INCOME TAX OFFICER, WARD 5(3),, NAGPUR vs. M/S. 21ST CENTURY INFRASTRUCTURE (INDIA) PVT. LTD., NAGPUR

In the result, the appeal of the Department is dismissed

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

10 ITA207/NAG/2017 ITO, WARD 5(3), JAIPUR VS 21st CENTURY INFRASTRUCTURE (INDIA) PVT. LTD. NAGAPUR does not entitle the Revenue to add the same to the assessee's income as unexplained cash credit." 2.14 In the assessee’s case, as the AO was satisfied with the identity and credit worthiness of the investor and genuineness of transactions

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

In the result, assessee' appeal for A

10 lakhs. Subsequently there is note that Rs. 20 lakhs received on 24. The same can be seen as payment from the account of Omega Industries on 24th. Similarly. Rs. 20 lakhs is mentioned as received in Chattisgarh. The same is duly found paid from the Bank Account of Omega Industries, Chattisgar Below these notifications is again the reconciliation

RAVINDRA MADANLAL KHANDELWAL,AKOLA vs. DCIT/ACIT CIRCLE , AKOLA

In the result, appeal filed by the assessee is allowed for statistical purposes

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

20,84,000, as unexplained cash credit under Section 68 of the Act was upheld by dismissing the ground raised by the assessee. 7. Ground no.2, relates to disallowance on account of interest amounting to ` 97,66,308. 8. The Assessing Officer noticed that the assessee failed to provide adequate documentation to prove that the interest expenses were incurred

RAMKRUSHNA ZILBAJI THAKRE ,NAGPUR vs. INCOME TAX OFFICER , WRAD -4(4), NAGPUR

In the result, appeal of the assessee is allowed

10 percent of market price. The impossible requires to be rejected on the basis of common sense and probability. The documents in the form of Govt rates for stamp duty shows that market rate in relevant area is Rs.65,00,000 per hector. Thus value of said land which is roughly 2.5 hector comes to 1 crore 52 lakhs

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

20 and thereafter the Assessing Officer of the assessee has recorded consolidated satisfaction note for the assessment year 2009–10 and 2010–11 and another consolidated satisfaction note for the assessment year 2011–12 to 2013–14. There is no co–relation with the documents year–wise to clearly point out as to how the documents pertain 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

20 and thereafter the Assessing Officer of the assessee has recorded consolidated satisfaction note for the assessment year 2009–10 and 2010–11 and another consolidated satisfaction note for the assessment year 2011–12 to 2013–14. There is no co–relation with the documents year–wise to clearly point out as to how the documents pertain 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

20 and thereafter the Assessing Officer of the assessee has recorded consolidated satisfaction note for the assessment year 2009–10 and 2010–11 and another consolidated satisfaction note for the assessment year 2011–12 to 2013–14. There is no co–relation with the documents year–wise to clearly point out as to how the documents pertain 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

20 and thereafter the Assessing Officer of the assessee has recorded consolidated satisfaction note for the assessment year 2009–10 and 2010–11 and another consolidated satisfaction note for the assessment year 2011–12 to 2013–14. There is no co–relation with the documents year–wise to clearly point out as to how the documents pertain 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

20 and thereafter the Assessing Officer of the assessee has recorded consolidated satisfaction note for the assessment year 2009–10 and 2010–11 and another consolidated satisfaction note for the assessment year 2011–12 to 2013–14. There is no co–relation with the documents year–wise to clearly point out as to how the documents pertain to the assessee

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

68,000, was made on account of alleged commission income.\nA survey action under section 133A of the Act was also carried out at the\nofficial premises of assessee i.e., M/s. SNJ & Associates, (a Partnership Firm\nin which Shri Sanjay Jain, who is a Chartered Accountant, is also a Partner)\nsituated at 1st Floor, Mangalam Icon, Ramnagar Square, Nagpur

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

68,000, was made on account of alleged commission income.\nA survey action under section 133A of the Act was also carried out at the\nofficial premises of assessee i.e., M/s. SNJ & Associates, (a Partnership Firm\nin which Shri Sanjay Jain, who is a Chartered Accountant, is also a Partner)\nsituated at 1st Floor, Mangalam Icon, Ramnagar Square, Nagpur

THE DY. C.I.T., CENTRAL CIR. 2(1),, NAGPUR vs. M/S MAHAVIR COAL RESOURCES PVT. LTD.,,

In the result, appeal filed by the Revenue for A

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

10 M/s. Mahavir Coal Resources Pvt. Ltd. Assessment Year – 2010–11 of the Act is not applicable. The Hon’ble Jurisdictional High Court in Gagandeep Infrastructure Pvt. Ltd., vide judgment dated 20/03/2017 at Para–(e) at Page 5 of the judgment, has held as under:– “(e) We find that the proviso to Section 68 of the Act has been

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4, NAGPUR, NAGPUR vs. SHIKHA INDRAKUMAR AGRAWAL, NAGPUR

In the result, appeal by the assessee stands allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy

20 unexplained expenditure under section 69C of the Act at 7,53,672, being 5% of the amount of addition made under section 68 of the Act at 1,50,73,436. The aforesaid addition has been upheld by learned CIT(A) by noting at Para 5 that the assessee might have incurred an expenditure for giving commission

THE DY. C.I.T., CENTRAL CIR. 2(1),, NAGPUR vs. M/S MAHAVIR COAL RESOURCES PVT. LTD.,,

In the result, appeal filed by the Revenue for A

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

10 M/s. Mahavir Coal Resources Pvt. Ltd. Assessment Year – 2011–12 only from 1st April, 2013 was its normal meaning. The Parliament did not introduce to proviso to Section 68 of the Act with retrospective effect nor does the proviso so introduced states that it was introduced “for removal of doubts” or that it is “declaratory”. Therefore

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

In the result, assessee' appeal for A

68,000, was made on account of alleged commission income.\nA survey action under section 133A of the Act was also carried out at the\nofficial premises of assessee i.e., M/s. SNJ & Associates, (a Partnership Firm\nin which Shri Sanjay Jain, who is a Chartered Accountant, is also a Partner)\nsituated at 1st Floor, Mangalam Icon, Ramnagar Square, Nagpur

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

68,000, was made on account of alleged commission income.\nA survey action under section 133A of the Act was also carried out at the\nofficial premises of assessee i.e., M/s. SNJ & Associates, (a Partnership Firm\nin which Shri Sanjay Jain, who is a Chartered Accountant, is also a Partner)\n\nsituated at 1st Floor, Mangalam Icon, Ramnagar Square

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

68,000, was made on account of alleged commission income.\nA survey action under section 133A of the Act was also carried out at the\nofficial premises of assessee i.e., M/s. SNJ & Associates, (a Partnership Firm\nin which Shri Sanjay Jain, who is a Chartered Accountant, is also a Partner)\nsituated at 1st Floor, Mangalam Icon, Ramnagar Square, Nagpur

DCIT-CC-2(1), NAGPUR, NAGPUR vs. INDRAKUMAR GHISULAL AGRAWAL, NAGPUR

In the result, appeal by the assessee stands allowed

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy

68 of the Act in respect to sale proceeds of shares sold on Stock Exchange and claim u/s 10(38) of the Act. The judgments rendered by Hon’ble Bombay, Orissa, Gujarat and Rajasthan High Courts have attained finality on dismissal of SLP by the Hon’ble Supreme Court. Various judgments are placed on record to substantiate the submissions made