ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

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

purchase of self occupied house property, copy of loan account statement and the certificate from the bank regarding the payment of interest and principal. Further, the Assessing Officer also held that the assessee cannot make a new claim in the return filed in response to notice u/s 153A of the Act. We find the Ld. CIT(A) although held that

DEPUTY COMMISSIONER OF INCOME-TAX vs. SERUM INSTITUTE OF INDIA LTD.,, PUNE

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

SERUM INSTITUTE OF INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

DEPUTY COMMISSIONER OF INCOME-TAX vs. SERUM INSTITUTE OF INDIA LTD.,, PUNE

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

SERUM INSTITUTE OF INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

SHRI MANOJ MADANLAL CHHAJED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1)PUNE, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / It(Ss)A Nos.91 To 96/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 To 2017-18 Shri Manoj Madanlal Vs. Acit, Central Circle- Chhajed, 1(1), Pune. 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / It(Ss)A Nos.97 & 98/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 & 2015-16 Acit, Circle-1(1), Pune. Vs. Shri Manoj Madanlal Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / Ita No.725/Pun/2022 िनधा"रण वष" / Assessment Year: 2018-19 Shri Manoj Madanlal Vs. Acit, Circle-1(1), Pune. Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent

purchase of property. Therefore, he submits that the orders of the lower authorities are very reasoned and speaking based on the proper appreciation of material on record requires no interference. 18. We heard the rival submissions and perused the material on record. Ground of appeal no.(a), (b) and (c) challenges the addition of unsecured loans of Rs.13

VASCON ENGINEERS LTD (SUCCESSOR TO ANGELICA PROPERTIES PVT. LTD.),PUNE vs. ADDITIONAL COMMISSIONER OF INCOME-TAX,, PUNE

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

purchased the development rights and not the land per se from the owners. [Para 6.4.6] d. The appellant has held the Hotel building for a short period [Para 6.4.6] e. If the asset was held as stock in trade, the same should have been declared under the Wealth Tax Act. [Para 6.4.6] Vascon Engineers Ltd., (Formerly Angelica Properties

M/S. ANGELICA PROPERTIES PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER INCOME-TAX,,

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

purchased the development rights and not the land per se from the owners. [Para 6.4.6] d. The appellant has held the Hotel building for a short period [Para 6.4.6] e. If the asset was held as stock in trade, the same should have been declared under the Wealth Tax Act. [Para 6.4.6] Vascon Engineers Ltd., (Formerly Angelica Properties

ANANT KESHAV RAJEGAONKAR,NASHIK vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, NASHIK, NASHIK

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1249 To 1252/Pun/2024 Assessment Years : 2013-14, 2014-15 & 2015-16

bogus and non-genuine particularly when the appellant has provided all the basic evidences in support of genuineness of the transactions. 4. On the basis of facts and in the circumstances of the case and as per law, the Commissioner of Income Tax (Appeals) is not justified in confirming the addition of Rs.1,83,58,184/- on by invoking

ANANT KESHAV RAJEGAONKAR,NASHIK vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, NASHIK, NASHIK

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1249 To 1252/Pun/2024 Assessment Years : 2013-14, 2014-15 & 2015-16

bogus and non-genuine particularly when the appellant has provided all the basic evidences in support of genuineness of the transactions. 4. On the basis of facts and in the circumstances of the case and as per law, the Commissioner of Income Tax (Appeals) is not justified in confirming the addition of Rs.1,83,58,184/- on by invoking

ANANT KESHAV RAJEGAONKAR,NASHIK vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, NASHIK, NASHIK

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1249 To 1252/Pun/2024 Assessment Years : 2013-14, 2014-15 & 2015-16

bogus and non-genuine particularly when the appellant has provided all the basic evidences in support of genuineness of the transactions. 4. On the basis of facts and in the circumstances of the case and as per law, the Commissioner of Income Tax (Appeals) is not justified in confirming the addition of Rs.1,83,58,184/- on by invoking

ANANT KESHAV RAJEGAONKAR,NASHIK vs. THE ASSTT. COMMISSIONER OF OF INCOME TAX , CENTRAL CIRCLE - 2, NASHIK, NASHIK

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1249 To 1252/Pun/2024 Assessment Years : 2013-14, 2014-15 & 2015-16

bogus and non-genuine particularly when the appellant has provided all the basic evidences in support of genuineness of the transactions. 4. On the basis of facts and in the circumstances of the case and as per law, the Commissioner of Income Tax (Appeals) is not justified in confirming the addition of Rs.1,83,58,184/- on by invoking

SMT. SUNITA G. DESAI,,RATNAGIRI vs. INCOME-TAX OFFICER, WARD - 1,, RATNAGIRI

In the result, the appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Satbeer Singh Godara, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.2761/Pun/2017 िनधा"रणवष" / Assessment Year : 2009-10 Smt.Sunitag.Desai, The Income Tax Officer, Master Plaza, Jakadevi, Vs Ward-1, Ratnagiri. Khalgaon, Ratnagiri. Pan: Abopd 2868 A Appellant/ Revenue Respondent/ Assessee Assessee By Shri Kishor B Phadke – Ar Revenue By Shri S P Walimbe - Dr Date Of Hearing 21/04/2022 Date Of Pronouncement 16/06/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Kolhapur Dated 01.09.2017 For The Assessment Year 2009-10. The Assessee Raised The Following Grounds Of Appeal: “1. The Learned Cit(A)-2, Kolhapur Erred In Law & On Facts In Upholding The Action Of The Learned Ito, Ward-1, Ratnagiri (Hereinafter Referred To As The Learned Ao) In Assessing Total Income Of Appellant At Rs, 50,34,254/- Instead Of Returned Income Of Rs. 4,05,200/-. 2. The Learned Cit(A)-2, Kolhapur Erred In Law & On Facts In Sustaining The Additionof Rs.33,79,054/- Made By The Learned Ao U/S 69C Of The Ita, 1961 For The Bogus Purchases From M/S. Adijin Enterprises & M/S. Hiten Enterprises; Without Appreciating That, No Any Enquiries Were Carried Out By The L-T Authorities In This Regard. 3. The Learned Cit(A)-2, Kolhapur & The Learned Ao Erred In Law & On Facts In Not Appreciating That, The Said Bogus Purchases Of Rs. 33,79,054/- Were, Intact, Capitalized To Plant & Machinery & Depreciation Of Only Rs. 5,06,958/- (I.E. 15% Of Rs. 33,79,054/-) Was Claimed As A Deduction By Appellant During Ay 2009-10. The Learned

bogus purchases, only to the extent of Rs. 5,06,958/- (i.e 15% of Rs. 33,79,054), being depreciation claimed by appellant during AY 2009-10. 4. The learned CIT(A)-2, Kolhapur erred in law and on facts in presuming some alleged parallel transactions of purchase of Plant & Machinery of Rs.33,79,054/- from unknown parties in CASH

DCIT-CIRCLE 7 PUNE, BODHI TOWER SALISBURY PARK PUNE vs. TRIO CHEMSUCROTECH ENG. PROJECTS PVT. LTD, PUNE

house property We would also like to mention that assessee had completely changed his stand in respect of finance charges in this additional ground. One of the assessee's stands definitely have no legs to stand. Assessee's claim that the money was borrowed for acquiring property which is fetching rent needs proper verification and investigation

JAGDISH VISHWANANTH KANKREJ,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

In the result, the appeal of the assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

purchases cannot be treated as bogus. 10. In such circumstances, considering the totality of the facts, in my opinion, the books of account deserves to be rejected and profit needs to be estimated. Therefore to meet the ends of justice and to prevent leakage of revenue the profit is estimated at 10% of the turnover. The computation of income

M/S. RAMESH KOTHARI,,DHULE vs. INCOME-TAX OFFICER, WARD - 3,, DHULE

In the result, the appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita No.1747/Pun/2017 यििाारण वषा / Assessment Year : 2013-14 M/S. Ramesh Kothari Kothari House, 696, Station Road, Dondaicha, अऩीऱाथी/Appellant Dist: Dhule-425408 …. Pan: Aanfr6929E Vs.

House, 696, Station Road, Dondaicha, अऩीऱाथी/Appellant Dist: Dhule-425408 …. PAN: AANFR6929E Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 3, Dhule अऩीऱाथी की ओर से / Appellant by : Shri Vinay V. Kawdia प्रत्यथी की ओर से / Respondent by : Shri M.K. Verma घोषणा की तारीख / सुनवाई की तारीख / Date of Hearing : 10.10.2018 Date of Pronouncement: 28.11.2018 आदेश / ORDER PER SUSHMA CHOWLA

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

house property,\nbusiness and profession and other sources. A search action u/s 132 was conducted\nin the card of the assessee on 02.05.2013 and accordingly a notice u/s 153A was\nissued to the assessee in response to which the assessee filed his return of income\non 28.02.2014 declaring total income of Rs.15,00,324/-. Thereafter, assessment\nunder section

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

house property,\nbusiness and profession and other sources. A search action u/s 132 was conducted\nin the card of the assessee on 02.05.2013 and accordingly a notice u/s 153A was\nissued to the assessee in response to which the assessee filed his return of income\non 28.02.2014 declaring total income of Rs.15,00,324/-. Thereafter, assessment\nunder section