ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA INTERNATIONAL INDUSTRIES LTD., NAGPUR

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl.

unexplained. Ld. CIT (A) has held that "Since no evidence was found as a result of Search adverse to what has been submitted, I have no hesitation in holding that no addition can be made treating share application money and premium as non genuine." (page 20 of the CIT (A) order). Ld. CIT (A)'s decision is contrary

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA INTERNATIONAL INDUSTRIES LTD., NAGPUR

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl.

unexplained. Ld. CIT (A) has held that "Since no evidence was found as a result of Search adverse to what has been submitted, I have no hesitation in holding that no addition can be made treating share application money and premium as non genuine." (page 20 of the CIT (A) order). Ld. CIT (A)'s decision is contrary

M/S SPACEWOOD FURNISHERS PVT. LTD.,,NAGPUR vs. D.C.I.T. CENTRALCIRCLE 1(3), NAGPUR

In the result, the appeal of the assessee is partly allowed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year : 2010-11 M/S. Spacewood Furnishers Pvt. Ltd. Vs. The Dcit T-48, Midc, Hinga, Central Circle 1(3) Nagpur Nagpur Pan No.: Aaccs 4955 R Appellant Respondent

unexplained money found during search and (ii) Rs.44,08,422/- as excess stock as discussed in para 11 of the assessment order. It is this assessment order for A.Y.2010-11 made u/s.143(3) by order dt.10.07.2015 that is challenged by the Assessee as barred by time as the time provided u/s.153(1) to complete the regular assessment u/s.143

ABDUL ASIF ABDUL KADIR ABDUL,AKOLA vs. INCOME TAX OFFICER, ITO WARD-1,AKOLA, AKOLA

In the result, appeal filed by the assessee is allowed for statistical purposes

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

reassessment framed is liable to be cancelled. 5. The addition made by A.O. and upheld by CIT(A) at Rs.1,72,06,081/- u/s 69A and tax levied u/s 115BBE of I.T. Act 1961 is unjustified, unsustainable and unwarranted. 6. The addition made by A.O. and upheld by CIT(A) at Rs.172.06 lacs being deposits in bank account without considering

AXYKNO CAPITAL SERVICES LTD,,NAGPUR vs. DCIT CIRCLE 1, NAGPUR

In the result, both the appeals of the assessee are allowed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am

unexplained cash credits under section 68 of the Income Tax Act, 1961 (“Act”). The facts and grounds in both the appeals being similar in nature, the appeals are being disposed off by this common order for the sake of convenience. The grounds raised by the assessee in both the appeals are as under:- 2 ITA 178/NAG/ 2017 AXYKNO CAPITAL SERVICES

SUMIT PRAKASHRAO FULZELE,CHANDRAPUR vs. ITO WARD 2 , CHANDRAPUR

In the result, appeal filed by the assessee is allowed

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

money deposited in the bank account, same should be added as his unexplained income - yes 5. Praveen Garg vs. ITO 132 taxmann.com 142 (Delhi-ITAT) (2021) - Appellant failed to explain the source of cash deposits - CIT(A) justified in upholding entire cash deposits as unexplained u/s 69A. 6. K.V. Mathew vs. ITO 42 taxmann.com 571 (Kerala High Court) (2014) Where

DY COMMISSIONER OF INOCME TAX , CIRCLE -2, NAGPUR vs. M/S N KUMAR CONSTRUCTION CO .PVT.LTD , NAGPUR

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

Reassessment-Validity-Reopening on the basis of third Party‘s statement-Appellant showing agriculture income-Deposition by A that he was involved in bogus transaction with the appellant and provided ‗accommodation entries‘ in the form of agriculture receipts-Same would constitute reason to believe that income chargeable to tax had escaped assessment-However, it was mandatory for the Revenue

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

reassessment proceeding against the Assessee for the A.Y.2016- 17. 7] In pursuance of proceedings taken up by A.O. after passing of an order u/s.263, he called upon the Assessee to prove the source of frequent deposits in Akola Janta Commerical Cooperative Bank during the year. Assessee filed online reply on 13.09.2021 and further reply Shrikant Bherulal Sharma L/H of Late

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

reassessment proceeding against the Assessee for the A.Y.2016- 17. 7] In pursuance of proceedings taken up by A.O. after passing of an order u/s.263, he called upon the Assessee to prove the source of frequent deposits in Akola Janta Commerical Cooperative Bank during the year. Assessee filed online reply on 13.09.2021 and further reply Shrikant Bherulal Sharma L/H of Late

ABDUL ASIF ABDUL KADIR ABDUL,AKOLA vs. INCOME TAX OFFICER, ITO-WARD-1,AKOLA, AKOLA

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao

reassessment framed is liable to be cancelled. 5. The addition made by A.O. and upheld by CIT(A) at Rs.2,17,41,153/- u/s 69A and tax levied u/s 115BBE of I.T. Act 1961 is unjustified, unsustainable and unwarranted. 6. The addition made by A.O and upheld by CIT(A) at Rs.217.41 lacs being deposits in bank account without considering

BHAWANA HARIRAM LAVHALE,AMRAVATI vs. INCOME TAX OFFICER WARD-3, AMRAVATI

In the result, assessee’s appeal for the assessment year 2013–14 is allowed for statistical purposes

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

money of the assessee. Accordingly, the Assessing Officer assessed the income of the assessee under section 144 / 144B r/w section 147 of the Act at ` 19,88,25,743. He also initiated proceedings under section 271(1)(c) of the Act separately. The assessee being aggrieved by the order so passed by the Assessing Officer, carried the matter before

BHAWANA HARIRAM LAVHALE,AMRAVATI vs. INCOME TAX OFFICER,WARD-3, AMRAVATI

In the result, assessee’s appeal for the assessment year 2013–14 is allowed for statistical purposes

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

money of the assessee. Accordingly, the Assessing Officer assessed the income of the assessee under section 144 / 144B r/w section 147 of the Act at ` 19,88,25,743. He also initiated proceedings under section 271(1)(c) of the Act separately. The assessee being aggrieved by the order so passed by the Assessing Officer, carried the matter before

RAMKRUSHNA ZILBAJI THAKRE ,NAGPUR vs. INCOME TAX OFFICER , WRAD -4(4), NAGPUR

In the result, appeal of the assessee is allowed

reassessment of income under provisions . of Section 147· read with S.143(2) of Ramkrishna Zimbaji Thakre for A.Y.2010-11 and in the matter of addition to income on account of cash deposits in bank accounts under section 68 which are jointly held along with spouse of the assessee and in the matter of rejecting the explanation that said deposits are made

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

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

CHANDRAKUMAR MADHUSUDANJI JAJODIA,THANE vs. ASSISTANT COMMISSIONER OF INCOME TAX, AMRAVATI CIRCLE

In the result, appeal filed by the assessee is allowed

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

reassessment is general in nature and is not on specific transaction of assessee. Evidence placed on record is not found to be incorrect or false. Conclusion of escapement of income tantamount to mere change of opinion. Belief of escapement of income could not be derived on the basis of report of Investigation Wing being not specific to transaction of loan

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

money and evade taxes and lack of genuineness in actual operations of shell companies. 21. On the facts and circumstances of the case and in law, the Ld. CITIA) has deleted the addition by superficially assessing the genuineness of transactions by accepting the documents sighted before him on face value ignoring the surrounding circumstances, preponderance of human probabilities and ground

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

money and evade taxes and lack of genuineness in actual operations of shell companies. 21. On the facts and circumstances of the case and in law, the Ld. CITIA) has deleted the addition by superficially assessing the genuineness of transactions by accepting the documents sighted before him on face value ignoring the surrounding circumstances, preponderance of human probabilities and ground