ANAND CONSTRUWELL PRIVATE LIMITED,NASHIK vs. PRINCIPAL COMMISSIONER OF INCOME TAX, NASHIK -1, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.955/Pun/2024 िनधा"रण वष" / Assessment Year: 2019-20 Anand Construwell Private Vs. Pcit-1, Nashik. Limited, Ramchandra Apartments, Makhmalabad Road, Panchvati, Nashik- 422003. Pan : Aafca7736H Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Keyur Patel Date Of Hearing : 05.09.2024 Date Of Pronouncement : 29.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.03.2024 Passed By Ld. Pcit-1, Nashik [‘Ld. Pcit’] For The Assessment Year 2019-20. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Basis Of The Facts & Circumstances Of The Case, The Order Passed U/S. 263 By The Principal Commissioner Of Income-Tax, Nashik May Please Be Quashed. 2. On The Basis Of The Facts & Circumstances Of The Case, The Principal Commissioner Of Income-Tax Is Not Justified In Invoking The Provisions Of Section 263 By Holding That Provisions Of Section 69C Are Applicable In The Present Case As The Assessee Was Not Able To Explain The Sources Of Expenditure

income at Rs.7,01,01,766/-after making addition of Rs.41,196/- on account of disallowance of interest on TDS

PIAGGIO VEHICLES PVT LTD ,PUNE vs. ACIT, CIRCLE 4, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

TDS should have been restricted @ 15% as per Article 11 of the India-Italy DTAA. The appellant has referred to section 90 of the Income Tax Act and stated that it overrides provision of section 115-0. It is seen that section 90 is under Chapter IX of the Income Tax Act which is on double taxation relief This primarily

SHREE BHASKARACHARYA PRATISHTHAN,CHH SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX, GHAZIABAD

additional interest for TDS\nquarterly statement cannot be determined by TDS-CPC by way of\nprocessing under section 200A(2). Therefore, demand notice\nbased on such justification report cannot be issued except for\ntax/refund, but if issued, then it is issued without jurisdiction.\nHence liable to be quashed and set aside\n2) The Ld. CIT (A) has erred in passing

M/S. PIAGGIO VEHICLES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.868/Pun/2022 िनधा"रण वष" / Assessment Year: 2015-16 Piaggio Vehicles Private Ltd., V The Assistant Sky One Corporate Park, S Commissioner Of Income Ground Floor, Survey Tax, Circle-4, Pune. No.239/02, Near Pune Airport, Pune – 411032. Pan: Aabcp1225G Appellant/ Assessee Respondent / Revenue Assessee By Shri Siddhesh Chaugule – Ar Revenue By Shri Vidya Ratan - Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-13, Pune For Assessment Year 2015-16 Dated 06.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Refund Of Excess Taxes Paid On Dividend Distributed On The Facts & Circumstances Of The Case & In Law, The Hon'Ble Cit(A) Has Erred In Not Granting The Benefit Of Article 11 Of The India-

income should be liable to tax at the rate prescribed in the India-Italy DTAA. Consequently, excess tax (DDT) paid by the Appellant should be refunded.” 4.1 The ld.CIT(A) called-for a Remand Report from the Assessing Officer regarding admission of additional ground. The Assessing Officer objected to the admission of additional ground. However, Assessing Officer without prejudice filed

NALINI TUKARAM NIKAM,PUNE vs. ITO WARD 2(3), PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2747/Pun/2024 Assessment Year : 2017-18

TDS credit of said interest income. Therefore, if at all the addition was to be made, the credit for TDS

M/S. S.S SUGAR ENGINEERS PRIVATE LIMITED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), PUNE

In the result, the appeal of the assessee stands partly allowed as the term indicated above

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

addition of Rs.22,00,000/- are also dismissed. 12. Ground regarding denial of TDS credit amounting to Rs.80,000/-. Since the income

SHREE BHASKARACHARYA PRATISHTHAN,CHH SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX, CPC-TDS

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

SHREE BHASKARACHARYA PRATISHTHAN,CHH SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX CPC TDS, GHAZIABAD

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

CHATE TUTORIALS PVT. LTD.,AURANGABAD vs. LD. ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE, NASHIK, NASHIK

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

CHATE TUTORIALS PVT LTD,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE, NASHIK, NASHIK

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

SHREE BHASKARACHARYA PRATISHTHAN,CHH SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX, GHAZIABAD

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

SHREE BHASKARACHARYA PRATISHTHAN,CHH SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX, GHAZIABAD

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

SHRI BHASKARACHARYA PRATISHTHAN,CHH. SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX, CPC-TDS

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

SHRI BHASKARACHARYA PRATISHTHAN,CHH. SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX, CPC-TDS

In the result, both the bunch of appeals filed by the respective assessee’s in ITA Nos

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.476 To 480/Pun/2024 Chate Tutorials Pvt. Ltd., Vs. Acit,Tds Circle, Chate House, Plot No.4, Nashik Near N-2 Cricket Stadium, Cidco, Aurangabad – 431 003 Maharashtra Tan : Nskco1565E Appellant Respondent

TDS. In the said amendment there is no corresponding amendment to sub section (2) for the determination of the said late fees/interest by CPC. No Vacuum 5. It is submitted that there is no vaccum for the determination of interest, additional interest and late fees under section 234E. The Income

ASSISTANT COMMISSIONER OF INCOME TAX,, NASHIK vs. GOVIND JAIKRISHNA DANDE & SONS,, NASHIK

In the result, the appeal filed by the Revenue stands dismissed

TDS on interest paid on gold, diamond, silver jewelleries received from the customers under the gold deposits scheme and also the fact that the stock of these items like gold, diamond, silver jewelleries had not been included as a part of the closing stock shown in the Profit & Loss Account even in the earlier years, deleted the addition made

MAHARASHTRA GRAMIN BANK,AURANGABAD vs. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1485/Pun/2024 िनधा"रण वष" / Assessment Year : 2020-21 Maharashtra Gramin Bank, Vs. Cit(A), Delhi. Plot No.42, Gut No.33 (Part) Village- Golwadi, Growth Centre, Waluj Mahanagar Iv, Cidco, Aurangabad- 431010. Pan : Aacam8494M Appellant Respondent Assessee By : Shri Ramesh Magar Revenue By : Shri Uma Shankar Prasad Date Of Hearing : 21.11.2024 Date Of Pronouncement : 20.12.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.05.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1 Erroneous Addition Of Rs. 87,73,904/- I. The Ld. Assessing Officer & The Commissioner (Appeals) Erred In Making & Upholding The Addition Of Rs. 87,73,904/- Without Considering The Appellant'S Explanation That This Amount Is Already Included Under The Head Income From Business Or Profession. The Addition Is Based Solely On The Tds Schedule Without Verifying The Classification Of Income In The Itr, Which Was Incorrectly Classified Due To A Software Error. In The Complex Labyrinth Of Income Tax Law, The Principle Of Finality Serves As A Cornerstone

Income from Business or Profession. The addition is based solely on the TDS schedule without verifying the classification of income

M/S. BAFNA BUILDERS & LAND DEVELOPERS,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

Appeal is partly allowed in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripotem/S. Bafna Builders & Jcit, Range - 1 Land Developers Jalgaon 425001 "Nayantara", Subhash Chowk Vs. Jalgaon 425001 Pan – Aadfb4627P Appellant Respondent Appellant By: Shri Sunil Ganoo Respondent By: Shri S.P. Walimbe Date Of Hearing: 22.04.2022 Date Of Pronouncement: 27.04.2022 O R D E R Per S.S. Godara, Jm This Assessee’S Appeal For Ay 2010-11 Is Against The Order Of The Cit(A) 2, Nashik Dated 13.01.2015 Passed In Case No. Nsk/Cit(A)-2/4713-14 Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961 In Short “The Act”.

income addition of Rs.50,00,000/-. The assessee succeeds in its instant first and foremost substantive ground. 4 M/s. Bafna Builders and Land Developers 7. Next comes the unproved cash vouchers and purchase as well as transportation expenses disallowance of Rs. 2,50,000/- and Rs.3,50,326/-; respectively, made on adhoc basis. The assessee’s sole plea before

RAMCHANDRAUDAYSINGHJADHAVRAO,PUNE vs. ACIT, CIRCLE-3, PUNE

In the result, the appeal filed by the assessee is allowed

TDS which covers the liability and the due date for filing of the\nreturn has not expired. Therefore, it is not correct to say that the assessee would\nnot have disclosed the conversion of capital asset into stock in trade to the\ndepartment had there been no survey. Further, the returned income has been\naccepted without any addition

SHRI BHASKARACHARYA PRATISHTHAN,CHH SAMBHAJINAGAR vs. LD. DEPUTY COMMISSIONER OF INCOME TAX, CPC-TDS, CPC TDS

In the result, both the bunch of appeals filed by the\nrespective assessee's in ITA Nos

additional interest and late fees under section 234E. The\nIncome Tax Department has a TDS wing and the jurisdictional hierarchy\nright the level of Income