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

section 263(2) would commence from date of order of assessment u/s 143(1) and not from date on which order of reassessment u/s 147 had been passed. 9 Latitude Infraventures ITA no.349 & 350/Nag./2024 A.Y. 2016–17 & 2017–18 5.1 Chronology of events Sr. Particulars Amount (`) no. 1. Order passed u/s 143(1) 07/06/2018 2. Order passed u/s 147

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

section 263(2) would commence from date of order of assessment u/s 143(1) and not from date on which order of reassessment u/s 147 had been passed. 9 Latitude Infraventures ITA no.349 & 350/Nag./2024 A.Y. 2016–17 & 2017–18 5.1 Chronology of events Sr. Particulars Amount (`) no. 1. Order passed u/s 143(1) 07/06/2018 2. Order passed u/s 147

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

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

reassessment proceedings\ninitiated and assessment framed is unsustainable and liable to be cancelled.\nThe assessee for this proposition places reliance on following decision.\ni) ITAT order in ITA No.3061/Del/2012 in the case of Suresh Chandra vide order\ndated 13/03/2015.\nii) 354 ITR 244 (Guj.) General Motors India (P) Ltd. vs. DCIT\niii) ITAT order in ITA No.731 & 732/Ahd/2007

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

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

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

DATTU SAMPAT VANKHEDE,NAGPUR vs. PCIT-2, NAGPUR

In the result, appeal filed by the assessee is dismissed

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

15. 2. In its appeal, the assessee has raised following grounds:– “1. The order passed by the Pr. Commissioner of Income Tax, Nagpur-2 U/s 263 under the Income Tax Act, 1961 is illegal, invalid and bad in law. 2. The Pr. Commissioner of Income Tax, Nagpur-2 ought to have considered order passed U/s. 143(3) rws 147 since

DY. COMMISSIONER OF INCOME TAX, CIRCLE-3, NAGPUR, NAGPUR vs. VINODKUMAR RAJENDRALAL KOCHHAR, KAMPTEE

In the result, the appeal filed by the department is dismissed

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

15 days of receipt of this Audit Objection Memo. 6. We find that the reopening has been made on the mere change of opinion without any tangible material. The Assessing Officer had applied its mind at the time of assessment since the facts were on record and reopening u/s 147 of the Act and change of opinion is not permissible

VAISHNAV YASHWANT ASHTANKAR,NAGPUR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - NAGPUR 2, NAGPUR

In the result, appeal filed by the assessee is allowed

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

Section 56(2)(vii)(b) this amount should have been added to the total income as Income from Other Source which was not done in the order passed u/s 147 r.w.s. 144B for A.Y. 2016-17. 1. In addition, it is seen that the source of investment in the purchase of property i.e. Rs. 34,28,333/- (1/3rd

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED THROUGH ITS ERSTWHILE DIRECTOR PRASHANT NATWARLAL LAKHANI,NAGPUR vs. DCIT ACIT CIRCLE-3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

147 r/w Faceless 5. 23/09/2024 144 Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.559/Nag./2024 Faceless 6. 23/09/2024 271(1)(b) Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.560/Nag./2024 Faceless 7. 23/09/2024 271(1)(c) Appeal A.Y. 2014–15 by Assessee Centre, Delhi We take up appeal in ITA no.498/Nag./2024

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED,NAGPUR vs. DCIT ACIT CIRCLE -3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

147 r/w Faceless 5. 23/09/2024 144 Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.559/Nag./2024 Faceless 6. 23/09/2024 271(1)(b) Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.560/Nag./2024 Faceless 7. 23/09/2024 271(1)(c) Appeal A.Y. 2014–15 by Assessee Centre, Delhi We take up appeal in ITA no.498/Nag./2024

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED THROUGH ITS ERSTWHILE DIRECTOR PRASHANT NATWARLAL LAKHANI,NAGPUR vs. DCIT ACIT CIRCLE-3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

147 r/w Faceless 5. 23/09/2024 144 Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.559/Nag./2024 Faceless 6. 23/09/2024 271(1)(b) Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.560/Nag./2024 Faceless 7. 23/09/2024 271(1)(c) Appeal A.Y. 2014–15 by Assessee Centre, Delhi We take up appeal in ITA no.498/Nag./2024

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED THROUGH ITS ERSTWHILE DIRECTOR PRASHANT NATWARLAL LAKHANI,NAGPUR vs. DCITACIT CIRCLE-3 , NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

147 r/w Faceless 5. 23/09/2024 144 Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.559/Nag./2024 Faceless 6. 23/09/2024 271(1)(b) Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.560/Nag./2024 Faceless 7. 23/09/2024 271(1)(c) Appeal A.Y. 2014–15 by Assessee Centre, Delhi We take up appeal in ITA no.498/Nag./2024

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED,NAGPUR vs. DCIT ACIT CIRCLE -3, , NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

147 r/w Faceless 5. 23/09/2024 144 Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.559/Nag./2024 Faceless 6. 23/09/2024 271(1)(b) Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.560/Nag./2024 Faceless 7. 23/09/2024 271(1)(c) Appeal A.Y. 2014–15 by Assessee Centre, Delhi We take up appeal in ITA no.498/Nag./2024

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED,NAGPUR vs. DCIT ACIT CIRCLE -3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

147 r/w Faceless 5. 23/09/2024 144 Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.559/Nag./2024 Faceless 6. 23/09/2024 271(1)(b) Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.560/Nag./2024 Faceless 7. 23/09/2024 271(1)(c) Appeal A.Y. 2014–15 by Assessee Centre, Delhi We take up appeal in ITA no.498/Nag./2024

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED,NAGPUR vs. DCIT ACIT CIRCLE -3, NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

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

147 r/w Faceless 5. 23/09/2024 144 Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.559/Nag./2024 Faceless 6. 23/09/2024 271(1)(b) Appeal A.Y. 2014–15 by Assessee Centre, Delhi National ITA no.560/Nag./2024 Faceless 7. 23/09/2024 271(1)(c) Appeal A.Y. 2014–15 by Assessee Centre, Delhi We take up appeal in ITA no.498/Nag./2024