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

search on 11/07/2019 which has been accepted by the Revenue and thus, it cannot be added under section 68 on this count also. However, this vital fact has also not been cared by the Addl.CIT and granted approval without even reading the draft assessment order and without perusing the assessment records and facts of the assessee. ii) The Addl.CIT

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

search on 11/07/2019 which has been accepted by the Revenue and thus, it cannot be added under section 68 on this count also. However, this vital fact has also not been cared by the Addl.CIT and granted approval without even reading the draft assessment order and without perusing the assessment records and facts of the assessee. ii) The Addl.CIT

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

search on 11/07/2019 which has been accepted by the Revenue and thus, it cannot be added under section 68 on this count also. However, this vital fact has also not been cared by the Addl.CIT and granted approval without even reading the draft assessment order and without perusing the assessment records and facts of the assessee. ii) The Addl.CIT

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

search on 11/07/2019 which has been accepted by the Revenue and thus, it cannot be added under section 68 on this count also. However, this vital fact has also not been cared by the Addl.CIT and granted approval without even reading the draft assessment order and without perusing the assessment records and facts of the assessee. ii) The Addl.CIT

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

search on 11/07/2019 which has been accepted by the Revenue and thus, it cannot be added under section 68 on this count also. However, this vital fact has also not been cared by the Addl.CIT and granted approval without even reading the draft assessment order and without perusing the assessment records and facts of the assessee. ii) The Addl.CIT

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

search on 11/07/2019 which has been accepted by the Revenue and thus, it cannot be added under section 68 on this count also. However, this vital fact has also not been cared by the Addl.CIT and granted approval without even reading the draft assessment order and without perusing the assessment records and facts of the assessee. ii) The Addl.CIT

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

reassessment u/s 148, overlooking the fact that copy of reasons recorded were not supplied to the assessee in spite of specific request by the assessee. 3. The Ld. CIT(A) failed to note that the AO invoked Section 68 but made the final addition u/s 69 without providing the opportunity to the appellant to respond, violating natural justice

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under Section 132 or books of account, other documents or any assets are requisitioned under Section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under Section 132 or books of account, other documents or any assets are requisitioned under Section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under Section 132 or books of account, other documents or any assets are requisitioned under Section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under Section 132 or books of account, other documents or any assets are requisitioned under Section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under Section 132 or books of account, other documents or any assets are requisitioned under Section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish

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

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under Section 132 or books of account, other documents or any assets are requisitioned under Section 132-A after the 31st day of May, 2003, the Assessing Officer shall- (a) issue notice to such person requiring him to furnish

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

seizure u/s132 has been conducted upon a third party i.e., M/s.RKTC Group, Korba; M/s.Rashi Steels P. Ltd., Kolkata and Shri Suresh Kumar Agrawal, Kolkata, on 22/01/2019, some documents was found/seized from the searched premises of M/s.Rashi Steels, / Suresh Agrawal, Kolkata and statement under section 132(4) of the Act was recorded in respect of Shri Suresh Agrawal, Kolkata, Director

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

seizure u/s132 has been conducted upon a third party i.e., M/s.RKTC Group, Korba; M/s.Rashi Steels P. Ltd., Kolkata and Shri Suresh Kumar Agrawal, Kolkata, on 22/01/2019, some documents was found/seized from the searched premises of M/s.Rashi Steels, / Suresh Agrawal, Kolkata and statement under section 132(4) of the Act was recorded in respect of Shri Suresh Agrawal, Kolkata, Director

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

seizure u/s132 has been conducted upon a third party i.e., M/s.RKTC Group, Korba; M/s.Rashi Steels P. Ltd., Kolkata and Shri Suresh Kumar Agrawal, Kolkata, on 22/01/2019, some documents was found/seized from the searched premises of M/s.Rashi Steels, / Suresh Agrawal, Kolkata and statement under section 132(4) of the Act was recorded in respect of Shri Suresh Agrawal, Kolkata, Director

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

seizure u/s132 has been conducted upon a third party i.e., M/s.RKTC Group, Korba; M/s.Rashi Steels P. Ltd., Kolkata and Shri Suresh Kumar Agrawal, Kolkata, on 22/01/2019, some documents was found/seized from the searched premises of M/s.Rashi Steels, / Suresh Agrawal, Kolkata and statement under section 132(4) of the Act was recorded in respect of Shri Suresh Agrawal, Kolkata, Director

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

seizure u/s132 has been conducted upon a third party i.e., M/s.RKTC Group, Korba; M/s.Rashi Steels P. Ltd., Kolkata and Shri Suresh Kumar Agrawal, Kolkata, on 22/01/2019, some documents was found/seized from the searched premises of M/s.Rashi Steels, / Suresh Agrawal, Kolkata and statement under section 132(4) of the Act was recorded in respect of Shri Suresh Agrawal, Kolkata, Director

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

In the result, assessee' appeal for A

search action u/s 132\nwhich can be termed as incriminating in nature. The addition is not made\nreferring to any kind of incriminating document found during the course of\nsearch. The addition made merely on the basis of entries made in the regular\nbooks of accounts of the assessee duly reflected in the assessee's financial\n30\nShri Sanjay Dhanraj