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.

disallowing deduction u/s 80-IB(10) of the ITA, 1961 for receipts / revenue related to club-house facility amounting to Rs. 31,49,800/- on the reason that the said club-house facility was not mentioned in the last approved plan of the MIDORI housing project. The learned IT- Authorities ought to have appreciated that club-house was initially approved

SHREE GARUDA PLANT PRODUCTS LTD,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1 (2),, NASHIK

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.492/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Shree Garuda Plant Products The Income Tax Officer, Ltd., Vs Ward-1(2), Nashik. B-26, Additional Midc Area, Ambad, Nashik. Pan: Aaacg 0563 H Appellant/ Assessee Respondent / Revenue Assessee By Shri Nishint Gandhi – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 20/07/2022 Date Of Pronouncement 14/10/2022 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)-1, Nashik For The Assessment Year 2015-16, Dated 19.02.2019, Emanating Out Of Order Under Section 143(3) Of The Income Tax Act, 1961 Dated 26.12.2017. The Assessee Has Raised The Following Grounds Of Appeal: “1.In The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) - 1, Nashik ["The Cit (A)" For Short] Erred In Confirming The Order Of The Learned Income Tax Officer - 1 (2), Nashik, ["The Ao" For Short] Which Was Passed In Violation Of Principles Of Natural Justice Without Affording A Proper Opportunity Of Being Heard To The Appellant. 2. In The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming The Action Of The Ao In Invoking Section 14A R.W.R. 8D Of The Act, Whereby A Disallowance Of Rs.12,81,831/- Was Made In The Hands Of The Appellant.

disallowance u/s 14A is called for. Accordingly Ground No.2 of the Assessee is allowed. ITA No.492/PUN/2019 for A.Y. 2015-16 Shree Garuda Plant Products Ltd.[A] Ground Number 3 - Deemed dividend u/s 2(22)(e) : 3. As per the Assessment order, the assessee has received Loan of Rs.1,00,00,000/- from Trenton Investment Company Pvt Ltd and Rs.11

ISMT LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita Nos.2751 & 2752/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 Acit, Central Circle- 2(1), .......अपीलाथ" / Appellant Pune. बनाम / V/S. M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. ……""यथ" / Respondent Pan : Aaacj9917A आयकर अपील सं. / Ita Nos.2783 & 2784/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. .......अपीलाथ" / Appellant Pan : Aaacj9917A बनाम / V/S. Dcit, Central Circle- 2(1), ……""यथ" / Respondent Pune. Revenue By : Shri Deepak Garg Assessee By : Shri Rajan Vora Shri Rajendra Agiwal सुनवाई क" तारीख / Date Of Hearing : 29.10.2021 घोषणा क" तारीख / Date Of Pronouncement : 06.12.2021 आदेश / Order Per Inturi Rama Rao, Am: These Are The Cross Appeals Filed By The Revenue As Well As By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income

disallowance of expenses booked in the regular books of accounts as expenses or capitalized amounting to Rs. 12.37 crores.” 5. While filing the return of income in response to notice u/s 153A, the assessee-company had adhered to the disclosure made with regard to the pre-operative expenses of Rs.42.52 crores. As regards to the disclosure pertaining to the difference

ISMT LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita Nos.2751 & 2752/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 Acit, Central Circle- 2(1), .......अपीलाथ" / Appellant Pune. बनाम / V/S. M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. ……""यथ" / Respondent Pan : Aaacj9917A आयकर अपील सं. / Ita Nos.2783 & 2784/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. .......अपीलाथ" / Appellant Pan : Aaacj9917A बनाम / V/S. Dcit, Central Circle- 2(1), ……""यथ" / Respondent Pune. Revenue By : Shri Deepak Garg Assessee By : Shri Rajan Vora Shri Rajendra Agiwal सुनवाई क" तारीख / Date Of Hearing : 29.10.2021 घोषणा क" तारीख / Date Of Pronouncement : 06.12.2021 आदेश / Order Per Inturi Rama Rao, Am: These Are The Cross Appeals Filed By The Revenue As Well As By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income

disallowance of expenses booked in the regular books of accounts as expenses or capitalized amounting to Rs. 12.37 crores.” 5. While filing the return of income in response to notice u/s 153A, the assessee-company had adhered to the disclosure made with regard to the pre-operative expenses of Rs.42.52 crores. As regards to the disclosure pertaining to the difference

ASSISTANT COMMISSIONER OF INCOME TAX vs. M/S. ISMT LIMITED,, PUNE

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita Nos.2751 & 2752/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 Acit, Central Circle- 2(1), .......अपीलाथ" / Appellant Pune. बनाम / V/S. M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. ……""यथ" / Respondent Pan : Aaacj9917A आयकर अपील सं. / Ita Nos.2783 & 2784/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. .......अपीलाथ" / Appellant Pan : Aaacj9917A बनाम / V/S. Dcit, Central Circle- 2(1), ……""यथ" / Respondent Pune. Revenue By : Shri Deepak Garg Assessee By : Shri Rajan Vora Shri Rajendra Agiwal सुनवाई क" तारीख / Date Of Hearing : 29.10.2021 घोषणा क" तारीख / Date Of Pronouncement : 06.12.2021 आदेश / Order Per Inturi Rama Rao, Am: These Are The Cross Appeals Filed By The Revenue As Well As By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income

disallowance of expenses booked in the regular books of accounts as expenses or capitalized amounting to Rs. 12.37 crores.” 5. While filing the return of income in response to notice u/s 153A, the assessee-company had adhered to the disclosure made with regard to the pre-operative expenses of Rs.42.52 crores. As regards to the disclosure pertaining to the difference

ASSISTANT COMMISSIONER OF INCOME TAX vs. M/S. ISMT LIMITED,, PUNE

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita Nos.2751 & 2752/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 Acit, Central Circle- 2(1), .......अपीलाथ" / Appellant Pune. बनाम / V/S. M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. ……""यथ" / Respondent Pan : Aaacj9917A आयकर अपील सं. / Ita Nos.2783 & 2784/Pun/2016 िनधा"रण वष" / Assessment Years : 2011-12 & 2012-13 M/S. Ismt Limited, 2Nd Floor, Lunkad Towers, Viman Nagar, Pune-411014. .......अपीलाथ" / Appellant Pan : Aaacj9917A बनाम / V/S. Dcit, Central Circle- 2(1), ……""यथ" / Respondent Pune. Revenue By : Shri Deepak Garg Assessee By : Shri Rajan Vora Shri Rajendra Agiwal सुनवाई क" तारीख / Date Of Hearing : 29.10.2021 घोषणा क" तारीख / Date Of Pronouncement : 06.12.2021 आदेश / Order Per Inturi Rama Rao, Am: These Are The Cross Appeals Filed By The Revenue As Well As By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income

disallowance of expenses booked in the regular books of accounts as expenses or capitalized amounting to Rs. 12.37 crores.” 5. While filing the return of income in response to notice u/s 153A, the assessee-company had adhered to the disclosure made with regard to the pre-operative expenses of Rs.42.52 crores. As regards to the disclosure pertaining to the difference