DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

Delay of 32 days in filing of these appeals stands condoned since falling under Covid-19 pandemic outbreak period. ITA Nos.42 & 43/PUN/2021 for A.Y’s: 2015-16 & 16-17 DCIT Vs. M/s.Eaton Technologies Pvt. Ltd., (R) 3. The Revenue’s former appeal ITA No.42/PUN/2021 for the A.Y. 2015-16 raises the following substantive grounds: “1. The order

MATSYODARI SHIKSHAN SANSTHAS ANKUSHRAO TOPE JUNIOR COLLEGE, JALNA,JALNA vs. INCOME TAX OFFICER TDS, AURANGABAD

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

10. Section 3(1) of the Limitation Act, for the sake of convenience, is reproduced hereinbelow: “3. Bar of limitation.- (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.” 11. Though Section

MATSYODARI SHIKSHAN SANSTHAS ANKUSHRAO TOPE JUNIOR COLLEGE, JALNA,JALNA vs. INCOME TAX OFFICER TDS, AURANGABAD

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

10. Section 3(1) of the Limitation Act, for the sake of convenience, is reproduced hereinbelow: “3. Bar of limitation.- (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.” 11. Though Section

MATSYODARI SHIKSHAN SANSTHAS ANKUSHRAO TOPE COLLEGE, JALNA,JALNA vs. INCOME TAX OFFICER TDS, AURANGABAD

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

10. Section 3(1) of the Limitation Act, for the sake of convenience, is reproduced hereinbelow: “3. Bar of limitation.- (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.” 11. Though Section

MATSYODARI SHIKSHAN SANSTHAS ANKUSHRAO TOPE COLLEGE, JALNA,JALNA vs. INCOME TAX OFFICER TDS, AURANGABAD

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

10. Section 3(1) of the Limitation Act, for the sake of convenience, is reproduced hereinbelow: “3. Bar of limitation.- (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.” 11. Though Section

DADASAHEB TIRODKAR SHAIKSHANIK ACADEMY,SINDHUDURG vs. ITOD EXEMPTION WARD, KOLHAPUR

In the result, appeal of the assessee is partly allowed

10(21)\n11\n12\nCOME\nIncome claimed/ exempt under section 13A or 13B in case of a Political Party or Electoral Trust (Fill\nSchedule LA or ET)\nTAX DEPARTMEN\n12\n0\na\nIncome claimed/ exempt under section 13A\n12a\nb\nincome claimed/ exempt under section 13B\n12b\n13\nIncome not forming part of item no. 7 and 11 above

APAASSO MALI,PUNE vs. ITO 11(1), SWARGATE

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

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

sections 234A, 234B, 234C, 234D and fee u/s 234F for default in furnishing return of income are. Ground No. 7 The Appellant hereby reserves the right to add, amend, alter, delete, or raise any additional ground/s on or before the date of hearing.” 5. The Ld. AR submitted that the assessee had a reasonable/sufficient cause for not being able

AGRICULTURAL PRODUCE MARKET COMMITTEE,,AHMEDNAGAR vs. INCOME-TAX OFFICER, WARD - 1,, AHMEDNAGAR

In the result, appeal of assessee is allowed

Bench: Shri D. Karunakara Rao, Am आयकरअपीलसं. / Ita Nos.2771 & 2772/Pun/2017 "नधा"रणवष"/ Assessment Years : 2013-14 & 2014-15 M/S Agricultural Produce Market Committee, 1St Floor, Kisan Kranti Building, Market Yard, Station Road, Ahmednagar. अपीलाथ"/Appellant Pan : Aaala0304R …. Vs. Acit, Ahmednagar Circle, Ahmednagar. …. ""यथ"/ Respondent

condoning the delay and, therefore, I proceeded to adjudicate the issue on merits. Adjudication on the issue on merits 5. Regarding the issue on merits, the brief facts include that the assessee filed the return of income on 26.09.2013 declaring loss of Rs.2,10,93,677/-. The Assessing Officer completed the assessment u/s ITA Nos.2771 & 2772/PUN/2017

M/S. AGRICULTURAL PRODUCE MARKET COMMITTEE,,AHMEDNAGAR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, AHMEDNAGAR CIRCLE , , AHMEDNAGAR

In the result, appeal of assessee is allowed

Bench: Shri D. Karunakara Rao, Am आयकरअपीलसं. / Ita Nos.2771 & 2772/Pun/2017 "नधा"रणवष"/ Assessment Years : 2013-14 & 2014-15 M/S Agricultural Produce Market Committee, 1St Floor, Kisan Kranti Building, Market Yard, Station Road, Ahmednagar. अपीलाथ"/Appellant Pan : Aaala0304R …. Vs. Acit, Ahmednagar Circle, Ahmednagar. …. ""यथ"/ Respondent

condoning the delay and, therefore, I proceeded to adjudicate the issue on merits. Adjudication on the issue on merits 5. Regarding the issue on merits, the brief facts include that the assessee filed the return of income on 26.09.2013 declaring loss of Rs.2,10,93,677/-. The Assessing Officer completed the assessment u/s ITA Nos.2771 & 2772/PUN/2017

M/S. VIKRAM DEVELOPERS & PROMOTERS,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

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

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita Nos.2795 & 2796/Pun/2016 िनधा"रण वष" / Assessment Years : 2012-13 & 2013-14 M/S. Vikram Developers & Promoters, 19, Shrikrishna Heights, Ganeshkhind Road, Shivaji Nagar, Pune-411005. .......अपीलाथ" / Appellant Pan : Aagfv4298R बनाम / V/S. Dcit, Central Circle-2(1), ……""यथ" / Respondent Pune. Assessee By : Shri Kishor Phadke Revenue By : Shri Milind Chahure सुनवाई क" तारीख / Date Of Hearing : 17.10.2019 घोषणा क" तारीख / Date Of Pronouncement : 14.11.2019 आदेश / Order Per D. Karunakara Rao, Am: There Are Two Appeals Under Consideration Filed By The Assessee Against The Common Orders Of The Cit(A)-12, Pune Dated 08.09.2016 For The Assessment Years 2012-13 & 2013-14 Respectively. Preliminary Issue - Condonation Of Delay – Both Appeals 2. Before Us, At The Outset, Ld. Counsel For The Assessee Submitted That The Both The Appeals Could Not Be Filed In Time & The Said Appeals Were Filed With The Delay Of 01 Day. In This Regard, Ld. Counsel For The Assessee Submitted That The Delay Is Unintentional & Prayed For Condoning The Same. 3. After Hearing Both The Sides & Considering The Smallness Of Delay In Filing Of Both The Appeals, We Condone The Delay & Proceed To Adjudicate The Appeals Of The Assessee In The Following Paragraphs. 4. The Facts & Grounds Are Common In Both The Appeals, Therefore, Both The Appeals Were Heard Together & Are Being Disposed Of By This Composite Order. Accordingly, The Appeal-Wise Adjudication Is Taken Up In The Following Paragraphs.

condone the delay and proceed to adjudicate the appeals of the assessee in the following paragraphs. 4. The facts and grounds are common in both the appeals, therefore, both the appeals were heard together and are being disposed of by this composite order. Accordingly, the appeal-wise adjudication is taken up in the following paragraphs. ITA No.2795/PUN/2016

VIKRAM DEVELOPERS & PROMOTERS,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

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

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita Nos.2795 & 2796/Pun/2016 िनधा"रण वष" / Assessment Years : 2012-13 & 2013-14 M/S. Vikram Developers & Promoters, 19, Shrikrishna Heights, Ganeshkhind Road, Shivaji Nagar, Pune-411005. .......अपीलाथ" / Appellant Pan : Aagfv4298R बनाम / V/S. Dcit, Central Circle-2(1), ……""यथ" / Respondent Pune. Assessee By : Shri Kishor Phadke Revenue By : Shri Milind Chahure सुनवाई क" तारीख / Date Of Hearing : 17.10.2019 घोषणा क" तारीख / Date Of Pronouncement : 14.11.2019 आदेश / Order Per D. Karunakara Rao, Am: There Are Two Appeals Under Consideration Filed By The Assessee Against The Common Orders Of The Cit(A)-12, Pune Dated 08.09.2016 For The Assessment Years 2012-13 & 2013-14 Respectively. Preliminary Issue - Condonation Of Delay – Both Appeals 2. Before Us, At The Outset, Ld. Counsel For The Assessee Submitted That The Both The Appeals Could Not Be Filed In Time & The Said Appeals Were Filed With The Delay Of 01 Day. In This Regard, Ld. Counsel For The Assessee Submitted That The Delay Is Unintentional & Prayed For Condoning The Same. 3. After Hearing Both The Sides & Considering The Smallness Of Delay In Filing Of Both The Appeals, We Condone The Delay & Proceed To Adjudicate The Appeals Of The Assessee In The Following Paragraphs. 4. The Facts & Grounds Are Common In Both The Appeals, Therefore, Both The Appeals Were Heard Together & Are Being Disposed Of By This Composite Order. Accordingly, The Appeal-Wise Adjudication Is Taken Up In The Following Paragraphs.

condone the delay and proceed to adjudicate the appeals of the assessee in the following paragraphs. 4. The facts and grounds are common in both the appeals, therefore, both the appeals were heard together and are being disposed of by this composite order. Accordingly, the appeal-wise adjudication is taken up in the following paragraphs. ITA No.2795/PUN/2016

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14. In appeal, the Ld. CIT(A) considering the submission of the assessee, the facts of the case, findings of the AO in the assessment order, provision of the section and CBDT's Instruction no 1/1148, dated February 9, 1978, held that the assessee is entitled to exemption u/s 11 of the I.T. Act, 1961. While doing so he noted

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14. In appeal, the Ld. CIT(A) considering the submission of the assessee, the facts of the case, findings of the AO in the assessment order, provision of the section and CBDT's Instruction no 1/1148, dated February 9, 1978, held that the assessee is entitled to exemption u/s 11 of the I.T. Act, 1961. While doing so he noted

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14. In appeal, the Ld. CIT(A) considering the submission of the assessee, the facts of the case, findings of the AO in the assessment order, provision of the section and CBDT's Instruction no 1/1148, dated February 9, 1978, held that the assessee is entitled to exemption u/s 11 of the I.T. Act, 1961. While doing so he noted

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14. In appeal, the Ld. CIT(A) considering the submission of the assessee, the facts of the case, findings of the AO in the assessment order, provision of the section and CBDT's Instruction no 1/1148, dated February 9, 1978, held that the assessee is entitled to exemption u/s 11 of the I.T. Act, 1961. While doing so he noted

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14. In appeal, the Ld. CIT(A) considering the submission of the assessee, the facts of the case, findings of the AO in the assessment order, provision of the section and CBDT's Instruction no 1/1148, dated February 9, 1978, held that the assessee is entitled to exemption u/s 11 of the I.T. Act, 1961. While doing so he noted

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14. In appeal, the Ld. CIT(A) considering the submission of the assessee, the facts of the case, findings of the AO in the assessment order, provision of the section and CBDT's Instruction no 1/1148, dated February 9, 1978, held that the assessee is entitled to exemption u/s 11 of the I.T. Act, 1961. While doing so he noted

PRASANNA SADASHIV SHETE,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-10, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2012-13 Prasanna Sadashiv Shete Dcit, Circle 10, Pune 56/8, D-Ii, Midc Shete Industries, Vs. Chinchwad, Pune – 411019 Pan: Adbps4462Q (Appellant) (Respondent) Assessee By : Shri Suhas Bora Department By : Shri Arvind Desai, Addl Cit Dr Date Of Hearing : 27-03-2025 Date Of Pronouncement : 29-05-2025 O R D E R

14 has held as under: "The burden is on the party claiming condonation of delay to place before the Court, in clear and explicit terms, all facts on which the party relies, so that the Court can come to the conclusion that it is not a case of want of diligence or inaction on the part of the applicant

TDK ELECTRONICS AG, (FORMERLY KNOWN AS EPCOS AG),,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, (IT), CIRCLE -1,, PUNE

In the result, the appeal is allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2015-16 Tdk Electronics Ag Vs. Acit (It), (Formerly Known As Epcos Ag) Circle-1, Pune C/O. Epcos India Pvt. Ltd., E-22-25, Midc Satpur, Nashik 422 007 Pan : Aaace9787H Appellant Respondent

10 TDK Electronics AG no competent authority/forum can usurp the statutory power and bestow upon itself the power to condone the delay. The fortiori is that any application moved after the prescribed period, in the absence of an express provision in this regard, is liable to be dismissed as time barred. 12. Section 144C(2) of the Act provides