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1(2), NAGPUR vs. VIDARBHA INFOTECH PRIVATE LIMITED, NAGPUR

In the result, appeal by the Revenue is dismissed

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

reassess the income after conducting proper inquiry on. issue of consultancy charges of Rs. 7.50 crores. A notice u/s 148 of IT Act dated 31.03.2021 was served on assessee to file ITR for AY 2016-17. In response to said notice assessee filed return on 26.05.2021 declaring total income ofRs. 6,63,44,360/- which included 4 Vidarbha Infotech

SHRIKANT BHERULAL SHARMA LATE BHERULAL GIRDHARILAL SHARMA,WASHIM vs. INCOME TAX OFFICER WARD -3 , AKOLA

In the result, assessee’s appeal being ITA no

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

loss accounts, computation of income etc. The income declared by the Assessee was always accepted either by Section 143(1) or 143(3) assessment orders. For the relevant A.Y.2016-17, the Assessee filed his Income Tax Return on 30.07.2016 wherein the total income declared by the Assessee was Rs.2,75,350/- and agricultural income of the Assessee was Rs.70

SHRIKANT BHERULAL SHARMA LATE BHERULAL GIRDHARILAL SHARMA ,WASHIM vs. INCOME TAX OFFICER WARD-3, AKOLA

In the result, assessee’s appeal being ITA no

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

loss accounts, computation of income etc. The income declared by the Assessee was always accepted either by Section 143(1) or 143(3) assessment orders. For the relevant A.Y.2016-17, the Assessee filed his Income Tax Return on 30.07.2016 wherein the total income declared by the Assessee was Rs.2,75,350/- and agricultural income of the Assessee was Rs.70

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

sets out certain further conditions which is required to be fulfilled before issuing notice u/s153C, more so, reason for escaped income of Rs.22,46,300 is below the limit of Rs.50 lakhs; in absence of valid assumption of jurisdiction u/s153C, assessment made u/s143(3) rws.153C would be invalid & is liable to be quashed.” Additional Ground no.2 “On the facts & circumstances

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

sets out certain further conditions which is required to be fulfilled before issuing notice u/s153C, more so, reason for escaped income of Rs.22,46,300 is below the limit of Rs.50 lakhs; in absence of valid assumption of jurisdiction u/s153C, assessment made u/s143(3) rws.153C would be invalid & is liable to be quashed.” Additional Ground no.2 “On the facts & circumstances

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

sets out certain further conditions which is required to be fulfilled before issuing notice u/s153C, more so, reason for escaped income of Rs.22,46,300 is below the limit of Rs.50 lakhs; in absence of valid assumption of jurisdiction u/s153C, assessment made u/s143(3) rws.153C would be invalid & is liable to be quashed.” Additional Ground no.2 “On the facts & circumstances