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

2 Maheshwari Coal Benefication & Infrastructure Pvt. Ltd. A.Y. 2009–10 to 2013–14 3. We first take up the issue for adjudication which relates to impugned assessment made under section 153C of the Act being barred by limitation. This issue is involved in the following appeals:- ITA no.108/Nag./2024 for A.Y. 2009-10 ITA no.109/Nag./2024

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

2 Maheshwari Coal Benefication & Infrastructure Pvt. Ltd. A.Y. 2009–10 to 2013–14 3. We first take up the issue for adjudication which relates to impugned assessment made under section 153C of the Act being barred by limitation. This issue is involved in the following appeals:- ITA no.108/Nag./2024 for A.Y. 2009-10 ITA no.109/Nag./2024

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

2 Maheshwari Coal Benefication & Infrastructure Pvt. Ltd. A.Y. 2009–10 to 2013–14 3. We first take up the issue for adjudication which relates to impugned assessment made under section 153C of the Act being barred by limitation. This issue is involved in the following appeals:- ITA no.108/Nag./2024 for A.Y. 2009-10 ITA no.109/Nag./2024

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

2 Maheshwari Coal Benefication & Infrastructure Pvt. Ltd. A.Y. 2009–10 to 2013–14 3. We first take up the issue for adjudication which relates to impugned assessment made under section 153C of the Act being barred by limitation. This issue is involved in the following appeals:- ITA no.108/Nag./2024 for A.Y. 2009-10 ITA no.109/Nag./2024

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

2 Maheshwari Coal Benefication & Infrastructure Pvt. Ltd. A.Y. 2009–10 to 2013–14 3. We first take up the issue for adjudication which relates to impugned assessment made under section 153C of the Act being barred by limitation. This issue is involved in the following appeals:- ITA no.108/Nag./2024 for A.Y. 2009-10 ITA no.109/Nag./2024

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

153C for A.Y. 2011-12 & u/s 143(3) for A.Y. 2012-13 was completed on 30.09.2013 at assessed Income of Rs 4,64,83,340/- 'Nil' income respectively. Thereafter, search was conducted on 02.12.2014 on Bajoria Agrawal group of ACIT Vs. Radha Madhav Developers ITA nos. 26,27,47,48,49, 140/Nag./2021 & CO Nos. 3, 4 5/Nag/2023 which assessee

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

153C for A.Y. 2011-12 & u/s 143(3) for A.Y. 2012-13 was completed on 30.09.2013 at assessed Income of Rs 4,64,83,340/- 'Nil' income respectively. Thereafter, search was conducted on 02.12.2014 on Bajoria Agrawal group of ACIT Vs. Radha Madhav Developers ITA nos. 26,27,47,48,49, 140/Nag./2021 & CO Nos. 3, 4 5/Nag/2023 which assessee

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

153C for A.Y. 2011-12 & u/s 143(3) for A.Y. 2012-13 was completed on 30.09.2013 at assessed Income of Rs 4,64,83,340/- 'Nil' income respectively. Thereafter, search was conducted on 02.12.2014 on Bajoria Agrawal group of ACIT Vs. Radha Madhav Developers ITA nos. 26,27,47,48,49, 140/Nag./2021 & CO Nos. 3, 4 5/Nag/2023 which assessee

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

153C for A.Y. 2011-12 & u/s 143(3) for A.Y. 2012-13 was completed on 30.09.2013 at assessed Income of Rs 4,64,83,340/- 'Nil' income respectively. Thereafter, search was conducted on 02.12.2014 on Bajoria Agrawal group of ACIT Vs. Radha Madhav Developers ITA nos. 26,27,47,48,49, 140/Nag./2021 & CO Nos. 3, 4 5/Nag/2023 which assessee

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

153C for A.Y. 2011-12 & u/s 143(3) for A.Y. 2012-13 was completed on 30.09.2013 at assessed Income of Rs 4,64,83,340/- 'Nil' income respectively. Thereafter, search was conducted on 02.12.2014 on Bajoria Agrawal group of ACIT Vs. Radha Madhav Developers ITA nos. 26,27,47,48,49, 140/Nag./2021 & CO Nos. 3, 4 5/Nag/2023 which assessee

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

153C for A.Y. 2011-12 & u/s 143(3) for A.Y. 2012-13 was completed on 30.09.2013 at assessed Income of Rs 4,64,83,340/- 'Nil' income respectively. Thereafter, search was conducted on 02.12.2014 on Bajoria Agrawal group of ACIT Vs. Radha Madhav Developers ITA nos. 26,27,47,48,49, 140/Nag./2021 & CO Nos. 3, 4 5/Nag/2023 which assessee

ATUL MANOHARRAO YAMSANWAR,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 2(1), NAGPUR

2 additions made by the AO. The first addition was made qua\ncash deposited in the bank, amounting to Rs.15,04,35,000. The second\naddition was made with regard to cash introduced via an entry operator i.e.,\none, Mr Vipin Garg. The amount added qua this aspect was pegged at\nRs.1,54,07,100.\n11. Despite these additions, which

UMESH SADASHIV THAKRE ,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

2 additions made by the AO. The first addition was made qua\ncash deposited in the bank, amounting to Rs.15,04,35,000. The second\naddition was made with regard to cash introduced via an entry operator i.e.,\none, Mr Vipin Garg. The amount added qua this aspect was pegged at\nRs.1,54,07,100.\n11. Despite these additions, which

ATUL MANOHARRAO YAMSANWAR,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 2(1), NAGPUR

2 days prior to the deadline\nthereby putting the approving authority under great pressure and not giving\nhim sufficient time to apply his mind; (ii) the final approval must be in\nwriting; (iii) The fact that approval has been obtained, should be mentioned\nin the body of the assessment order.”\n14. During the course of arguments, Id counsel

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. ATUL YAMSANWAR , NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

2 days prior to the deadline\nthereby putting the approving authority under great pressure and not giving\nhim sufficient time to apply his mind; (ii) the final approval must be in\nwriting; (iii) The fact that approval has been obtained, should be mentioned\nin the body of the assessment order.”\n14. During the course of arguments, Id counsel

YRCE EDUCATE PVT. LTD,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(1), NAGPUR

2 days prior to the deadline\nthereby putting the approving authority under great pressure and not giving\nhim sufficient time to apply his mind; (ii) the final approval must be in\nwriting; (iii) The fact that approval has been obtained, should be mentioned\nin the body of the assessment order.”\n14. During the course of arguments, Id counsel

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. ATUL YAMSANWAR , NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

2 (Del HC) dt.13-7-23,\nconcluded that-\n“7. The Tribunal has via the impugned order set aside the additions made\nqua the income of the asseessee inter alia, on the Gr. that there was no\napplication of mind by the Addl.CIT in granting approval u/s153D.\n8. To be noted, an assessment order was framed qua the asseessee\nu/s153A, rws.143

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR vs. ATUL YAMSANWAR , NAGPUR

In the result, all the appeals filed by the assessee are allowed and all\nthe appeals filed by the Revenue are dismissed

2 days prior to the deadline thereby putting the\napproving authority under great pressure and not giving him sufficient time\nto apply his mind;\n(ii) the final approval must be in writing;\n(iii) The fact that approval has been obtained, should be mentioned in the\nbody of the assessment order.\n14. During the course of arguments, Id counsel

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

147, section 148,section 149, section-151 and section 153, in the case of a person where a search isinitiated under section 132 or books of account, other documents or any assets arerequisitioned under section 132A after the 31st day of May, 2003, the Assessing Officershall— (a) issue notice to such person requiring him to furnish within such period