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

239 TO 243/NAG/2022 UMESH THAKRE (PAN: ADTPT6214B) 3 ITA 244 ΤΟ 246/ ΝΑG/2023 YRCE EDUCARE PVT LTD (PAN: AAACY6482D) 4 ITA 249 TO 256 AND ITA 259 ΤΟ 263/ΝAG/2022 ATUL YAMSANWAR (PAN: ΑΑΕPY4543Q) 5 ITA/238 & 264/NAG/2022 VISHWAS CHAKNALWAR (PAN: ABDPC0828J) 6 Ν.Α. M/S A V REALITIES (PAN: ABFFA9554M) 2. With respect to the abovementioned cases

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

239 TO 243/NAG/2022 UMESH THAKRE (PAN: ADTPT6214B) 3 ITA 244 ΤΟ 246/ ΝΑG/2023 YRCE EDUCARE PVT LTD (PAN: AAACY6482D) 4 ITA 249 TO 256 AND ITA 259 ΤΟ 263/ΝAG/2022 ATUL YAMSANWAR (PAN: ΑΑΕPY4543Q) 31 Umesh Sadashiv Thakre Α.Υ. 2016-17, 2017-18, 2018-19, 2019-20 & 2020-21 5 ITA/238 & 264/NAG/2022 VISHWAS CHAKNALWAR (PAN: ABDPC0828J

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

In the result, appeal of the Assessee is allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri K.M. Roy, Hon’Ble Accountant, Member Atul Manoharrao Yamsanwar V. Acit – Central Circle – 2(1) Plot No. 33, Manoharrao Room No. 312, 3Rd Floor Khare Town, Dharampeth Aayakar Bhavan, Telangkhedi Road Nagpur - 440010 Civil Lines, Nagpur - 440001 Pan – Aaepy4543Q (Appellant) (Respondent)

68: Where any sum is found credited in the books of an assessee maintained for any previous years and the assessee offers no explanations about nature and source thereof or the explanation offered by him is not, in the opinion of the assessing officer, satisfactory, the sum so credited may be charged to income tax as the income

RAVINDRA KHANDELWAL,AKOLA vs. ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE AKOLA , 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

section 68 of the Income Tax Act, 1961. 4. Whether on the facts and circumstances of the case, the Commissioner of Income Tax Appeals was justified in affirming disallowance of expenditure to the tune of Rs. 8,33,239

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

239 TO 243/NAG/2022\nName of the Assessee\nM/s AVC Homes\n(PAN:AAZFM2044B)\nUMESH THAKRE\n(PAN: ADTPT6214B)\n3\nITA 244 ΤΟ 246/ ΝΑG/2023\nYRCE EDUCARE PVT LTD\n(PAN: AAACY6482D)\n4\nITA 249 TO 256 AND ITA 259 ATUL YAMSANWAR\nΤΟ 263/ΝAG/2022\n(PAN: ΑΑΕPY4543Q)\n31\nUmesh Sadashiv Thakre

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

239 TO 243/NAG/2022\nITA 244 ΤΟ 246/ ΝΑG/2023\nITA 249 TO 256 AND ITA 259\nΤΟ 263/ΝAG/2022\nName of the Assessee\nM/s AVC Homes\n(PAN:AAZFM2044B)\nUMESH THAKRE\n(PAN: ADTPT6214B)\nYRCE EDUCARE PVT LTD\n(PAN: AAACY6482D)\nATUL YAMSANWAR\n(PAN: ΑΑΕPY4543Q)\n31\nUmesh Sadashiv Thakre\nΑ.Υ. 2016-17, 2017-18, 2018-19,\n2019

ACIT ,CIRCLE (EXEMPTION ),NAGPUR , NAGPUR vs. M/S SIPNA SHIKSHAN PRASARAK MANDAL ,AMRAVAI , AMRAVATI

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

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2013-14 The Acit, Vs. M/S. Sipnashikshan Prasarak Mandal Circle (Exemption), Badnera Road Amravati Amravati Pan No.:Aacts 1266 J Appellant Respondent Revenue By :Shripiyushkolhe (Cit-Dr) Assessee By: Shrihimeshdemble (Ca) Date Of Hearing: 26/04/2022 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 (A)-4, Nagpur Dated 27/03/2017 Passed U/S 143(3) Of The Income Tax Act, 1961 For The A.Y. 2013-14 Wherein The Department Has Raised The Following Grounds Of Appeal.

68,475/- is confirmed and the AO is directed to delete the remaining addition. 15. I have considered the facts of the case, the material on record and judicial precedence relied upon by the applicant and appellant’s submission. The appellant has maintained details of name and addressed of the donors and has submitted the same to the A.O. Looking

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

239 TO 243/NAG/2022\nName of the Assessee\nM/s AVC Homes\n(PAN:AAZFM2044B)\nUMESH THAKRE\n(PAN: ADTPT6214B)\n3\nITA 244 ΤΟ 246/ ΝΑG/2023\nYRCE EDUCARE PVT LTD\n(PAN: AAACY6482D)\n4\nITA 249 TO 256 AND ITA 259 ATUL YAMSANWAR\nΤΟ 263/ΝAG/2022\n(PAN: ΑΑΕPY4543Q)\n31\nUmesh Sadashiv Thakre

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

ASTT.COMMISSIONER OF INCOME TAX,CENTRAL CIR 2(3) R, NAGPUR vs. M GUPTA COALFIELDS & WASHERIES LTD., NAGPUR

In the result, cross objections No

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

ASSTT.C,I,.T, CENTRAL CIR, -2(3), NAGPUR vs. M/S GUPTA COALFIELDS & WASHERIES LTD., NAGPUR

In the result, cross objections No

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs

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

239 ITR 775 the Hon'ble Court held that anyone in possession of the property and having the right to use and enjoy its usufruct for the purpose of the business of the assessee is entitled to depreciation u/s.32(1). It was further observed "The very concept of depreciation suggests that the tax benefit on account of depreciation legitimately belongs