ASSISTANT COMMISSIONER OF INCOME-TAX vs. MAHALAXMI INFRAPROJECTS LTD.,, KOLHAPUR

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

disallowance of claim of deduction under section 80IA(4) of the Act amounting to Rs.35,98,460/-. The CIT(A) noted that in 153A proceedings, additional income was offered and the same was allowed by the CIT(A) i.e. in respect of additional income offered during the course of search. Similar decision was taken by the CIT(A), Kolhapur

ASSISTANT COMMISSIONER OF INCOME-TAX vs. MAHALAXMI INFRAPROJECTS LTD.,, KOLHAPUR

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

disallowance of claim of deduction under section 80IA(4) of the Act amounting to Rs.35,98,460/-. The CIT(A) noted that in 153A proceedings, additional income was offered and the same was allowed by the CIT(A) i.e. in respect of additional income offered during the course of search. Similar decision was taken by the CIT(A), Kolhapur

ASSISTANT COMMISSIONER OF INCOME-TAX vs. MAHALAXMI INFRAPROJECTS LTD.,, KOLHAPUR

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

disallowance of claim of deduction under section 80IA(4) of the Act amounting to Rs.35,98,460/-. The CIT(A) noted that in 153A proceedings, additional income was offered and the same was allowed by the CIT(A) i.e. in respect of additional income offered during the course of search. Similar decision was taken by the CIT(A), Kolhapur

ASSISTANT COMMISSIONER OF INCOME-TAX vs. MAHALAXMI INFRAPROJECTS LTD.,, KOLHAPUR

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

disallowance of claim of deduction under section 80IA(4) of the Act amounting to Rs.35,98,460/-. The CIT(A) noted that in 153A proceedings, additional income was offered and the same was allowed by the CIT(A) i.e. in respect of additional income offered during the course of search. Similar decision was taken by the CIT(A), Kolhapur

POONA OBSTETRICS AND GYNAECOLOGICAL SOCIETY,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-CENTRAL, PUNE, PUNE

disallowed the benefit of the exemption for\ncommission provided to doctors engaged in private practice for referring\ntheir patients to the assessee's diagnostic centre, holding that:\n"It, thus, emerges that an assessee would not be entitled to\ndeduction of payments made in contravention of law. Similarly,\npayments which are opposed to public policy being in the nature

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

disallowed the same u/s 37 of the Act. Thus, the Assessing Officer computed the total income of the assessee at Rs.2,22,86,304/-. 6. Before the Ld. CIT(A) / NFAC the assessee submitted that the reasons for reopening were communited to the assessee after 11 months of issue of notice u/s 148 of the Act although the assessee

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

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

132 of the ITA, 1961 is given at Page 282 to 354 of the ITA, 1961.\nAll retraction affidavits are brushed aside and not considered in their\nproper perspective.\n3. 2. Premature act to cancel 12A when assessment proceedings are\nongoing\nThe learned PCIT, CC has assumed the jurisdiction for cancellation of\n12A registration of the appellant. It is submitted

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal assertions

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1176/Pun/2015 यििाारण वषा / Assessment Year : 2008-09

disallowance made under section 14A of the Act read with Rule 8D of the Rules at ₹ 2,47,716/-. The grounds of appeal raised by assessee are thus, allowed. 11. Now, coming to the appeal filed by Revenue, wherein the issue is against eligibility of claim of deduction under section 80IA(4) of the Act on Miscellaneous receipts