DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S. FUELCO COAL INDIA LTD., NAGPUR

Appeal of the Revenue is dismissed

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

section 40(a)(ia) are applicable in appellant's case and therefore the addition made by the AO was not warranted. The addition of Rs 1,50,000/- made u/s 40(a)(ia) may be deleted only if the appellant's AR submits necessary documentary evidence in support of his contention. Hence, this ground of appeal is 'partly allowed

ACIT-CENTRAL CIRCLE -2(1), NAGPUR vs. SHRI NANDKUMAR KHATTUMAL HARCHANDANI , NAGPUR

In the result, appeal of the Revenue stands dismissed

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

68 of the Act at ` 5,87,48,683. 5. The assessee has made investment in shares amount to ` 20,59,64,034. The assessee has borrowed fund of ` 13,17,91,188, on which interest amounting to ` 9,98,869, has been paid. The said interest paid were the interest on vehicle loan and LIC loans and rightly allowable

GAJANAND FINANCIAL CONSULTANCY PRIVATE LIMITED,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) NAGPUR, NAGPUR

In the result, assessee’s appeal is allowed

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

section 263 of the Act, the learned PCIT is embarking on a different trajectory to revise the assessment in the case of assessee which is made on a protective basis thereby creating a divergence in the quantum of additions under substantive and protective assessment which, in our considered view, cannot be countenanced and the methodology so adopted

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

124 TTJ 674 (Jodhpur) iii) Charchit Agarwal Vs ACIT (2009) 34 SOT 348 (Delhi) 6 Smt. AanjuSaraf 8. Before us, the learned Counsel for the assessee submitted that the issue relating to claim made under section 80IB of the Act has been decided by the Tribunal in assessee’s own case for the assessment year

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

124 TTJ 674 (Jodhpur) iii) Charchit Agarwal Vs ACIT (2009) 34 SOT 348 (Delhi) 6 Smt. AanjuSaraf 8. Before us, the learned Counsel for the assessee submitted that the issue relating to claim made under section 80IB of the Act has been decided by the Tribunal in assessee’s own case for the assessment year

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

124 TTJ 674 (Jodhpur) iii) Charchit Agarwal Vs ACIT (2009) 34 SOT 348 (Delhi) 6 Smt. AanjuSaraf 8. Before us, the learned Counsel for the assessee submitted that the issue relating to claim made under section 80IB of the Act has been decided by the Tribunal in assessee’s own case for the assessment year

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

124 TTJ 674 (Jodhpur) iii) Charchit Agarwal Vs ACIT (2009) 34 SOT 348 (Delhi) 6 Smt. AanjuSaraf 8. Before us, the learned Counsel for the assessee submitted that the issue relating to claim made under section 80IB of the Act has been decided by the Tribunal in assessee’s own case for the assessment year

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

124 TTJ 674 (Jodhpur) iii) Charchit Agarwal Vs ACIT (2009) 34 SOT 348 (Delhi) 6 Smt. AanjuSaraf 8. Before us, the learned Counsel for the assessee submitted that the issue relating to claim made under section 80IB of the Act has been decided by the Tribunal in assessee’s own case for the assessment year

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

124 TTJ 674 (Jodhpur) iii) Charchit Agarwal Vs ACIT (2009) 34 SOT 348 (Delhi) 6 Smt. AanjuSaraf 8. Before us, the learned Counsel for the assessee submitted that the issue relating to claim made under section 80IB of the Act has been decided by the Tribunal in assessee’s own case for the assessment year

MRS. BEANT KAUR JUNEJA,NAGPUR vs. INCOME TAX OFFICER, WARD-4(2), NAGPUR

The appeal of the assessee is ALLOWED

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 018/Nag/2023 निर्धारण वषा / Assessment Year : 2017-18 Beantkaur Avtarsingh Juneja Hp Petrol Pump, Dosar Bhavan, C. A. Road, Nagpur-440002. Pan: Aflpj2956E . . . . . . . अपीलार्थी / Appellant

68,859/. 2.3 Aggrieved assessee carried the matter in appeal before first appellate authority u/s 246A(1)(a) of the Act. While dealing with assessee’s appeal the Ld. NFAC provided as much as six opportunities from January, 2021 to March, 2022, however, the assessee failed to effectively establish the reasonable cause beyond delayed filing of TAR to the satisfaction

HIGH RISE CONSTRUCTION,NAGPUR vs. I.T.O. WARD 1(5), NAGPUR

In the result this appeal by the assessee is allowed for statistical purposes

Bench: Shri Shamim Yahya.

section 80IB(10)(f) of the Act. Learned counsel submitted that the said provision was not applicable to the assessee. In this regard learned counsel submitted the following in the form of paper book in support of his contentions : Copy of detailed submissions filed before AO PB Page 1 to 5. Copy of Audit Report Form 10CCB PB Page

ASSTT. CIT, CIR- 7, NAGPUR vs. M/S. NEWQUEST CORPORATION LTD., CHANDRAPUR

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S.Newquest Corporation Ltd. Circle-7, (Now Known As M/S. Avantha Nagpur Holding Ltd. Ballalrpur Paper Mills P.O. Ballarpur, Distt. Chandrapur Pan No.:Aabcb 6134 E Appellant Respondent

68,734/- on sale of its investment without appreciating the fact that mere showing of shares under investment do not tantamount to investment surplus on sale of which would be capital gains.? 3. Whether on the facts and in the circumstances of the case and in law the ld. CIT(A) was right in allowing assessee’s claim of Brand

ACIT, CIRCLE- 3, NAGPUR vs. M/S SOLARIES HOLDING LTD.,, NEW DELHI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2008-2009 The Acit Vs. M/S. Solaries Holdings Ltd. Circle-3, Thapar House, 124, Nagpur Janpath, New Delhi Panno.:Aahcs 59040 B Appellant Respondent Revenue By :Shripiyushkolhe (Cit-Dr) Assessee By: Shri K.P. Dewani (Adv.) Date Of Hearing: 18/04/2022 Date Of Pronouncement: 28/06/2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Department Against The Order Of The Ld. Cit-Ii, Nagpur Dated 01/09/2014 Passed U/S 143(3) Of The Income Tax Act, 1961 For The A.Y. 2008-09 Wherein The Department Has Raised The Following Grounds Of Appeal.

124, Nagpur Janpath, New Delhi PANNo.:AAHCS 59040 B Appellant Respondent Revenue by :ShriPiyushKolhe (CIT-DR) Assessee by: Shri K.P. Dewani (Adv.) Date of Hearing: 18/04/2022 Date of Pronouncement: 28/06/2022 ORDER PER: SANDEEP GOSAIN, J.M. This appeal has been filed by the Department against the order of the ld. CIT-II, Nagpur dated 01/09/2014 passed

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA GLOBAL RESOURCES LTD(EAELIER KNOWN AS GUPTA COALFIELDS 7 WASHHERIES LTD), NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 153A of the Act. In view of the above discussion, we set aside the order of the Ld. CIT(A) and allow the grounds No.1 to 5. 44. Ground No.6 raised in cross objection is identical to ground No.1 of the Revenue‟s appeal being ITA No.477/NAG/2014. Since we have dismissed the ground No.1 in Revenue‟s appeal

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA GLOBAL RESOURCES LTD(EAELIER KNOWN AS GUPTA COALFIELDS & WASHHERIES LTD), NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 153A of the Act. In view of the above discussion, we set aside the order of the Ld. CIT(A) and allow the grounds No.1 to 5. 44. Ground No.6 raised in cross objection is identical to ground No.1 of the Revenue‟s appeal being ITA No.477/NAG/2014. Since we have dismissed the ground No.1 in Revenue‟s appeal

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA COAL(INDIA) LTD, NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 153A of the Act. In view of the above discussion, we set aside the order of the Ld. CIT(A) and allow the grounds No.1 to 5. 44. Ground No.6 raised in cross objection is identical to ground No.1 of the Revenue‟s appeal being ITA No.477/NAG/2014. Since we have dismissed the ground No.1 in Revenue‟s appeal

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA COAL(INDIA) LTD, NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 153A of the Act. In view of the above discussion, we set aside the order of the Ld. CIT(A) and allow the grounds No.1 to 5. 44. Ground No.6 raised in cross objection is identical to ground No.1 of the Revenue‟s appeal being ITA No.477/NAG/2014. Since we have dismissed the ground No.1 in Revenue‟s appeal

ASSTT. C.I.T, CENTRAL CIR, -2(1), NAGPUR vs. M/S GUPTA COAL(INDIA) LTD, NAGPUR

In the result, cross objections No

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

section 153A of the Act. In view of the above discussion, we set aside the order of the Ld. CIT(A) and allow the grounds No.1 to 5. 44. Ground No.6 raised in cross objection is identical to ground No.1 of the Revenue‟s appeal being ITA No.477/NAG/2014. Since we have dismissed the ground No.1 in Revenue‟s appeal