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16 results for “section 68”+ Section 253(3)clear

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Key Topics

Section 143(3)19Section 153A11Section 1447Section 1486Section 143(2)4Section 142(1)4Section 271B4Section 684Addition to Income3Deduction

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

ITA 207/NAG/2017[2012-13]Status: DisposedITAT Nagpur28 Jun 2022AY 2012-13

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

For Appellant: Shri MahaveerAtal, CAFor Respondent: ShriPiyushKohle, CIT-DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 56

68 cannot be made of share premium money since such is a receipt on capital account and is not of revenue nature. Further, it is observed that the provisions of section 56(2) (viib) inserted by the Finance Act, 2012 had been made applicable from the assessment year 2013-14 and does not apply to the year relevant

2
Penalty2

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

ITA 254/NAG/2022[2018-19]Status: DisposedITAT Nagpur09 Jun 2025AY 2018-19
Section 143(3)Section 153A

3) has to be\nquashed, thus ordered accordingly. The Gr. raised by the Assessee is\naccordingly allowed”.\n14. In this appeal, we are required to examine whether any substantial que\nof law arises for our consideration.\n15. Having regard to the findings returned by the Trib, which are findings of\nfact, in our view, no substantial que of law arises

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

ITA 242/NAG/2022[2020-2021]Status: DisposedITAT Nagpur09 Jun 2025AY 2020-2021
Section 143(3)Section 153A

3) has to be\nquashed, thus ordered accordingly. The Gr. raised by the Assessee is\naccordingly allowed”.\n14. In this appeal, we are required to examine whether any substantial que\nof law arises for our consideration.\n15. Having regard to the findings returned by the Trib, which are findings of\nfact, in our view, no substantial que of law arises

CHANDRAKUMAR MADHUSUDANJI JAJODIA,THANE vs. ASSISTANT COMMISSIONER OF INCOME TAX, AMRAVATI CIRCLE

In the result, appeal filed by the assessee is allowed

ITA 399/NAG/2023[2013-14]Status: DisposedITAT Nagpur28 Nov 2024AY 2013-14

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

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 143(2)Section 143(3)Section 144Section 148Section 234ASection 36(1)(iii)Section 68Section 69A

3 & 4 of assessment order. No addition u/s 68 can be made. Reliance on: i) (2014) 42 taxmann.com 251 (Guj.) CIT vs. Ayachi Chandrashekhar Narsangji (251 – 253) ii) (2022) 145 taxmann.com 27 (Guj.) PCIT vs. Ambe Tradecorp (P.) Ltd. 9 Chandrakumar Madhusudanji Jajodia ITA no.399/Nag./2023 iii) (2024) 164 taxmann.com 764 (Guj.) PCIT vs. Merrygold Gems

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

ITA 256/NAG/2022[2020-21]Status: DisposedITAT Nagpur09 Jun 2025AY 2020-21

3) has to be\nquashed, thus ordered accordingly. The Gr. raised by the Assessee is\naccordingly allowed”.\n14. In this appeal, we are required to examine whether any substantial que\nof law arises for our consideration.\n15. Having regard to the findings returned by the Trib, which are findings of\nfact, in our view, no substantial que of law arises

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

ITA 245/NAG/2022[2018-2019]Status: DisposedITAT Nagpur09 Jun 2025AY 2018-2019

3) has to be\nquashed, thus ordered accordingly. The Gr. raised by the Assessee is\naccordingly allowed”.\n14. In this appeal, we are required to examine whether any substantial que\nof law arises for our consideration.\n15. Having regard to the findings returned by the Trib, which are findings of\nfact, in our view, no substantial que of law arises

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

ITA 260/NAG/2022[2017-18]Status: DisposedITAT Nagpur09 Jun 2025AY 2017-18

3).\n9.1. The respondent had declared an income amounting to Rs.87,20,580.\nHowever, while making the additions, strangely, the AO noted that the\nreturned income was Rs.11,00,460.\n49\nUmesh Sadashiv Thakre\nΑ.Υ. 2016-17, 2017-18, 2018-19,\n2019-20 & 2020-21\n10. There were 2 additions made by the AO. The first addition was made

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

ITA 259/NAG/2022[2015-16]Status: DisposedITAT Nagpur09 Jun 2025AY 2015-16

3) has to be\nquashed, thus ordered accordingly. The Gr. raised by the Assessee is\naccordingly allowed”.\n14. In this appeal, we are required to examine whether any substantial que\nof law arises for our consideration.\n15. Having regard to the findings returned by the Trib, which are findings of\nfact, in our view, no substantial que of law arises

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

ITA 263/NAG/2022[2020-21]Status: DisposedITAT Nagpur09 Jun 2025AY 2020-21

3). A combined perusal of the approval sought by the AO, the\napproval given by the Addl.CIT and the copy of remand report of the AO\nshow that there is only some namesake approval given by the Addl.CIT on\nthe very same day on which the AO sought approval. The Addl.CIT without\nverifying the records has given approval

YRCE EDUCATE PVT. LTD,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

ITA 244/NAG/2022[2017-2018]Status: DisposedITAT Nagpur09 Jun 2025AY 2017-2018

68, which is ignored by the Addl.CIT while granting such\nmechanical approval. He has not even cared that in the absence of required\nsatisfaction note“ for each year separately, entire assessment under section\n153C would be vitiated.\n60. In the present case before us, we noted that the Addl.CIT did not mention\nanything in the approval order passed under

ATUL MANOHARRAO YAMSANWAR,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

ITA 252/NAG/2022[2016-2017]Status: DisposedITAT Nagpur09 Jun 2025AY 2016-2017

68, which is ignored by the Addl.CIT while granting such\nmechanical approval. He has not even cared that in the absence of required\nsatisfaction note“ for each year separately, entire assessment under section\n153C would be vitiated.\n60. In the present case before us, we noted that the Addl.CIT did not mention\nanything in the approval order passed under

ATUL MANOHARRAO YAMSANWAR,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

ITA 250/NAG/2022[2014-2015]Status: DisposedITAT Nagpur09 Jun 2025AY 2014-2015

68 and 69 of the PB which contains information\nobtained by Smt. Neetu Nayyar from Central Public Information Officer who\nis none other than the Id Addl.CIT, Central Range-S, New Delhi, under RTI\nAct, wherein, it reveals that the Id Addl.CIT had granted approval for 43\ncases on 30-12-18 itself. This fact is not in dispute before

SHAIKH MAHMOOD SHAIKH CHANDA,ACHALPUR vs. ITO WARD-4, AMRAVATI

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

ITA 541/NAG/2025[2017-18]Status: DisposedITAT Nagpur16 Oct 2025AY 2017-18

Bench: Shri Pavan Kumar Gadaleshaikh Mahmood Shaikh Chanda, 4, Ward No.4, Achalpur, Pathrot -444808, ……………. Appellant Maharashtra. Pan – Alipc0613Q V/S Income Tax Officer, Ward–4, ……………. Respondent Aayakar Bhavan, Amravati-444601, Maharashtra. Assessee By: Shri.D.P. Lohiya.A.R. Revenue By :Shri Surjit Kumar Saha.Sr.Dr

For Appellant: Shri.D.P. Lohiya.A.RFor Respondent: Shri Surjit Kumar Saha.Sr.DR
Section 144Section 147Section 250Section 253Section 271ASection 69

253 of the Income Tax Act, 1961 ("the Act") against the order under section 250 dated 24/06/2025 passed by the Learned Commissioner of Income Tax (Appeals) NFAC ("referred to as Learned CIT(A)") against the assessment order dated 27/12/2019 passed by the Learned AO National Faceless 2 Shaikh Mahmood Shaikh Chanda ITA no.541/NAG./2025 Assessment Centre, Delhi ("referred

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

The appeal of the assessee is ALLOWED

ITA 18/NAG/2023[2017-18]Status: DisposedITAT Nagpur25 Apr 2024AY 2017-18

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

For Appellant: None for the AssesseeFor Respondent: Mr Abhay Marathe [‘Ld. DR’]
Section 143(1)Section 24Section 246A(1)(a)Section 250Section 253(1)(a)Section 271BSection 273BSection 274(1)Section 44A

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

ECONOMIC EXPLOSIVES LIMITED,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1 (2), NAGPUR

In the result, appeal for the assessment year 2018–19 filed by the assessee is partly allowed

ITA 177/NAG/2022[2017-18]Status: DisposedITAT Nagpur09 Sept 2024AY 2017-18

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

For Appellant: Shri Mani JainFor Respondent: Shri Kailash C. Kanojiya
Section 139Section 142(1)Section 143(2)

253) while considering the question as to whether refund of sales tax on raw materials, machinery and finished goods, levied by the State Government be treated as capital or revenue in nature held as under: "Held, dismissing the appeal, that under the notification in question the payments were made to assist the new industries at the commencement of business

ECONOMIC EXPLOSIVES LIMITED,NAGPUR vs. NATIONAL E ASSESSMENT CENTRE, NEW DELHI

In the result, appeal for the assessment year 2018–19 filed by the assessee is partly allowed

ITA 242/NAG/2023[2018-19]Status: DisposedITAT Nagpur09 Sept 2024AY 2018-19

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

For Appellant: Shri Mani JainFor Respondent: Shri Kailash C. Kanojiya
Section 139Section 142(1)Section 143(2)

253) while considering the question as to whether refund of sales tax on raw materials, machinery and finished goods, levied by the State Government be treated as capital or revenue in nature held as under: "Held, dismissing the appeal, that under the notification in question the payments were made to assist the new industries at the commencement of business