M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

68 was unwarranted and that proceedings initiated u/s153A were without jurisdiction since no incriminating material was found during search and the assessment of the said AY had not abated. 10. The Assessee‟s contention was that a copy of the assessment order dt.28-3-14 passed in the case of UAPL for AY08-09 was produced and the Assessee had therefore, discharged

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

68 was unwarranted and that proceedings initiated u/s153A were without jurisdiction since no incriminating material was found during search and the assessment of the said AY had not abated. 10. The Assessee‟s contention was that a copy of the assessment order dt.28-3-14 passed in the case of UAPL for AY08-09 was produced and the Assessee had therefore, discharged

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. ACIT CENTRAL CIRCLE-1(1), NAGPUR

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

68 was unwarranted and that proceedings initiated u/s153A were without jurisdiction since no incriminating material was found during search and the assessment of the said AY had not abated. 10. The Assessee‟s contention was that a copy of the assessment order dt.28-3-14 passed in the case of UAPL for AY08-09 was produced and the Assessee had therefore, discharged

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

68 was unwarranted and that proceedings initiated u/s153A were without jurisdiction since no incriminating material was found during search and the assessment of the said AY had not abated. 10. The Assessee‟s contention was that a copy of the assessment order dt.28-3-14 passed in the case of UAPL for AY08-09 was produced and the Assessee had therefore, discharged

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

68 was unwarranted and that proceedings initiated u/s153A were without jurisdiction since no incriminating material was found during search and the assessment of the said AY had not abated. 10. The Assessee‟s contention was that a copy of the assessment order dt.28-3-14 passed in the case of UAPL for AY08-09 was produced and the Assessee had therefore, discharged

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

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

68 was unwarranted and that proceedings initiated u/s153A were without jurisdiction since no incriminating material was found during search and the assessment of the said AY had not abated. 10. The Assessee‟s contention was that a copy of the assessment order dt.28-3-14 passed in the case of UAPL for AY08-09 was produced and the Assessee had therefore, discharged

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(1), NAGPUR vs. M/S. METROCITY HOMES, NAGPUR

In the result, appeal filed by the Revenue is dismissed

302-C 1300 1000.41 299.59 3350\n24 & 28 Sumati Salve 103-A 1150 662.4 487.6 3000\n21 & 23 Sandhya S Uttarwar 202-C 1285 See Note Below 3274\n18 to 20 Alok Sharma 602-B 1115 604.94 510.06 3230\n14 to 17 Ravindrasing Patil 705-A 950 491.4 458.6 3145\n13 Vijay Raut

I.T.O. WARD -1, AMRAVATI vs. SHRI SANJAY NANASAHEB BHARSAKALE, AMRAVATI

In the result, the appeal of the department is rejected

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

section 14(3), no separate addition can be made on account of cash credit u/s.68, even though the assessee has failed to discharge its onus of proof in explaining the amount shown in the books of account". The Hon'ble High Court of Punjab and Haryana, in the case of CIT vs. Aggarwal Engg. Co., (2008) 302

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

Section 10(38) of the I.T. Act, 1961”. The assessee strongly objects to the said allegation made in the report. As the list of paper companies, list of dummy directors and even the statements of persons involved in providing accommodation entries provided, nowhere the name of assesse or company “Parag Shilpa Infrastructure Ltd.” features in the list. The assessee

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

Section 10(38) of the I.T. Act, 1961”.\nThe assessee strongly objects to the said allegation made in the report. As the list of paper companies, list of dummy directors and even the statements of persons involved in providing accommodation entries provided, no where the name of assesse or company “Parag Shilpa Infrastructure Ltd.” features in the list.\nThe

SHAHEEN FROZEN FOODS,BALAPUR vs. INCOME TAX OFFICER,NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

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

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

302 PAN – ABTFS3422J v/s Income Tax Officer ……………. Respondent National Faceless Appeal Centre, Delhi Assessee by : Shri Abhay Agrawal Revenue by : Shri Kailash C. Kanojiya Date of Hearing – 25/06/2024 Date of Order – 25/06/2024 O R D E R PER V. DURGA RAO, J.M. The present appeal has been filed by the assessee challenging the impugned order dated 01/09/2023, passed

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(2), NAGPUR vs. AJAY VISHANDAS KAMNANI, NAGPUR

In the result, appeal filed by the Revenue is dismissed

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

68 of the Act, said books of account ceased to exist and hence, those books cannot be relied upon to make addition towards unexplained credit u/s.68 of the Act. This legal position is supported by the decision of Hon’ble High Court of Rajasthan in the case of CIT vs. G.K. Contractor, supra, where it was clearly held that

N R FARMS PRIVATE LIMITED,NAGPUR vs. THE INCOME TAX OFFICER WARD - 2(2), NAGPUR, NAGPUR

In the result, Assessee’s appeal is allowed

Bench: Shri Narender Kumar Choudhryn.R. Farms Private Limited, Ito, Ward-2(2), Nagpur. Flat No. 302, Swami Sadan, Vs. Gpo Square, Civil Lines, Nagpur Pan: Aaecn 4552 F (Appellant) (Respondent)

302, Swami Sadan, Vs. GPO Square, Civil Lines, Nagpur PAN: AAECN 4552 F (Appellant) (Respondent) Present for: Assessee by : Shri Manoj G. Moryani, Ld. Advcoate Revenue by : Shri Surjit Kumar Saha, Ld. Sr.D.R. Date of Hearing : 25.06.2025 Date of Pronouncement : 23.09.2025 O R D E R This appeal has been preferred by the Assessee against the order dated 02/04/2025 impugned

SANJAY GULABCHAND GUPTA,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-4, NAGPUR

In the result, appeal by the assessee stands dismissed

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

Section 54 must be completed within three years after the transfer of original assets. (Para 4.13 AO's Order) & 4.16 of A.O’s order) 5. Land use was for Commercial purposes. 4. So basically there is no dispute as regards calculations of Capital gains. However the claim of exemption u/s 54F is disallowed for above reasons. Pertinent to note

INCOME TAX OFFICER WARD-2, KHAMGAON, KHAMGAON vs. RENUKA OIL INDUSTRIES, KHAMGAON

In the result, Revenue’s appeal stands dismissed

Bench: Shri V. Durga Rao

section 35AD(4), not disputing the factum or quantum (except disallowance of construction expenses of Rs 1.90.70,349 discussed in succeeding paragraphs) of investment in construction of the warehouse by the appellant and its in principle eligibility for deduction u/s 35AD by the AO, etc, are the various other factors which substantiate the genuineness et the claim