ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. GHATGE PATIL INDUSTRIES LTD.,, KOLHAPUR

In the result, all the 3 appeals of the assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita Nos.1281 To 1284/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Years: 2006-07 To 2009-10 िनधा"रण वष" िनधा"रण वष"

income to the extent the seized material was available and not otherwise. AO’s attempt to make the differential amounts of undisclosed strictly relying on the sworn statement of Mr. Kiran Patil, MD of the company is unsustainable considering the written submission of the assessee and the order of the Tribunal in the case of M/s. Avishkar Infrastructure

GHATGE PATIL INDUSTRIES LTD. vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the 3 appeals of the assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita Nos.1281 To 1284/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Years: 2006-07 To 2009-10 िनधा"रण वष" िनधा"रण वष"

income to the extent the seized material was available and not otherwise. AO’s attempt to make the differential amounts of undisclosed strictly relying on the sworn statement of Mr. Kiran Patil, MD of the company is unsustainable considering the written submission of the assessee and the order of the Tribunal in the case of M/s. Avishkar Infrastructure

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. GHATGE PATIL INDUSTRIES LTD.,, KOLHAPUR

In the result, all the 3 appeals of the assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita Nos.1281 To 1284/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Years: 2006-07 To 2009-10 िनधा"रण वष" िनधा"रण वष"

income to the extent the seized material was available and not otherwise. AO’s attempt to make the differential amounts of undisclosed strictly relying on the sworn statement of Mr. Kiran Patil, MD of the company is unsustainable considering the written submission of the assessee and the order of the Tribunal in the case of M/s. Avishkar Infrastructure

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. GHATGE PATIL INDUSTRIES LTD.,, KOLHAPUR

In the result, all the 3 appeals of the assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita Nos.1281 To 1284/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Years: 2006-07 To 2009-10 िनधा"रण वष" िनधा"रण वष"

income to the extent the seized material was available and not otherwise. AO’s attempt to make the differential amounts of undisclosed strictly relying on the sworn statement of Mr. Kiran Patil, MD of the company is unsustainable considering the written submission of the assessee and the order of the Tribunal in the case of M/s. Avishkar Infrastructure

GHATGE PATIL INDUSTRIES LTD. vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the 3 appeals of the assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita Nos.1281 To 1284/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Years: 2006-07 To 2009-10 िनधा"रण वष" िनधा"रण वष"

income to the extent the seized material was available and not otherwise. AO’s attempt to make the differential amounts of undisclosed strictly relying on the sworn statement of Mr. Kiran Patil, MD of the company is unsustainable considering the written submission of the assessee and the order of the Tribunal in the case of M/s. Avishkar Infrastructure

SHRI P.M. CHORDIA,JALNA vs. INCOME-TAX OFFICER,, AURANGABAD

In the result, appeal of the assessee for assessment year 2006-07

income from undisclosed sources and made an addition of Rs.16,283/-. The learned CIT(A) for the reasons given in Para No. 7 on page Nos. 12 and 13 of the impugned appellate order has restricted the addition to Rs.8,142/-. The appellant most respectfully submits that it is a well settled law that in assessment made in consequence

SHRI P.M. CHORDIA,JALNA vs. INCOME-TAX OFFICER,, AURANGABAD

In the result, appeal of the assessee for assessment year 2006-07

income from undisclosed sources and made an addition of Rs.16,283/-. The learned CIT(A) for the reasons given in Para No. 7 on page Nos. 12 and 13 of the impugned appellate order has restricted the addition to Rs.8,142/-. The appellant most respectfully submits that it is a well settled law that in assessment made in consequence

SHRI P.M. CHORDIA,JALNA vs. INCOME-TAX OFFICER,, AURANGABAD

In the result, appeal of the assessee for assessment year 2006-07

income from undisclosed sources and made an addition of Rs.16,283/-. The learned CIT(A) for the reasons given in Para No. 7 on page Nos. 12 and 13 of the impugned appellate order has restricted the addition to Rs.8,142/-. The appellant most respectfully submits that it is a well settled law that in assessment made in consequence

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

undisclosed income from the incriminating documents is by the way of issue of notice u/s 153C of the Act and not u/s 148 of the Act It is pertinent to mention no fresh information was collected by the Ld. AO or no information has come to the notice of Ld. AO in normal course, other than information collected

GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. COMMISSIONER OF INCOME-TAX (APPEALS) -1,,

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

undisclosed expenditure on revenue account, the case of the Revenue is that the said unaccounted expenditure of Rs.48,59,292/-, the same cannot be considered as an allowable business expenditure in view of the provisions of proviso to section 37(1) of the Act. In this regard, we perused the break-up of details furnished before us and, as discussed

DY. CIT, CIRCLE 1(2), PUNE vs. GERA DEVELOPMENT PVT. LTD.,, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

undisclosed expenditure on revenue account, the case of the Revenue is that the said unaccounted expenditure of Rs.48,59,292/-, the same cannot be considered as an allowable business expenditure in view of the provisions of proviso to section 37(1) of the Act. In this regard, we perused the break-up of details furnished before us and, as discussed

GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. ASST. CIT, CIRCLE 1(2), PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

undisclosed expenditure on revenue account, the case of the Revenue is that the said unaccounted expenditure of Rs.48,59,292/-, the same cannot be considered as an allowable business expenditure in view of the provisions of proviso to section 37(1) of the Act. In this regard, we perused the break-up of details furnished before us and, as discussed

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)

undisclosed income, it is precisely for this reason that new claim of deduction or allowance cannot be made in the completed assessments. section 153A is not de novo assessment; therefore, there is no merit in the ground to make a new claim of deduction or allowance during assessment/reassessment under section 153A as such where admittedly the regular assessments are shown

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)

undisclosed income, it is precisely for this reason that new claim of deduction or allowance cannot be made in the completed assessments. section 153A is not de novo assessment; therefore, there is no merit in the ground to make a new claim of deduction or allowance during assessment/reassessment under section 153A as such where admittedly the regular assessments are shown

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)

undisclosed income, it is precisely for this reason that new claim of deduction or allowance cannot be made in the completed assessments. section 153A is not de novo assessment; therefore, there is no merit in the ground to make a new claim of deduction or allowance during assessment/reassessment under section 153A as such where admittedly the regular assessments are shown

INCOME TAX OFFICER, PUNE vs. SAGAR CONSTRUCTION COMPANY, PUNE

In the result, the appeal filed by the Revenue is dismissed and the CO filed by the assessee is allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

undisclosed income, notwithstanding that returns for these years have already been processed u/s 143(1)(a) of the Act. 28. So far as the decision relied on by the Ld. Counsel for the assessee in the case of Sejal Jewellery & Anr. Vs. Union of India & Ors (supra), he submitted that the said decision is distinguishable and not applicable

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

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

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

undisclosed income should be taxed at special rates provided u/s 115BBE of the Act. 24. In the present case, since the nature of additional income is not clearly explained during the survey nor during assessment proceedings and the appellant has not demonstrated that the said income is flowing from business, with the help of supporting evidences, therefore, the action

DCIT CIRCLE 7, BODHI TOWER SALISBURY PARK vs. L B KUNJIR, PUNE

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

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

undisclosed income should be taxed at special rates provided u/s 115BBE of the Act. 24. In the present case, since the nature of additional income is not clearly explained during the survey nor during assessment proceedings and the appellant has not demonstrated that the said income is flowing from business, with the help of supporting evidences, therefore, the action