TULSABAI VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

Bench: Dr. Manish Borad & Shri Vinay Bhamore

section 250 of the Income Tax Act, 2 ITA.Nos.1837-1839/PUN./2025 (Amol Vasant Deshmukh & Ors.) 1961 (“Act”) which are arising out of penalty orders passed u/s. 271(1)(c) of the Act, evenly dated 18/05/2018 for the Assessment Year (AY) 2015-16. 2. Registry has pointed out that there is a delay of 1918 days in each

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

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

section 271(1)(c) of\nthe Act is clearly attracted in this case.\n07. From the facts of the case it has been brought on record that the assessee has\nconverted the land inherited by the assessee form capital asset to stock in trade.\nThe reply given by the assessee in his statement is reproduced below:\n\"This land

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHPAUR vs. RBL BANK LTD, KOLHAPUR

In the result, the appeal of the Revenue is dismissed

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

section 271(l)(c) of the Act requires the Ld. AO to record is satisfaction before imposition of penalty, the AO could not have imposed penalty merely because the assessee has not filed any response. The CIT(A) has held the order imposing penalty to be bad in law on this count too. The assessee submits that there

MRS BALBIR KAUR BIRDIE ,MADHYA PRADESH vs. ITO 11(3), PUNE

In the result, the appeal of the Assessee is allowed

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

capital gain, the assessee filed a revision petition u/sec.264 of the Act before the PCIT. The PCIT considered the said petition of the assessee and set aside the order passed u/sec.143(3) of the Act to the file of Assessing Officer to compute the income as per the provisions of law. Subsequently, the Assessing Officer issued two notices u/sec.142(1

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. PRABHA FARMS PRIVATE LIMITED, AURANGABAD

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1748/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Dcit, Circle-1, Vs. Prabha Farms Private Aurangabad. Limited, Akash, Paithan Road, Aurangabad- 431005. Pan : Aaccp3782D Appellant Respondent C. O. No.07/Pun/2025 (Arising Out Of Ita No.1748/Pun/2024) िनधा"रण वष" / Assessment Year : 2013-14 Prabha Farms Private Vs. Dcit, Circle-1, Limited, Aurangabad. Akash, Paithan Road, Aurangabad- 431005. Pan : Aaccp3782D Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri N. R. Agrawal Date Of Hearing : 24.02.2025 Date Of Pronouncement : 16.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment

gain income was shown by the assessee in its return of income. The Assessing Officer completed the assessment u/s 143(3) of the IT Act on a total income of Rs.3,57,10,580/- and simultaneously initiated penalty proceedings u/s 271(1)(c) IT Act. The assessee preferred first appeal against quantum addition and when it was dismissed assessee preferred

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 7 PUNE, PUNE vs. KOLTE PATIL INTEGRATED TOWNSHIPS LIMITED, PUNE

In the result, both the appeals filed by the Revenue are dismissed

271[1][c] of the Income Tax Act 1961\nfor concealment of income is initiated separately.\nDisallowance of interest u/s 36 of the I.T. Act of Rs.15,11,87,548/-" 6.\nBefore the Ld. CIT(A) / NFAC the assessee apart from challenging the\naddition on merit challenged the validity of reopening of the assessment. The Ld.\nCIT(A) / NFAC

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

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

271(1)(b)... and so on. An exercise of missing two\nseparate orders under one common order, is besides the law and\nwholly incorrect.\nD. Mis-match of authorities (without prejudice to main challenges)\nFrom a collective perusal of sections 12AA/12AB, etc. it reveals that,\npower to cancel \"registration\" u/s 12A/12AA/12AB exists with the\nsame authority which grants the same

DINAR UMESHKUMAR MORE,MALEGAON vs. ITO WARD 1, MALEGAON

In the result, appeal of the assessee is allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamore

capital gains on transfer of immovable property on the ground that the appellant had concealed the particulars of his income without appreciating that the levy of penalty was not justified on facts and in law. 2 Dinar Umeshkumar More 2] The learned CIT(A) erred in not appreciating that the penalty order u/s 271(1)(c) dated 12.02.2020 is barred

RAMDAS PANDHARINATH KALE(HUF),PUNE vs. ITO, WARD-12(3), PUNE, PUNE

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.246/Pun/2025 िनधा"रण वष" / Assessment Year: 2013-14 Ramdas Pandharinath Kale V The Income Tax Officer, (Huf), S Ward-12(3), Pune. Wagjholi, Kalewasti, Kasanand Road, Haveli, Pune – 412207. Pan: Aaqhr7916A Appellant/ Assessee Respondent /Revenue Assessee By Shri Abhay Avachat – Ar Revenue By Shri Arvind Desai – Addl.Cit(Dr) Date Of Hearing 27/03/2025 Date Of Pronouncement 28/03/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Delhi U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 19.10.2024 For The A.Y.2013-14. The Assessee Has Raised The Following Grounds Of Appeal : “Each Ground Is Taken Without Prejudice To Each Other.

capital gains and income from other sources, furnished return of income on 31.07.2014 declaring total income at Rs.1,74,682/-. The Return was processed under section 143(1) of Income Tax Act, 1961. Subsequently, the case was selected for scrutiny, ¬ices under section 143(2) and 142(1) were issued to the assessee. After considering the submission of the assessee

S K BHANSALI & ASSOCIATES,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2006-07

capital gain was taxable in an another manner. 27. It is well settled proposition that the assessment proceedings and penalty proceedings under Section 271(1)(c

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

271(1)(c)/270A of the Act whereas no penalty per se is applicable for income added u/s.115BBC of the Act. We also observe that section 68 converts any credit entry not shown as income in the books of account, into income. For example unsecured loan, share capital, other capital receipts, share premium, sundry creditors etc. whereas in case

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

271(1)(c)/270A of the Act whereas no penalty per se is applicable for income added u/s.115BBC of the Act. We also observe that section 68 converts any credit entry not shown as income in the books of account, into income. For example unsecured loan, share capital, other capital receipts, share premium, sundry creditors etc. whereas in case

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

271(1)(c)/270A of the Act whereas no penalty per se is applicable for income added u/s.115BBC of the Act. We also observe that section 68 converts any credit entry not shown as income in the books of account, into income. For example unsecured loan, share capital, other capital receipts, share premium, sundry creditors etc. whereas in case

INCOME-TAX OFFICER, WARD 6(3), , PUNE vs. M/S RAVIRAJ VENTURES, PUNE

In the result, Revenue’s appeal is dismissed

Bench: Shri S.S.Viswanethra Ravi & Dr. Dipak P. Ripoteincome Tax Officer, Vs M/S.Raviraj Ventures, Ward-6(3), Pune. 1 To 5, Millenium Star, Dhole Patil Road, Pune – 411001. Pan: Aagfr 3176 G Appellant/Revenue Respondent/Assessee Assessee By : Shri Rajiv Thakkar, Ar Revenue By : Shri M.G.Jasnani, Jt.Cit Date Of Hearing : 16/02/2023 Date Of Pronouncement. : 15/05/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals), Pune-11, Dated 30.06.2022 Emanating From The Order Of The Acit, Dated 30.11.2018 Under Section 271(1)(C)Of The Income Tax Act, 1961 For The A.Y.2016-17. The Revenue Has Raised The Following Grounds Of Appeal: “1. The Cit(A) Erred Both On Facts & In Law In Passing The Order. 2. The Cit (A) Erred In Law As Well As On Facts By Deleting The Penalty U/S 271(L)(C) Of The I.T. Act, 1961 Of Rs.1,59,55,025/- Levied By The Ao Towards Furnishing Inaccurate Particulars Of Income For Not Following Recognization Of Revenue As Per As-9, As Raviraj Ventures [R]

c) of the Act invoking explanation 5A . The AO levied Penalty only on one ground that the assessee offered additional income only because of search. Though the assessee had explained that assessee was following Project Completion Method. We are aware that explanation 5A to Section 271(1) has introduced the deeming fiction. However, in this case the difference

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE, PUNE vs. BANK OF MAHARASHTRA, PUNE

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

gains and held that the claim of the assessee of expenses pertaining to prior period cannot be accepted. In view of above, prior period expenses of Rs.1,16,38,539/- debited to profit and loss account, is hereby disallowed and added to the total income. Penalty proceedings u/s 271(1)(c) are initiated separately for furnishing inaccurate particulars of income

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRAHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

C. Jehangir [(2023) 155 taxmann.com 209 (Bom HC)]. 13. Mohd. Farhan A. Shaikh v. DCIT [434 ITR 1 (Bom)(HC)]. 6.1. He submitted that although the assessee has raised a ground before the Ld. CIT(A) that when profit is estimated, penalty cannot be levied u/sec.270A(9) of the Act, however, the Ld. CIT(A) did not adjudicate the same

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRADHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

C. Jehangir [(2023) 155 taxmann.com 209 (Bom HC)]. 13. Mohd. Farhan A. Shaikh v. DCIT [434 ITR 1 (Bom)(HC)]. 6.1. He submitted that although the assessee has raised a ground before the Ld. CIT(A) that when profit is estimated, penalty cannot be levied u/sec.270A(9) of the Act, however, the Ld. CIT(A) did not adjudicate the same

S K BHANSALI & ASSOCIATES,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE, PUNE

Appeal is allowed in above terms

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

capital gain was taxable in an another manner. 27. It is well settled proposition that the assessment proceedings and penalty proceedings under Section 271(1)(c