M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

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

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. METAROLLS ISPAT PVT. LTD., JALNA

In the result, both the appeals filed by the Revenue are partly allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

bogus / untested purchases. The grounds raised by the Revenue are accordingly partly allowed. 34. The ground of appeal No.4 by the Revenue relates to the order of the Ld. CIT(A) in deleting the addition of Rs.17,42,770/-. 35. Facts of the case in brief are that during the course of assessment proceedings the Assessing Officer asked the assessee

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

41. Before us, both sides had agreed and are in agreement with the decision of this Tribunal for earlier years (supra). The relevant portion of the decision of the Tribunal in assessee‟s own case for the assessment year 2015-16 is extracted below :- ―5.2. There can be no doubt that ordinarily the internal TNMM gets precedence over the external

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

41. Before us, both sides had agreed and are in agreement with the decision of this Tribunal for earlier years (supra). The relevant portion of the decision of the Tribunal in assessee‟s own case for the assessment year 2015-16 is extracted below :- ―5.2. There can be no doubt that ordinarily the internal TNMM gets precedence over the external

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

41,34,875/-. 18. The above discussion clearly suggests that the appellant has failed to demonstrate that the interest-bearing loans were used for earning commission income and interest on income tax refund/bank interest. In the absence of same, the deduction of any portion of interest paid on capital withdrawn from M/s. Gagan Ace Developers cannot be allowed against these

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHAPUR vs. NATHMAL RUPCHAND JAIN, KOLHAPUR

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

1,30,478 (Rs. 19,28,855-17,98,377).” 4. The Assessing Officer similarly rejecting the various explanations given by the assessee made addition of Rs.4,43,90,000/- being the entire cash deposited in bank account as unexplained cash deposit u/s 69A of the Act by recording as under: “The above fact also clearly establishes the correctness

HAMAJA MOHAMMED MALPEKAR,RATNAGIRI vs. INCOME TAX OFFICER, RATNAGIRI WARD, RATNAGIRI

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

bogus liabilites created out of thin air by the assessee of which he has no documentary evidences. The assessee is making concoted afterthought stories which are not supported by any rationale or evidences. Therefore, an amount of Rs.19,72,000/- is hereby disallowed and added to the total income of the assessee being cessation of liability under the provisions

ASSISTANT COMMISSIONER OF INCOME TAX, CIRLE 1, KOLHAPUR, KOLHAPUR vs. HAMAJA MOHAMMED MALPEKAR, MAHARASHTRA

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

bogus liabilites created out of thin air by the assessee of which he has no documentary evidences. The assessee is making concoted afterthought stories which are not supported by any rationale or evidences. Therefore, an amount of Rs.19,72,000/- is hereby disallowed and added to the total income of the assessee being cessation of liability under the provisions

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

purchases and expenses and also based on the information collected from the assessee observed that the assessee company has arranged bogus expenses of Rs.24.24 crore which inter alia included bogus commission expenses also. When the assessee was confronted, it was submitted that these bogus losses have been arranged to cover up the inflated project value invoiced to TIL by Rs.26.55

M/S. M M BROTHERS,DHULE vs. ITO, WARD 1, DHULE, DHULE

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

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

section 271(1)(c) on the basis of which the penalty proceedings were initiated was neither communicated by the A.O. in the asst. order nor in the notice u/s 274 r.w.s. 271(1)(c) and therefore, the penalty order u/s 271(1)(c) passed in the instant case was bad in law in view of the 2 law laid down

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

purchased and sold\nand LTCG is claimed as exempt in the return of income thereby routing her undisclosed income / into the\naccounts. In view of above, there exist reasons to believe that the income arising out of sale of shares of penny\nstock company PLFIL have escaped assessment म\n\n7. Applicability of the provision of section 147/151

JAIBHAGWAN BANARASIDAS JINDAL,JALNA vs. THE INCOME TAX OFFICER, WARD-1, JALNA

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17

bogus long term capital and made addition of Rs.85,38,145/- u/s 68 of the Act. We find before the Ld. CIT(A) / NFAC, the assessee apart from challenging the addition on merit, challenged the validity of re-assessment proceedings. We find the Ld. CIT(A) / NFAC upheld the validity of re-assessment proceedings and sustained the addition on merit

DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

purchased and sold\nand LTCG is claimed as exempt in the return of income thereby routing her undisclosed income / into the\naccounts. In view of above, there exist reasons to believe that the income arising out of sale of shares of penny\nstock company PLFIL have escaped assessment\n\n7. Applicability of the provision of section 147/151 to the facts

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

purchased and sold\nand LTCG is claimed as exempt in the return of income thereby routing her undisclosed income / into the\naccounts. In view of above, there exist reasons to believe that the income arising out of sale of shares of penny\nstock company PLFIL have escaped assessment.\n7. Applicability of the provision of section 147/151 to the facts

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

1) of the Act which expressly restricts the computation of undisclosed income to the evidence found during search, the statement recorded under Section 132(4) of the Act can form a basis for a block assessment only if such statement relates to any incriminating evidence of undisclosed income unearthed during search and cannot be the sole basis for making

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. SURYACHANDRA LALMANI DUBEY, AURANGABAD

In the result, appeal of the Revenue is allowed

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR.DIPAK P. RIPOTE (Accountant Member)

section 47(iii) of the I. T. Act. Also it has to be verified whether the value of these shares have been computed on the market rate as on the date of such transfer'. 5 Suryachandra Lalmani Dubey [R] Hence, I have reasons to believe that income chargeable to tax amounting to Rs. 1,21,33,429/- as per provision

M/S KUTE SONS DAIRYS LTD.,SATARA vs. PRINCIPAL COMMISSIONER OF INCOME-TAX -3,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.410/Pun/2022 िनधा"रण वष" / Assessment Year : 2017-18 M/S. Kute Sons Dairys Ltd., Vs. Pcit-3, Pune. S.No.406/407, At Nimbhore, Post Surwadi, Taluka Phaltan, Satara- 415523. Pan : Aabck0391C Appellant Respondent Assessee By : Shri N. K. Rander Revenue By : Shri Keyur Patel Date Of Hearing : 09.05.2023 Date Of Pronouncement : 15.05.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Pr. Commissioner Of Income Tax-3, Pune (‘The Pcit’) Dated 30.03.2022 Passed U/S 263 Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Year 2017-18. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. Pr. Commissioner Of Income Tax Has Erred In Initiating Proceedings U/S.263 & Passing The Order Without Proper Jurisdiction. Appellant Prays To Declare Proceedings & Order Bad In Law.

purchased which is accepted by Assessing Officer after full application of mind. Therefore, appellant prays to cancel the Pr. CIT’s Order on the issue. 4. Pr. Commissioner has erred in setting aside case for applicability of Section 41(1). Appellant prays to cancel the Pr. CIT’s Order on the issue. 5. Appellant prays to add, alter, amend, modify

GOPAL EXTRUSIONS PVT LTD,,JALGAON vs. INCOME-TAX OFFICER, WARD - 1(2),, JALGAON

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita. No.1633/Pun/2017 Assessment Year : 2008-09

purchased back even at a loss, share transactions in question were to be regarded as bogus and, thus, amount received from said transactions was to be added to assesee's taxable income under section 68 13. We have heard the rival submissions and perused the record placed before us. Through this appeal the assessee has challenged the validity