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

search and seizure proceeding. It cannot be a case of the assessee that by making additional expenditure on construction outside the book, he is not going to recover the same from the purchasers of the flats. It is beyond the concept of preponderance and human probabilities that a businessman has ventured into a commercial venture only to make loos

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

search and seizure proceeding. It cannot be a case of the assessee that by making additional expenditure on construction outside the book, he is not going to recover the same from the purchasers of the flats. It is beyond the concept of preponderance and human probabilities that a businessman has ventured into a commercial venture only to make loos

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

search and seizure proceeding. It cannot be a case of the assessee that by making additional expenditure on construction outside the book, he is not going to recover the same from the purchasers of the flats. It is beyond the concept of preponderance and human probabilities that a businessman has ventured into a commercial venture only to make loos

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

search and seizure proceeding. It cannot be a case of the assessee that by making additional expenditure on construction outside the book, he is not going to recover the same from the purchasers of the flats. It is beyond the concept of preponderance and human probabilities that a businessman has ventured into a commercial venture only to make loos

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

search and seizure action under Section 132. If this be the case, then certainly the provisions of Section 153C read with Section 153A would be applicable, as held by the Supreme Court in Abhisar Buildwell P. Ltd. (supra) when the Court interpreted the effect and purport of Section 153C and 153A, as also held by the Rajasthan High Court

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 and seizure under section 132 has been conducted on 11-7- 19, which is concluded on 12/07/2019, in the business premises of the assessee at H.No.697, Behind 16 Kholi, Tikrapara, Bilaspur; Notice under section 153A was issued on 16/09/2020 to the assessee for filing the ROI under section 153A for AY14-15, and in response to, the assessee

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 and seizure under section 132 has been conducted on 11-7- 19, which is concluded on 12/07/2019, in the business premises of the assessee at H.No.697, Behind 16 Kholi, Tikrapara, Bilaspur; Notice under section 153A was issued on 16/09/2020 to the assessee for filing the ROI under section 153A for AY14-15, and in response to, the assessee

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 and seizure under section 132 has been conducted on 11-7- 19, which is concluded on 12/07/2019, in the business premises of the assessee at H.No.697, Behind 16 Kholi, Tikrapara, Bilaspur; Notice under section 153A was issued on 16/09/2020 to the assessee for filing the ROI under section 153A for AY14-15, and in response to, the assessee

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 and seizure under section 132 has been conducted on 11-7- 19, which is concluded on 12/07/2019, in the business premises of the assessee at H.No.697, Behind 16 Kholi, Tikrapara, Bilaspur; Notice under section 153A was issued on 16/09/2020 to the assessee for filing the ROI under section 153A for AY14-15, and in response to, the assessee

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 and seizure under section 132 has been conducted on 11-7- 19, which is concluded on 12/07/2019, in the business premises of the assessee at H.No.697, Behind 16 Kholi, Tikrapara, Bilaspur; Notice under section 153A was issued on 16/09/2020 to the assessee for filing the ROI under section 153A for AY14-15, and in response to, the assessee

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 and seizure under section 132 has been conducted on 11-7- 19, which is concluded on 12/07/2019, in the business premises of the assessee at H.No.697, Behind 16 Kholi, Tikrapara, Bilaspur; Notice under section 153A was issued on 16/09/2020 to the assessee for filing the ROI under section 153A for AY14-15, and in response to, the assessee

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, assessment proceedings are initiated against the „searched person‟ u/s153A. At the time of initiation of such proceedings against the „searched person‟ or during the assessment proceedings against him or even after the completion of the assessment proceedings against him, the AO of such a „searched person‟, may, if he is satisfied, that any money, document etc. belongs

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, assessment proceedings are initiated against the „searched person‟ u/s153A. At the time of initiation of such proceedings against the „searched person‟ or during the assessment proceedings against him or even after the completion of the assessment proceedings against him, the AO of such a „searched person‟, may, if he is satisfied, that any money, document etc. belongs

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, assessment proceedings are initiated against the „searched person‟ u/s153A. At the time of initiation of such proceedings against the „searched person‟ or during the assessment proceedings against him or even after the completion of the assessment proceedings against him, the AO of such a „searched person‟, may, if he is satisfied, that any money, document etc. belongs

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, assessment proceedings are initiated against the „searched person‟ u/s153A. At the time of initiation of such proceedings against the „searched person‟ or during the assessment proceedings against him or even after the completion of the assessment proceedings against him, the AO of such a „searched person‟, may, if he is satisfied, that any money, document etc. belongs

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, assessment proceedings are initiated against the „searched person‟ u/s153A. At the time of initiation of such proceedings against the „searched person‟ or during the assessment proceedings against him or even after the completion of the assessment proceedings against him, the AO of such a „searched person‟, may, if he is satisfied, that any money, document etc. belongs

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

68, which is ignored by the Addl.CIT while granting such mechanical approval. He has not even cared that in the absence of required satisfaction note“ for each year separately, entire assessment under section 153C would be vitiated. 60. In the present case before us, we noted that the Addl.CIT did not mention anything in the approval order passed under section

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

68, which is ignored by the Addl.CIT while granting such mechanical approval. He has not even cared that in the absence of required satisfaction note“ for each year separately, entire assessment under section 153C would be vitiated.\n60.\nIn the present case before us, we noted that the Addl.CIT did not mention anything in the approval order passed under section