SHREYAS WINES,AURNAGABAD - MAHARASHTRA vs. AO, AURANGABAD

Appeals of the assessee are partly ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamore

TDS deductions made, TCS collected, proof of Excise License Fees paid, and records maintained as per Excise Department in Form No. CL(15)XV, VAT ITAT-Pune Page 3 of 8 M/s Shreyas Wines Vs ITO ITA No. 890 & 891/PUN/2024 AY 2016-17 & 2017-18 returns/records/audit report etc. When these notices went unattended, the assessee by service of show cause

SHREYAS WINES,AURANGABAD vs. ASSESSING OFFICER, AURANGABAD

Appeals of the assessee are partly ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamore

TDS deductions made, TCS collected, proof of Excise License Fees paid, and records maintained as per Excise Department in Form No. CL(15)XV, VAT ITAT-Pune Page 3 of 8 M/s Shreyas Wines Vs ITO ITA No. 890 & 891/PUN/2024 AY 2016-17 & 2017-18 returns/records/audit report etc. When these notices went unattended, the assessee by service of show cause

RAM LAXMANRAO MITKARI,LATUR vs. INCOME-TAX OFFICER, WARD -3, LATUR

In the result, the appeal is partly allowed for statistical purposes

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

145, the interest received by an assessee on any compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the previous year in which it is received”. Thus it is palpable that post the decision in Ghanshyam (supra), a statutory amendment has been carried out providing that income by way of interest

BHUJBAL BROTHERS CONSTRUCTION COMPANY,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(3), PUNE

In the result, the appeal filed by the Revenue in ITA

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

TDS but the assessee failed to do so, thereby it was liable for disallowance u/s 40(a)(ia). 4) On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in restricting the unexplained cash deposits by giving telescoping benefits of on-money received without appreciating the fact that the assessee has failed to submit

ASSISTANT COMMISSIONER OF INCOME TAX, PUNE vs. BHUJBAL BROTHERS CONSTRUCTION COMPANY, PUNE

In the result, the appeal filed by the Revenue in ITA

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

TDS but the assessee failed to do so, thereby it was liable for disallowance u/s 40(a)(ia). 4) On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in restricting the unexplained cash deposits by giving telescoping benefits of on-money received without appreciating the fact that the assessee has failed to submit

SAMADHAN KRUSHNA KATEKAR,RAIGAD vs. NATIONAL FACELESS ASSESSMENT CENTRE, RAIGAD

Appeal is partly allowed in above terms

Bench: Shri S.S. Godara & Shri G.D. Padmahshaliनिर्धारण वषा / Assessment Year : 2016-17 Samadhan Krushna Katekar Vs. National 214, Narmada Krishna Niwas Faceless Dhutum, Jasai Uran – 400702 Assessment Maharashtra Centre Pan : Azrpk4713E Appellant Respondent

145, the interest received by an assessee on any compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the previous year in which it is received”. Thus it is palpable that post 6 Samadhan Krushna Katekar the decision in Ghanshyam (supra), a statutory amendment has been carried out providing that income

SHRIHARI HANMANT NAVRANGE,LATUR vs. INCOME-TAX OFFICER, WARD -3, LATUR

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

145, the interest received by an assessee on any compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the previous year in which it is received”. Thus it is palpable that post the decision in Ghanshyam (supra), a statutory amendment has been carried out providing that income by way of interest

AZIZUDDIN LATIPHODDIN KAZI L/H OF DECEASED LATIPHODDIN AJIMODDIN KAZI,LATUR vs. THE INCOME TAX OFFICER, WARD-4, LATUR

Appeal is dismissed

Bench: Shri S.S.Godaraआयकर अपीलसं. / Ita No.835/Pun/2023 िनधा"रण वष" / Assessment Year : 2013-14 Azizuddin Latiphoddin Kazi, The Income Tax Officer, L/H Of Deceased Latiphoddin Vs Ward-4, Latur. Ajimoddin Kazi, . Block No.71, Kazi Nivas, Dastagir Galli, Tal. Ahmedpur, Latur – 413515. Pan: Aynpk5231E Appellant / Assessee Respondent / Revenue Assessee By Shri P P Kulkarni – Ar Revenue By Shri B.S.Rajpurohit - Dr Date Of Hearing 17/08/2023 Date Of Pronouncement 18/08/2023

145, the interest received by an assessee on any compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the previous year in which it is received”. Thus it is palpable that post the decision in Ghanshyam (supra), a statutory amendment has been carried out providing that income by way of interest

VILAS KISAN PATIL,URAN vs. ASSESSING OFFICER, ASSESSMENT UNIT, ITD, PANVEL

In the result, appeal of the assessee is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2178/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Vilas Kisan Patin, V The Assessing Officer, House No.82, Panje, S Assessment Unit, Itd, Uran,Tal.Panvel, Panvel. Dist-Raigad, Maharashtra – 400702. Pan: Ayipp1671N Appellant/ Assessee Respondent /Revenue Assessee By Shri Subodh Ratnaparkhi – Ar Revenue By Shri Arvind Desai – Addl.Cit(Dr) Date Of Hearing 24/12/2024 Date Of Pronouncement 24/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] U/Sec.250 Of The Income Tax Act, 1961; Dated 29.08.2024 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Hon. Cit(A) Erred In Upholding Addition Of Rs.1,92,72,028/- Made By Ld. Ao By Relying Upon The Provisions Of Section 56(2)(Viii) R.W.S 57(Iv) R.W.S. 145A(B) Of The I.T.Act, 1961, Not Appreciating That The Said Amount Was Interest Granted U/S 28 Of The Land Acquisition Act, 1894 & Thus Bore The Character Of Enhanced Compensation On Acquisition Of Agricultural Land Situated At Village Panje, Tal.Uran, Dist. Raigd, Maharashtra & Was Therefore Exempt From Tax & The Addition Is Required To Be Deleted. 2. The Appellant Craves Leave To Add, Later, Amend And/Or Vary The Grounds Of The Appeal At Any Time Before The Decision Of The Appeal.” Submission Of Ld.Ar : 2. Ld.Ar For The Assessee Filed A Paper Book Containing 54 Pages. Ld.Ar Filed A Written Submission. Ld.Ar Submitted That Assessee Had Received Rs.3,85,44,057/- As Interest Under Section 28 Of The Land Acquisition Act. Ld.Ar Submitted That Said Interest Is Not Taxable As Held By The Hon’Ble Bombay High Court. Ld.Ar Filed Copy Of The Judgment. Ld.Ar Also Relied On The Following

TDS @ 10% is deducted. 4.1 Assessee claimed that amount as exempt income, however Assessing Officer taxed it as under : “The reply submission of the assessee was considered and thoroughly perused. Considering the above mentioned amendment provision introduced w.e.f. 01/04/2010, the claimed of exemption of interest on enhanced compensation of Rs.3,85,44,057/- in the ITR filed by the assessee

KUSUM JAYRAM THAKUR,RAIGAD vs. INCOME TAX OFFICER, WARD-3, PANVEL, PANVEL

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

145, the interest received by an assessee on any compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the previous year in which it is received”. Thus it is palpable that post the decision in Ghanshyam (supra), a statutory amendment has been carried out providing that income by way of interest

AUTOCOMP CORPORATION PANSE PRIVATE LIMITED ,PUNE vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE

In the result, both the appeals filed by the assessee are allowed for statistical purposes

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

145/- under Section 115JAA to be set off against the tax amount calculated under the normal provisions (non MAT provisions). The computation of income and consequent demand including interest charged under Section 234 A, B and C were prima facie incorrect and ought to have been corrected by the AO. 5 TDS

AUTOCOMP CORPORATION PANSE PRIVATE LIMITED ,PUNE vs. ASST. COMMISSIONER OF INCOME TAX, PUNE

In the result, both the appeals filed by the assessee are allowed for statistical purposes

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

145/- under Section 115JAA to be set off against the tax amount calculated under the normal provisions (non MAT provisions). The computation of income and consequent demand including interest charged under Section 234 A, B and C were prima facie incorrect and ought to have been corrected by the AO. 5 TDS

PRAFULLA SHANTILAL KOTHARI ,PUNE vs. ACIT, CIRCLE 7, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.922/Pun/2025 िनधा"रण वष" / Assessment Year: 2017-18 Prafulla Shantilal Kothari, Vs. Acit, Circle-7, Pune. Flat No.1, Akshay Plaza, Ramnagar, Wadgaonsheri, Pune- 411014. Pan : Aahhp4593E Appellant Respondent Assessee By : Shri Suhas Bora, Shri Saukhya Lakade & Miss Riya Oswal Revenue By : Shri Akhilesh Srivastva Date Of Hearing : 30.06.2025 Date Of Pronouncement : 30.06.2025 आदेश / Order Per R. K. Panda, Vp : This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.02.2025 Passed By Ld. Addl./Jcit(A)-1, Visakhapatnam [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Huf & Is Carrying On Business Of Online Trading In Lottery Tickets Under The Name & Style ‘J.K. Lottery’. It Filed Its Return Of Income On 24.10.2017 Declaring Total Income Of Rs.51,25,350/-. The Case

TDS. Thus, the assessee had in no way provided any proof whatsoever to establish the identity of persons claimed by the assessee to be in its payroll. Hence, vide showcause notice dated 18/07/2019, the assessee was asked to produce the supporting evidences. In response, assesee submitted that there was a high employee turnover during the year and hence identity proof

APPASO SAMPATRAO MANE,PUNE vs. ITO WARD 7(1), PUNE

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

section 144 of the Act based on the\ninformation available on-line on record. The Ld. AO therefore completed the\nassessment at total income of Rs.59,12,720/- by making an addition of\nRs.56,03,725/- on account of purchase of immovable property u/s 69 r.w.s.\n115BBE of the Act and Rs.3,08,995/- on account of payment of credit

MS RAJMAL LAKHICHAND,JALGAON vs. DCIT, JALGAON

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 M/S Rajmal Lakhichand Vs. Dcit, Jalgaon 169, Balaji Peth, Jalgaon – 425001 Pan: Aacfr8609L (Appellant) (Respondent) Assessee By : Shri Nikhil Pathak Department By : Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 29-01-2025 Date Of Pronouncement : 11-04-2025 O R D E R

TDS- Rs. 30,22,145/- 5. Interest on LBT- Rs.133/- 6. Interest on VAT- Rs. 2,02,248/- 5 Out of this, interest of Rs.2,16,99,167/- paid to bank and interest of Rs.3,31,77,113/- paid to others is liable for considering for disallowance u/s 36(1)(iii) of the Income Tax Act, 1961.” 9. He analyzed

SUNANDA CONSTRUCTIONS,PUNE vs. DCIT, CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

TDS as per provisions of section 194A. He accordingly held that the ratio laid down by the Hon’ble Bombay High Court in the case of CIT Vs. Jet Airways (I) Ltd. (supra) is applicable to the facts of the present case. He submitted that the above reasoning given by the Ld. CIT(A) is not correct. 10. Referring

SUNAND CONSTRUCTIONS,PUNE vs. DCIT CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

TDS as per provisions of section 194A. He accordingly held that the ratio laid down by the Hon’ble Bombay High Court in the case of CIT Vs. Jet Airways (I) Ltd. (supra) is applicable to the facts of the present case. He submitted that the above reasoning given by the Ld. CIT(A) is not correct. 10. Referring

SAYYAD MATIN ALLI IIAHI BAKSH,,LATUR vs. INCOME-TAX OFFICER, WARD - 1,, LATUR

Appeals are dismissed in above terms

Bench: Shri S. S. Godarasl.

145, the interest received by an assessee on any compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the previous year in which it is received". Thus it is palpable that post the decision in Ghanshyam (supra), a statutory amendment has been carried out providing that income by way of interest

SAYYAD MAKSOOD ALI IIAHI BAKSH,,LATUR vs. INCOME-TAX OFFICER, WARD - 1,, LATUR

Appeals are dismissed in above terms

Bench: Shri S. S. Godarasl.

145, the interest received by an assessee on any compensation or on enhanced compensation, as the case may be, shall be deemed to be the income of the previous year in which it is received". Thus it is palpable that post the decision in Ghanshyam (supra), a statutory amendment has been carried out providing that income by way of interest