SHREEM ELECTRIC LIMITED,KOLHAPUR vs. ACIT CENTRAL CIRCLE, KOLHAPUR, KOLHAPUR

In the result, appeal of the assessee is allowed

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.898/Pun/2024 िनधा"रण वष" / Assessment Year:2017-18 Shreem Electric Limited, V The Assistant Plot No.43 To 46, S Commissioner Of Income L.K.Akiwate Industrial Tax, Estate, Jaysingpur, Shirol, Central Circle, Kolhapur. Kolhapur – 416144. Pan: Aaccs4893C Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Shri Sourabh Nayak -Addl.Cit(Dr) Date Of Hearing 31/07/2024 Date Of Pronouncement 31/07/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal), Pune-11Passed Under Section 250 Of The Income Tax Act, Dated 31.01.2024 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A) Erred In Confirming Penalty Under Section 270A Of Rs.3,01,124/-. Shreem Electric Limited, Kolhapur[A] 2. The Learned Cit(A) Failed To Appreciate That, Since The Addition Is Made On Adhoc Basis, No Penalty Can Be Levied. 3. The Penalty Levied May Please Be Delete. 4. The Appellant Craves Leave To Add, Alter, Amend Or Delete Any Of The Above Grounds Of Appeal.” 2. There Is A Delay Of Two Months Of Filing Appeal Before This Tribunal. Considering The Reasons Mentioned In The Affidavit, We Are Convinced With The Reasons For Delay & In The Larger Interest Of Justice, We Condone The Delay.

depreciation to the 20% on account of machinery purchases from M/s Raidance Multi Trade Pvt. Ltd. Further, the AO also initiated penalty

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)

Penalty imposed on excess claim of depreciation - Rs 5,10,000 53. The assessee had sold one building owned by it, during

VIJAY SHIVAJIRAO KOKATE,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME TAX,, NASHIK

In the result, the appeal of the assessee is allowed

Bench: Shri Anil Chaturvedi & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.1008/Pun/2017 नििाारण वषा / Assessment Year : 2009-10

depreciation. The Assessing Officer has also initiated penalty proceedings u/s 271(1)(c) of the Act for concealment and furnishing

KRISHI UTPANNA BAZAR SAMITI,SOLAPUR vs. ACIT, CIRCLE 2, SOLAPUR

The appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.77/Pun/2020 िनधा"रणवष" /Assessment Year: 2008-09 Krishi Utpanna Bazar Sammittee, The Asst. Commissioner Basveshwar Market Yard, Tal: Vs Of Income Tax, Circle-2, Akkalkot, Solapur – 413216. Solapur. Pan: Aaaak 1791 R Appellant/ Assessee Respondent/ Revenue Assessee By None. Revenue By Shri S P Walimbe – Dr Date Of Hearing 13/06/2022 Date Of Pronouncement 18/07/2022 आदेश/ Order Per Dr.Dipak P.Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income-Tax(Appeals), Pune-10’S, Order Dated 06.11.2019For The Assessment Year 2008-09, Involving Proceedings Under Section 271(1)(C)Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Assessing Officer Erred In Levying The Penalty Of Rs.2,02,600/- By Passing Order U/S 271(1)(C) By Disregarding The Appellants Contention.”

depreciation Rs.1,47,527/- The AO levied Penalty u/s 271(1)(c) of the Act vide order dated 30/06/2011 for the impugned

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -2 (1),, PUNE vs. M/S. ISMT LTD,, PUNE

In the result, the appeal of Revenue is dismissed

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

depreciation claimed would be disallowed. For which the AO initiated penalty proceedings u/s. 271(1)(c) of the Act. The CIT(A) by placing

ALPHA FOAM LIMITED,,PUNE vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE -8,, PUNE

Appeal is allowed

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No.1122/Pun/2019 िनधा"रणवष" / Assessment Year : 2010-11 Alpha Foam Limited, The Dcit, Circle-8, Pune. J-172, Midc, Bhosari, Vs Pune – 411026. . Pan: Aacca 4196 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Nikhil S Pathak – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 07/09/2022 Date Of Pronouncement 16/11/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2010-11 Is Directed Against The Commissioner Of Income Tax(Appeal)-6, Pune’S In Case No.Pn/Cit(A)-6/10040/2018-19 Dated 12.06.2019, In Proceedings U/S.271(1)(C) Of The Income Tax Act, 1961 [In Short “The Act”]. Heard Both The Parties. Case File Perused.

penalty amounting to Rs.3,41,940/- imposed by the Assessing Officer in his order dated 30.03.2018 regarding four folded disallowances of depreciation

SMT. KUMUDINI V. GAVIT,,NANDURBAR vs. INCOME-TAX OFFICER, WARD - 4,, DHULE

In the result, appeal of the assessee is allowed

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.1912/Pun/2017 नििाारण वषा / Assessment Year : 2013-14

penalty on the following additions made by the A.O. in the asst.- a. Disallowance of repairs and collection charges- Rs.16,472/- b. Disallowance of depreciation

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. GHODAWAT ENERGY (I) PVT. LTD.,, KOLHAPUR

In the result, the appeal of Revenue is allowed for statistical purpose

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

depreciation to Rs.34,79,380/-. The Assessing Officer vide order dated 24-03-2014 levied penalty of Rs.12,73,191/- u/s. 271(1)(c) in respect

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. SHEETAL K TEJWANI,, PUNE

In the result, the appeal of the Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.2165/Pun/2017 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2013-14 वष"

depreciation and eventually assessed the income of the assessee at Rs.34,47,070/-. AO initiated penalty proceedings u/s.271(1)(c) of the Act for furnishing

SILVER OAK BUILDCON PVT. LTD.,PUNE vs. ACIT-6, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

penalty levied u/s 270A of the Act, inter alia, by observing as under: “6.1 On the given facts, I find that this is clearly a case of inadvertent mistake on part of the appellant, in as much as an incorrect figure for opening WDV of block of assets has been adopted for the purpose of computing the admissible depreciation

EAGLE FLASK INDUSTRIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal is allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.474 & 2000/Pun/2017 िनधा"रण वष" / Assessment Year : 2004-05

penalty has been imposed with reference to disallowance u/s.43B; provisions made for unpaid octroi duty; excess depreciation; disallowance of advertisement

EAGLE FLASK INDUSTRIES PVT. LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

In the result, the appeal is allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos.474 & 2000/Pun/2017 िनधा"रण वष" / Assessment Year : 2004-05

penalty has been imposed with reference to disallowance u/s.43B; provisions made for unpaid octroi duty; excess depreciation; disallowance of advertisement

CYZA CHEM PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (1),, PUNE

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

depreciation loss) to the tune of Rs.1024521/- was disallowed and added back in the income of assessee. Penalty proceedings u/s 271(1)(c) is initiated

ITO, WARD-2(2), PUNE, PUNE vs. ANNAPURNA MAHILA CO-OP CREDIT SOCIETY LIMITED, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

depreciation claimed of Rs. 1,31,84,194/- treated as unexplained expenditure u/s 69C read with section 115BBE. Further penalty

MUKTESH PRIVATE LIMITED (FORMERLY KNOWN AS MUKTESH CHEMICALS PRIVATE LIMITED),PUNE vs. ITO, WARD-11(1),, PUNE

In the result, the appeal is allowed for statistical purposes

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.2032/Pun/2019 िनधा"रणवष" / Assessment Year : 2008-09 Muktesh Private Limited, The Ito, Ward-11(1), (Formerly Known As Muktesh Vs Pune. Chemicals Pvt. Ltd.,), Sarvatra Housing Society, Paud Road, Pune – 411 029. P_An : Aabcm 1922 F Appellant/ Assessee Respondent /Revenue Assessee By Shri Saurabh Bora – Ar Revenue By Shri S.P. Walimbe - Dr Date Of Hearing 09/06/2022 Date Of Pronouncement 06/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-9, Pune For The A.Y. 2008-09 Dated 15.10.2019. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Company & Engaged In The Manufacturing Of Dna Chemicals. However, It Discontinued The Business & The Sheds Were Given On Rent. The Assessee Filed Its Return Of Income On 29.09.2008 Declaring Rs.Nil Income & Claimed Business Loss & Depreciation Loss Of Rs.4,77,246/-. The Case Was Selected For Scrutiny. The Assessee Shown Rental Income Of Rs.4,77,246/- & Claimed Set Off Against The

depreciation loss. Eventually, the AO, in the assessment completed u/s.143(3) treated the same as income from house property and levied penalty

MANAV PACKAGING INDUSTRIES PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 11(1),, PUNE

In the result, the appeal of assessee in ITA No

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

depreciation on Plant & Machinery and under Sec.43B of the Act etc. under sec.143 rws 147 of the Act. The Assessing Officer initiated penalty

MANAV PACKAGING INDUSTRIES PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 11(1),, PUNE

In the result, the appeal of assessee in ITA No

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

depreciation on Plant & Machinery and under Sec.43B of the Act etc. under sec.143 rws 147 of the Act. The Assessing Officer initiated penalty

MANAV PACKAGING INDUSTRIES PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 11(1),, PUNE

In the result, the appeal of assessee in ITA No

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

depreciation on Plant & Machinery and under Sec.43B of the Act etc. under sec.143 rws 147 of the Act. The Assessing Officer initiated penalty

ASSISTANT OINT COMMISSIONER OF INCOME-TAX vs. PYC HINDU GYMKHANA,, PUNE

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

Bench: Shri "याियक सद"य के सम" D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No.179/Pun/2015 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2010-11 िनधा"रण वष" िनधा"रण वष"

depreciation on such expenditure does not arise as it amounts double deduction in respect of the same expenditure. Accordingly, the net profit of Rs.1,22,57,038/- ( Rs.3,83,02,928/- (-) Rs.2,60,45,890/-) is added back to the total income of the assessee. The penalty