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

68 but made the final addition u/s 69 without providing the opportunity to the appellant to respond, violating natural justice. 4. The Ld CIT(A) erred in confirming the addition of Rs. 1,49,00,285/- u/s 69 of the Act, without proper consideration of the explanations and documentary evidence submitted by the appellant. 5. The Ld CIT(A) erred

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

68. In terms of the aforesaid reasons, we are of the opinion that this appeal requires to be dismissed as being devoid of merits.” iii) Similar position of law laid down by the Hon‟ble Karnataka HC in the case of Smt G Lakshmi Aruna (2023) 150 taxmann.com 107 (Karnataka HC) dt.31-3-23; against which, SLP of the revenue has been

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

68. In terms of the aforesaid reasons, we are of the opinion that this appeal requires to be dismissed as being devoid of merits.” iii) Similar position of law laid down by the Hon‟ble Karnataka HC in the case of Smt G Lakshmi Aruna (2023) 150 taxmann.com 107 (Karnataka HC) dt.31-3-23; against which, SLP of the revenue has been

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

68. In terms of the aforesaid reasons, we are of the opinion that this appeal requires to be dismissed as being devoid of merits.” iii) Similar position of law laid down by the Hon‟ble Karnataka HC in the case of Smt G Lakshmi Aruna (2023) 150 taxmann.com 107 (Karnataka HC) dt.31-3-23; against which, SLP of the revenue has been

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

68. In terms of the aforesaid reasons, we are of the opinion that this appeal requires to be dismissed as being devoid of merits.” iii) Similar position of law laid down by the Hon‟ble Karnataka HC in the case of Smt G Lakshmi Aruna (2023) 150 taxmann.com 107 (Karnataka HC) dt.31-3-23; against which, SLP of the revenue has been

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

68. In terms of the aforesaid reasons, we are of the opinion that this appeal requires to be dismissed as being devoid of merits.” iii) Similar position of law laid down by the Hon‟ble Karnataka HC in the case of Smt G Lakshmi Aruna (2023) 150 taxmann.com 107 (Karnataka HC) dt.31-3-23; against which, SLP of the revenue has been

DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCEL-1(2, NAGPUR vs. M/S. VIBRANT GLOBAL CAPITAL LTD., MUMBAI

In the result, appeal filed by the Revenue is dismissed

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

iii) of Income Tax Rules, 1962. The average amount of investment to make disallowance under section 14A has been computed by the Assessing Officer at ` 31.79 crore. The Assessing Officer while making another addition at ` 5,37,962, at Para–5.3.3 has noted and accepted that own funds/non-interest borrowed funds with the assessee at ` 62.55 crore. The learned

ITO, WARD- 1)1), NAGPUR vs. AXYKNO ENTERPRISES PVT. LTD., NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

26,805. It is the case of the Department that the Assessing Officer after completing the assessment under section 143(3) of the Act came in possession of the statement of one Shri Praveen Kumar Jain, which was recorded under section 132(4) of the Act on 01/10/2013, during the search proceedings carried out by the Director

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

iii) Raj Laxmi Decision Pvt.Ltd – Rs.1 crore 5 27/Nag/2020 2015-16 Department 143(3) r.w.s. Abated 1.Sec.69C – Common 153A Dt. Investment based CIT(A) 22.12.2017 on DVO Report Order Amount Rs. 15.11.2019 12,88,55,570/- 2. Section 68 – Rs. 4 crores total – Unsecured loans from (i) Umang Trading (P) Ltd– Rs.1,00,00,000/- (ii) Sunderlal Fiscal

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

iii) Raj Laxmi Decision Pvt.Ltd – Rs.1 crore 5 27/Nag/2020 2015-16 Department 143(3) r.w.s. Abated 1.Sec.69C – Common 153A Dt. Investment based CIT(A) 22.12.2017 on DVO Report Order Amount Rs. 15.11.2019 12,88,55,570/- 2. Section 68 – Rs. 4 crores total – Unsecured loans from (i) Umang Trading (P) Ltd– Rs.1,00,00,000/- (ii) Sunderlal Fiscal

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

iii) Raj Laxmi Decision Pvt.Ltd – Rs.1 crore 5 27/Nag/2020 2015-16 Department 143(3) r.w.s. Abated 1.Sec.69C – Common 153A Dt. Investment based CIT(A) 22.12.2017 on DVO Report Order Amount Rs. 15.11.2019 12,88,55,570/- 2. Section 68 – Rs. 4 crores total – Unsecured loans from (i) Umang Trading (P) Ltd– Rs.1,00,00,000/- (ii) Sunderlal Fiscal

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), NAGPUR vs. M/S. RADHA RADHAV 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

iii) Raj Laxmi Decision Pvt.Ltd – Rs.1 crore 5 27/Nag/2020 2015-16 Department 143(3) r.w.s. Abated 1.Sec.69C – Common 153A Dt. Investment based CIT(A) 22.12.2017 on DVO Report Order Amount Rs. 15.11.2019 12,88,55,570/- 2. Section 68 – Rs. 4 crores total – Unsecured loans from (i) Umang Trading (P) Ltd– Rs.1,00,00,000/- (ii) Sunderlal Fiscal

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

iii) Raj Laxmi Decision Pvt.Ltd – Rs.1 crore 5 27/Nag/2020 2015-16 Department 143(3) r.w.s. Abated 1.Sec.69C – Common 153A Dt. Investment based CIT(A) 22.12.2017 on DVO Report Order Amount Rs. 15.11.2019 12,88,55,570/- 2. Section 68 – Rs. 4 crores total – Unsecured loans from (i) Umang Trading (P) Ltd– Rs.1,00,00,000/- (ii) Sunderlal Fiscal

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

iii) Raj Laxmi Decision Pvt.Ltd – Rs.1 crore 5 27/Nag/2020 2015-16 Department 143(3) r.w.s. Abated 1.Sec.69C – Common 153A Dt. Investment based CIT(A) 22.12.2017 on DVO Report Order Amount Rs. 15.11.2019 12,88,55,570/- 2. Section 68 – Rs. 4 crores total – Unsecured loans from (i) Umang Trading (P) Ltd– Rs.1,00,00,000/- (ii) Sunderlal Fiscal

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

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

68 and imposed penalty on it under section 271(1)(c) Tribunal deleted the impugned addition as well as the penalty imposed on the grounds that (i) assessee have given the names and addresses of the creditors, (ii) it had also produced before ITO letters of confirmation, the discharged hundis and particulars of the different creditors including their general

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

68 and imposed penalty on it under section 271(1)(c) Tribunal deleted the impugned addition as well as the penalty imposed on the grounds that (i) assessee have given the names and addresses of the creditors, (ii) it had also produced before ITO letters of confirmation, the discharged hundis and particulars of the different creditors including their general

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

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

26. Before the learned CIT(A) the assessee raised various grounds being legal as well as on merit of the addition made in the assessment framed under section 143(3) r/w section 153A of the Act. The learned CIT(A), vide its impugned order at Para-4.4 concluded that the Assessing Officer has made the addition referring

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

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

26. Before the learned CIT(A) the assessee raised various grounds being legal as well as on merit of the addition made in the assessment framed under section 143(3) r/w section 153A of the Act. The learned CIT(A), vide its impugned order at Para-4.4 concluded that the Assessing Officer has made the addition referring