GOKHALE CONSTRUCTIONS,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX (TDS), PUNE, PUNE

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

133A of the IT Act was carried out on 16.03.2018 to check TDS 3 compliance. During the survey proceeding, various Joint Development Agreements between the land owners and the assessee were found and were cross checked with books of accounts maintained in tally module on computer. After verification, it was found that the assessee was not complying with TDS provisions

M/S P.N. GADGIL & SONS,PUNE vs. DCIT, CIRCLE 6, PUNE

In the result, the appeal filed by the assesse is partly allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1921/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 M/S. P. N. Gadgil & Sons, Vs. Dcit, Circle-6, Pune. Abhiruchi Mall, 4Th Floor, 59C Sinhagad Road, Pune- 411041. Pan : Aanfp4476C Appellant Respondent Assessee By : Shri M. R. Bhagwat Revenue By : Shri Arvind Desai Date Of Hearing : 15.01.2025 Date Of Pronouncement : 05.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 02.08.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) The Learned Cit (A) Nfac Delhi Erred In Confirming Penalty Of Rs.23,20,000/- Levied Under Section 272B(2). 2) The Learned Cit (A) Nfac Delhi Erred In Sustaining The Penalty At Rs.23,20,000/- When There Was Only One Default & As Such Penalty Could At The Must Be Sustained At Rs.10,000/- Only. 3) The Learned Cit (A) Nfac Delhi Erred In Sustaining The Penalty Even Though There Was A Reasonable Cause For Assessee'S Failure To Obtain Pan Of Its Retail Customers. 4) The Penalty Levied Be Cancelled Or Reduced To Rs. 10,000/-.

133A of the I T Act, I am of the opinion that no interference is required in the penalty order. Hence 4 the penalty of Rs. 23,20,000/- is upheld. All the grounds raised in this appeal are dismissed.” 5. It is this order against which the assessee is in appeal before this Tribunal. 6. Ld. AR appearing from

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

Bench: Shri R. K. Panda & Ms. Astha Chandra

133A of the IT Act; after detection of income by the Department. Thus the assessee has concealed the particulars of income the meaning of provision of sec. 271(1)(c) of the IT Act. Accordingly, I am satisfied the assessee is liable for penalty u/s 271[1](c) of the Income Tax Act, 1961. The penalty leviable is computed

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

133A of the Act was conducted on the business premises of assessee and group cases on 04.01.2013. Statement on oath of Mr. Ravindra Dhondiram Shinde, Managing Director of assessee company and Shri Balwant Patil, Accountant was recorded. During the course of Survey action, purchases made by the assessee from financial year 2005-06 till the date of search were verified

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

133A of the Act was conducted on the business premises of assessee and group cases on 04.01.2013. Statement on oath of Mr. Ravindra Dhondiram Shinde, Managing Director of assessee company and Shri Balwant Patil, Accountant was recorded. During the course of Survey action, purchases made by the assessee from financial year 2005-06 till the date of search were verified

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

133A of the Act was conducted on the business premises of assessee and group cases on 04.01.2013. Statement on oath of Mr. Ravindra Dhondiram Shinde, Managing Director of assessee company and Shri Balwant Patil, Accountant was recorded. During the course of Survey action, purchases made by the assessee from financial year 2005-06 till the date of search were verified

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

133A of the Act was conducted on the business premises of assessee and group cases on 04.01.2013. Statement on oath of Mr. Ravindra Dhondiram Shinde, Managing Director of assessee company and Shri Balwant Patil, Accountant was recorded. During the course of Survey action, purchases made by the assessee from financial year 2005-06 till the date of search were verified

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

133A of the Act was conducted on the business premises of assessee and group cases on 04.01.2013. Statement on oath of Mr. Ravindra Dhondiram Shinde, Managing Director of assessee company and Shri Balwant Patil, Accountant was recorded. During the course of Survey action, purchases made by the assessee from financial year 2005-06 till the date of search were verified

ASSISTANT COMMISSIONER OF INCOME-TAX,, KOLHAPUR vs. VIJAYKUMAR RAJARAM SHAH,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

133A of the Act was conducted on the business premises of assessee and group cases on 04.01.2013. Statement on oath of Mr. Ravindra Dhondiram Shinde, Managing Director of assessee company and Shri Balwant Patil, Accountant was recorded. During the course of Survey action, purchases made by the assessee from financial year 2005-06 till the date of search were verified

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

133A of the Act was conducted on the business premises of assessee and group cases on 04.01.2013. Statement on oath of Mr. Ravindra Dhondiram Shinde, Managing Director of assessee company and Shri Balwant Patil, Accountant was recorded. During the course of Survey action, purchases made by the assessee from financial year 2005-06 till the date of search were verified

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. AISHWARYA CONSTRUCTION CO.,, AURANGABAD

In the result, appeal of the Revenue is allowed for statistical

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.2036/Pun/2014 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2010-11 वष"

TDS not deducted u/s.194-I of the Act. 6. On the facts and in the circumstances of the case and in law, the Ld.CIT(A) erred in deleting the addition of Rs.4,18,35,803/- towards disallowance of labour payment u/s.40A(3)/40(a)(ia) of the Act. 7. On the facts and in the circumstances of the case

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, PUNE vs. SANDEEP JAGDHANE,, PUNE

In the result, appeal of the Revenue is allowed for statistical purposes subject to the directions mentioned above

Bench: Shri D. Karunakara Rao, Am & Shri Laliet Kumar, Jm आयकर अपीऱ सं. / Ita No.2232/Pun/2017 नििाारण वषा / Assessment Year : 2010-11

section 133A was conducted in the business premise of the assessee on 19.01.2010. The assessee has given a statement under oath during the survey action. The relevant questions and their answers are reproduced as below: Q. 23. A copy of the profit and loss account as on date has been extracted from your computer in respect of your propriety concern

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. DHANANJAY BABRUVAN KENDER, BEED

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2019-20 Dcit, Aurangabad Dhananjay Babruvan Kender Bunglow No.69, Yogeshwari Nagari Vs. Ring Road, Ambajogai, Beed – 431517 Pan: Bwlpk1384D (Appellant) (Respondent) Assessee By : Shri Hari Krishan Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 27-11-2025 Date Of Pronouncement : 09-12-2025 O R D E R Per R.K. Panda, Vp:

133A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) was initiated by the DDIT (Inv), Aurangabad at the office cum residential premises of the assessee at Bungalow No.69, Yogeshwari Nagari, Ring Road, Ambajogai on 14.02.2020. During the course of survey action, cash of Rs.19,31,860/- was found at the premises of the assessee. The assessee

CPI GERA REALTY INDIA PVT. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(3), PUNE

The appeals of the assessee are DISMISSED

Bench: Shri S.S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.64 & 65/Pun/2023 ननधधारण वषा / Assessment Year : 2013-14 & 2015-16 Gera Reality India Pvt. Ltd., 200, Gera Plaza, Boat Club Road, Pune – 411 001 Pan : Aaccg6818R . . . . . . . अपऩलधथी / Appellant बनधम / V/S. Asstt. Commissioner Of Income Tax, Central Circle -1(3), Pune . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri S. K. Tyagi & Ramesh Soniminde Revenue By : Shri Keyur Patel सपनवधई की तधरऩख / Date Of Conclusive Hearing : 28/03/2023 घोषणध की तधरऩख / Date Of Pronouncement : 28/03/2023 आदेश / Order Per G. D. Padmahshali, Am; By The Present Twin Appeals, The Assessee Challenges The Orders Of Commissioner Of Income Tax (Appeals)- 11, Pune [For Short “Cit(A)”] Dt. 23/12/2022 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”].

section 143(3), r.w.s.l53A of the Act, for AYs 2009-10, 2010-11, 2011-12 and 2014-15. IV. The ld CIT(A) has grossly erred in not considering the following relevant facts : ITAT-Pune Page 4 of 10 Gera Reality India Pvt. Ltd., ITA No 64 &65/PUN/2023 AY: 2013-14 &2015-16 1. All the payments had been made

CPI GERA REALTY INDIA PVT. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(3), PUNE

The appeals of the assessee are DISMISSED

Bench: Shri S.S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.64 & 65/Pun/2023 ननधधारण वषा / Assessment Year : 2013-14 & 2015-16 Gera Reality India Pvt. Ltd., 200, Gera Plaza, Boat Club Road, Pune – 411 001 Pan : Aaccg6818R . . . . . . . अपऩलधथी / Appellant बनधम / V/S. Asstt. Commissioner Of Income Tax, Central Circle -1(3), Pune . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri S. K. Tyagi & Ramesh Soniminde Revenue By : Shri Keyur Patel सपनवधई की तधरऩख / Date Of Conclusive Hearing : 28/03/2023 घोषणध की तधरऩख / Date Of Pronouncement : 28/03/2023 आदेश / Order Per G. D. Padmahshali, Am; By The Present Twin Appeals, The Assessee Challenges The Orders Of Commissioner Of Income Tax (Appeals)- 11, Pune [For Short “Cit(A)”] Dt. 23/12/2022 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”].

section 143(3), r.w.s.l53A of the Act, for AYs 2009-10, 2010-11, 2011-12 and 2014-15. IV. The ld CIT(A) has grossly erred in not considering the following relevant facts : ITAT-Pune Page 4 of 10 Gera Reality India Pvt. Ltd., ITA No 64 &65/PUN/2023 AY: 2013-14 &2015-16 1. All the payments had been made

DEPUTY COMMISSIONER OF INCOME-TAX vs. BAJAJ ALLIANZ INSURANCE CO. LTD.,, PUNE

In the result, the appeal of the Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

133A of the Act was conducted in the office premises of the assessee on 03.01.2008 for verification of compliance to the various provisions of TDS / TCS. During the course of survey, it was noticed that during the year assessee had made payments amounting to Rs.1,66,82,034/- to various parties as DG set hire charges - and had deducted TDS

DEPUTY COMMISSIONER OF INCOME-TAX vs. BAJAJ ALLIANZ INSURANCE CO. LTD.,, PUNE

In the result, the appeal of the Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

133A of the Act was conducted in the office premises of the assessee on 03.01.2008 for verification of compliance to the various provisions of TDS / TCS. During the course of survey, it was noticed that during the year assessee had made payments amounting to Rs.1,66,82,034/- to various parties as DG set hire charges - and had deducted TDS

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

TDS. 5. The proceedings u/s 154 of the Act were initiated vide notice dated 05/04/2023 proposing to treat the abovementioned 9 income offered as taxable under section 69C and thereby to tax the same under section 115BBE instead of normal tax rate applicable to companies. 6. However, the said proceedings were dropped vide order dated 08/02/2024 considering the fact that