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

reassessment u/s 147 had been passed. 4. Whether on the facts and circumstances, the learned CIT erred in neither making any enquiry on his own nor considering merits of case but simply directed the learned AO to make proper enquiry and further verification thereby, rendering the order passed u/s 263 bad in law which deserves to be set aside

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

reassessment u/s 147 had been passed. 4. Whether on the facts and circumstances, the learned CIT erred in neither making any enquiry on his own nor considering merits of case but simply directed the learned AO to make proper enquiry and further verification thereby, rendering the order passed u/s 263 bad in law which deserves to be set aside

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

u/s 148 he has declared income from salary, interest and Misc receipts only, No commission receipts is offered." 6.1.8 It is noted that appellant himself kept changing the stance in his responses in respect of his business activities and maintenance of books of accounts. AO conclusively established that addition shall be made under the provisions of 69 of income

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

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

business income shown u/s 44AD of the I.T. Act, 1961.\n5. (a) On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in allowing the short term capital loss of Rs. 61,56,885/- without any evidence submitted before the assessing officer.\n(b) On the facts and in the circumstances

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

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

business of development of real estate. An Action u/s 132(1) of the Income Tax Act, 1961 was conducted in the case of Bajoria- Agrawal group on 02/12/2014. During the course of search action, various Incriminating documents were found and seized from assessee's premises. On perusal of the record, it is seen that during the relevant previous years

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

business of development of real estate. An Action u/s 132(1) of the Income Tax Act, 1961 was conducted in the case of Bajoria- Agrawal group on 02/12/2014. During the course of search action, various Incriminating documents were found and seized from assessee's premises. On perusal of the record, it is seen that during the relevant previous years

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

business of development of real estate. An Action u/s 132(1) of the Income Tax Act, 1961 was conducted in the case of Bajoria- Agrawal group on 02/12/2014. During the course of search action, various Incriminating documents were found and seized from assessee's premises. On perusal of the record, it is seen that during the relevant previous years

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

business of development of real estate. An Action u/s 132(1) of the Income Tax Act, 1961 was conducted in the case of Bajoria- Agrawal group on 02/12/2014. During the course of search action, various Incriminating documents were found and seized from assessee's premises. On perusal of the record, it is seen that during the relevant previous years

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

business of development of real estate. An Action u/s 132(1) of the Income Tax Act, 1961 was conducted in the case of Bajoria- Agrawal group on 02/12/2014. During the course of search action, various Incriminating documents were found and seized from assessee's premises. On perusal of the record, it is seen that during the relevant previous years

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

business of development of real estate. An Action u/s 132(1) of the Income Tax Act, 1961 was conducted in the case of Bajoria- Agrawal group on 02/12/2014. During the course of search action, various Incriminating documents were found and seized from assessee's premises. On perusal of the record, it is seen that during the relevant previous years

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

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

In the result, assessee' appeal for A

Income Tax Act,\n1961. Further, the AO did not find the explanation offered by the assessee\nsatisfactory and stated that the assessee has failed to discharge its onus\ntowards explaining the credit of Rs.15,00,000/-. We respectfully object to the\nabove observations and allegations made by the AO as the same are based on\nconjectures and surmises

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

Income Tax,\nCentral Circle-1(3), Nagpur passed u/s. 143(3) r.w.s. 153A is bad in law and\nwrong on facts and the learned CIT(A) erred in confirming the same.\n(2) That the learned CIT(A) erred in law and on facts in confirming the\naddition made by AO in the proceedings u/s 153A of the Income

M/S NEW VIRAJ HOUSING AGENCY,NAGPUR vs. ACIT, CENTRAL CIRCLE-1(1), NAGPUR

In the result, the appeals filed by the assessee for all the three years is allowed

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

business premises of the assessee firm at 16 &17, Medical College Road, TB Ward Chowk, Ajni, Nagpur. 8. Before deciding whether the assessing officer has validly assumed jurisdiction u/s 153A, it is necessary to analyze the provisions of section 132(1) and 153A. The provisions of section 132(1) and 153A are reproduced as under: 12 ITA183/NAG/2017 NEW VIRAJ HOUSING

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

In the result, assessee' appeal for A

income-tax as the income of the assessee of that previous year. In this, case the legislative mandate is not in terms of the words \"shall be charged to income-tax as the income of the assessee of that previous year\". The Supreme Court while interpreting similar phraseology used in section 69 has held that in creating the legal fiction

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

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

Income Tax (Appeals)–. Nagpur, [“learned CIT(A)”], for the assessment year 2009–10, 2010–11, 2011–12, 2012–13 and 2013–14 respectively. 2. Since all these appeals pertain to the same assessee, therefore, as a matter of convenience, these appeals were heard together and are being disposed off by way of this consolidated order. 2 Maheshwari Coal Benefication & Infrastructure