MAHESH GOKULDAS FULWANI,AURANGABAD vs. ITO WARD 1(1) AURANGABAD, AURANGABAD

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 Mahesh Gokuldas Fulwani Ito, Ward 1(1), Mahesh Traders C O Girls Fashion, Aurangabad Vs. 2/7/63, Tilak Path, Paithan Gate, Aurangabad- 431001 Pan: Aajpf4456C (Appellant) (Respondent) Assessee By : Shri Girish Ladda Department By : Shri Ramnath P Murkunde Date Of Hearing : 28-07-2025 Date Of Pronouncement : 30-07-2025 O R D E R

151, the competent authority for granting the approval for issue of notice u/s 148 of the Act is the Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General. Since the approval in the instant case has been granted by the PCIT instead of any of the above authorities, therefore, such approval being not in accordance with

DCIT CIRCLE 1 NASHIK, NASHIK vs. SHREE SAI PROPERTIES, NASHIK

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

depreciation allowance or any other allowance or deduction for such assessment year and for which a prior notice under Section 148 would be required to be issued. Section 147 does not contemplate an eventuality which Section 153A or Section 153C contemplates, the basis of which is inter alia a search action under Section 132 being resorted as noted hereinabove. Thus

M/S KARIA BUILDERS ,PUNE vs. ITO WARD 14(3), PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 M/S. Karia Builders Ito, Ward 14(3), Pune 402, Konark Indrayu, Kondhwa, Vs. Pune – 411048 Pan: Aadfk5220B (Appellant) (Respondent) Assessee By : Shri Sanket M Joshi Department By : Shri Ramnath P Murkunde Date Of Hearing : 17-07-2025 Date Of Pronouncement : 23-07-2025 O R D E R

151 of the Act from the PCIT-4, Pune. He submitted that since the present notice u/s 148 of the Act was issued after a lapse of three years from the end of the assessment year 2017-18, therefore, the competent authority for granting approval is the Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned thereafter in this section and in section 148 to 153 referred to as the relevant assessment year. Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant 9 Gopal Extrusions Pvt. Ltd. assessment

RAJDEEP BUILDCON PRIVAT LIMITED, AHMEDNAGAR,AHMEDNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), PUNE, PUNE

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

151 and 153. Under section 1534(1), the Assessing Officer is empowered to issue notices to the assexsee searched for a period of six years in order to assess the income on the basis of material found during the course of search. The second proviso to section 153A(1) provides that the assessment or reassessment, if any, relating

RAJDEEP BUILDCON PVT LTD, AHMEDNAGAR,AHMEDNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), PUNE, PUNE

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

151 and 153. Under section 1534(1), the Assessing Officer is empowered to issue notices to the assexsee searched for a period of six years in order to assess the income on the basis of material found during the course of search. The second proviso to section 153A(1) provides that the assessment or reassessment, if any, relating

RAJDEEP BUILDCOM PRIVATE LIMITED,AHMEDNAGAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(2), PUNE, PUNE

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

151 and 153. Under section 1534(1), the Assessing Officer is empowered to issue notices to the assexsee searched for a period of six years in order to assess the income on the basis of material found during the course of search. The second proviso to section 153A(1) provides that the assessment or reassessment, if any, relating

DCIT, BANGALORE vs. M/S SUNGARD SOLUTIONS INDIA PVT. LTD.,, BANGALORE

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

151 ITD 402. He therefore submitted that assessee be allowed the claim of depreciation. Ld. D.R. on the other hand, supported the order of lower authorities. 5. We have heard the rival submissions and perused the material on record. The issue in the present ground is with respect to disallowance of depreciation on computer software

M/S SUNGARD SOLUTIONS (INDIA) PRIVATE LIMITED,PUNE vs. DCIT, BANGALORE

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

151 ITD 402. He therefore submitted that assessee be allowed the claim of depreciation. Ld. D.R. on the other hand, supported the order of lower authorities. 5. We have heard the rival submissions and perused the material on record. The issue in the present ground is with respect to disallowance of depreciation on computer software

SUNGARD SOLUTIONS (INDIA) P. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

151 ITD 402. He therefore submitted that assessee be allowed the claim of depreciation. Ld. D.R. on the other hand, supported the order of lower authorities. 5. We have heard the rival submissions and perused the material on record. The issue in the present ground is with respect to disallowance of depreciation on computer software

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. SUNGARD SOLUTIONS (I) PVT. LTD.,, PUNE

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

151 ITD 402. He therefore submitted that assessee be allowed the claim of depreciation. Ld. D.R. on the other hand, supported the order of lower authorities. 5. We have heard the rival submissions and perused the material on record. The issue in the present ground is with respect to disallowance of depreciation on computer software

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

151(2) r.w.s.149(1)(a) of the Income tax Act 1961.” 5. During the course of assessment proceedings the Assessing Officer noted that a search and survey operation u/s 132/133 of the Income Tax Act, 1961 was conducted on 16.05 2018 by the office of the DDIT (Inv.), Unit 3-(3), Delhi on Dutta and Tyagi group and during

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

151, reopening of assessment was justified -Held, yes [Paras 2 and 3] In the case Export Credit Guarantee Corporation of India Ltd. v Additional Commissioner of Income-tax* DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. WRIT PETITION NO. 502 OF 2012 JANUARY 10/11, 2013, HIGH COURT OF BOMBAY, [2013] 30 taxmann.com 211 (Bombay), it is observed and decision delivered

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.13 To 17/Pun/2024

151, reopening of assessment was justified -Held, yes [Paras 2 and 3] In the case Export Credit Guarantee Corporation of India Ltd. v Additional Commissioner of Income-tax* DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. WRIT PETITION NO. 502 OF 2012 JANUARY 10/11, 2013, HIGH COURT OF BOMBAY, [2013] 30 taxmann.com 211 (Bombay), it is observed and decision delivered

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

151, reopening of assessment was justified -Held, yes [Paras 2 and 3] In the case Export Credit Guarantee Corporation of India Ltd. v Additional Commissioner of Income-tax* DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. WRIT PETITION NO. 502 OF 2012 JANUARY 10/11, 2013, HIGH COURT OF BOMBAY, [2013] 30 taxmann.com 211 (Bombay), it is observed and decision delivered

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

151, reopening of assessment was justified -Held, yes [Paras 2 and 3] In the case Export Credit Guarantee Corporation of India Ltd. v Additional Commissioner of Income-tax* DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. WRIT PETITION NO. 502 OF 2012 JANUARY 10/11, 2013, HIGH COURT OF BOMBAY, [2013] 30 taxmann.com 211 (Bombay), it is observed and decision delivered

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

151, reopening of assessment was justified -Held, yes [Paras 2 and 3] In the case Export Credit Guarantee Corporation of India Ltd. v Additional Commissioner of Income-tax* DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. WRIT PETITION NO. 502 OF 2012 JANUARY 10/11, 2013, HIGH COURT OF BOMBAY, [2013] 30 taxmann.com 211 (Bombay), it is observed and decision delivered

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

depreciation is of Rs.31,61,21,110/-. It was submitted that the net profit earned on derivative transactions referred to in the notice u/s 148 of the Act has been properly accounted for in the Profit and Loss Account and there is no attempt to avoid income tax. It was accordingly requested to drop the proceedings initiated

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

depreciation is of Rs.31,61,21,110/-. It was submitted that the net profit earned on derivative transactions referred to in the notice u/s 148 of the Act has been properly accounted for in the Profit and Loss Account and there is no attempt to avoid income tax. It was accordingly requested to drop the proceedings initiated