DCIT, CC-2(1), PUNE, PUNE vs. VINOD RAMCHANDRA JADHAV, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2010-11 Dcit, Vinod Ramchandra Jadhav Central Circle 2(1), Vs. Plot No.42-44, Green Park Society, Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessment Year : 2010-11 Vinod Ramchandra Jadhav Dcit, Plot No.42-44, Green Park Society, Vs. Central Circle 2(1), Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Ajay Kumar Keshari – Cit & Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 23-01-2025 Date Of Pronouncement : 21-04-2025 O R D E R

246 or section 246A, and the Joint Commissioner (Appeals) or the Commissioner (Appeals) passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated

VINOD RAMCHANDRA JADHAV,PUNE vs. DCIT, CC-2(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2010-11 Dcit, Vinod Ramchandra Jadhav Central Circle 2(1), Vs. Plot No.42-44, Green Park Society, Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessment Year : 2010-11 Vinod Ramchandra Jadhav Dcit, Plot No.42-44, Green Park Society, Vs. Central Circle 2(1), Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Ajay Kumar Keshari – Cit & Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 23-01-2025 Date Of Pronouncement : 21-04-2025 O R D E R

246 or section 246A, and the Joint Commissioner (Appeals) or the Commissioner (Appeals) passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated

SETH RAMDAS NATHUBHAI DHARMADAYA VISHWASTA NIDHI,,PUNE vs. INCOME-TAX OFFICER,(EXEMPTIONS) -1,, PUNE

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury"नधा"रण वष" / Assessment Year : 2011-12 Seth Ramdas Nathubhai Dharmadaya Vs. Ito Vishwasta Nidhi, (Exemptions)-1, C/O. Shah Khandelwal Jain & Pune Associates, Chartered Accountants, Level 3, Business Bay, Plot No.84, Wellesley Road, Near Rto, Pune 411 001 Pan : Aaatr6805N Appellant Respondent

246 ITR 164 (Mad) It was held by the Hon’ble High Court that the payments made to interested persons u/s. 13(3) of the Act would attract violation of Section 13(l)(c ) / 13(3) / 13(2) and the assessee is not eligible for exemption u/s. 11 4. Agappa Child Centre

ARISTON GROUP INDIA PRIVATE LIMITED,PUNE vs. THE ASSESSEMENT UNIT, INCOME TAX DEPARTMENT, NFAC AND THE DCIT, CIRCLE 1(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri R.K.Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1680/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Ariston Group India Private The Assessment Unit, Limited, Income Tax Department, 1St Floor, Office No.103, V National Faceless Mayfai Tower, Wakdewadi, S. Assessment Centre, Shivaji Nagar, Pune-411005. Delhi(“Nfac”), The Dcit, Circle-1(1), Pune. Pan: Aaoca7042D Appellant/ Assessee Respondent / Revenue Assessee By Shri Ketan Ved – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 15/01/2025 Date Of Pronouncement 09/04/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143(3) R.W.S 144C(3) Read With Section 144B Of The Income Tax Act, 1961, Dated 18.06.2024 For A.Y.2020- 21. The Assessee Has Raised The Following Grounds Of Appeal : “Based On The Facts & Circumstances Of The Case, Ariston Group India Private Limited (Hereinafter Referred To As "Ariston India' Or 'The Appellant) Prefers An Appeal For The Assessment Year 2020-21 Against

section 37 of ITA No.1680/PUN/2024 [A] the Act. Further, accrual of benefit to assessee or the commercial expediency of any expenditure incurred by the assessee cannot be the basis for disallowing the same, as held by Hon’ble Delhi High Court in the case of EKL Appliances Ltd. [2012] 345 ITR 241 (Del.). 24. We further find that

RAMESH GARWARE CHARITY TRUST,PUNE vs. EXEMPTION WARD 1(1), PUNE

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

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.776/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Ramesh Garware Charitable V The Exemption Ward- Trust, S. 1(1), Pune. P B Box 3, Ramesh Garware Farm, Nda Road, Khadakwasla, Pune – 411023. Maharashtra. Pan: Aaatr6365D Appellant/ Assessee Respondent / Revenue Assessee By Shri Dalpat Shah – Ar(Virtual) Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 23/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Addl./Joint Commissioner Of Income Tax[Jcit(A)], Thiruvanantpura Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2018-19 Dated 14.08.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Disallowance of Deduction U/sec 11(2) of Rs.74,49,246/- On the facts and circumstances of the case, the said CIT(Appeals) erred in not allowing deduction claimed of accumulation of Rs. 74,49,246/- under section

INDUS BIOTECH LIMITED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is partly allowed for statistical\npurposes

section\n115P of the Act.\nThe Appellant craves leave to add, alter, amend, substitute or withdraw all or any\nof the Grounds of Appeal herein and to submit such statements, documents and\npapers as may be considered necessary either at or before the appeal hearing so\nas to enable the Hon'ble Tribunal members to decide these according

BANSILAL RAMNATH AGARWAL CHARITABLE TRUST,PUNE vs. CIT (EXEMPTION), PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21 Bansilal Ramnath Agarwal Charitable Trust Cit (Exemption), 251, Budhwar Peth, City Post Chowk, Vs. Pune Pune – 411002 Pan: Aaatb4383K (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 11-12-2025 Date Of Pronouncement : 28-01-2026 O R D E R Per R.K. Panda, V.P:

246 ITR 452 (Guj] wherein the Hon’ble High Court has held that when the transactions between a charitable trust and its related concerns are excessive and lack commercial prudence, the trust forfeits exemption under Section 11. He further noted that in the case of M/s Agrabh also 100% of the revenue is received from the assessee only. Since

SHREENATH MHASKOBA SAKHAR KARKHANA LTD,PUNE vs. DCIT, CIRCLE-5, PUNE, PUNE

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.305/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Shreenath Mhaskoba Sakhar Vs. Dcit, Circle-5, Pune. Karkhana Ltd., Survey No.12/2, 2Nd Floor, Meghdoot Building, Behind Bharat Petroleum Pump, Hadpasar, Pune- 411028. Pan : Aahcs3018G Appellant Respondent Assessee By : Shri B.D. Bhide Revenue By : Shri A. D. Kulkarni Date Of Hearing : 02.04.2025 Date Of Pronouncement : 30.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.12.2024 Passed By Ld. Addl/Jcit(A)-7, Kolkata [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “Being Aggrieved By An Order Passed U/Sec.250 By The Ld. Cit(A)- Nfac, Delhi (Hereinafter Referred For Short As The Ld. Cit(A)) Your

disallowed belated payment of employees provident fund in respect of payment of Rs.2,99,286/- and of Rs.3,41,163/-. However, out of these two payments an amount of Rs.3,41,163/- was due on 15th August 2018 and being Independence Day it was holiday therefore the payment of Rs.3,41,163/- was made on 16th August

VARDHAMAN VASUNDHARA FAMILY TRUST,PUNE vs. ITO, WARD 7(1), PUNE, PUNE

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

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.741/Pun/2025 धििाारण वर्ा / Assessment Year : 2022-23 Vardhaman Vasundhara Family Trust, Income Tax Officer, S. No. 1A, F-1, Irani Market Compound, Ward – 7(1), Pune Yerwada, Pune-411006 Vs. Pan : Aactv6457E अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri C.H. Naniwadekar Department By : Shri Akhilesh Srivastva Date Of Hearing : 25-06-2025 Date Of 27-06-2025 Pronouncement :

disallowance: “1. In the facts and circumstances of the case and law, the CPC erred in making adjustment of Rs.52,20,899/- to the total income without issuing a notice/intimation as required by the first proviso to clause (a) of section 143(1). 2. In the facts and circumstance of the case and in law, the CPC erred

AMEETSINGH AJITSINGH RAJPAL,PUNE vs. DCIT CIRCLE-5, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1705/Pun/2025 िनधा"रण वष" / Assessment Year : 2011-12 Ameetsingh Ajitsingh Rajpal, Vs. Dcit, Circle-5, Pune. 479, Eden Villa, Rasta Peth, Kasba Peth, Pune- 411011. Pan : Aaqpr3148E Appellant Respondent Assessee By : Shri Suhas Bora & Riya Oswal Revenue By : Smt. N. C. Shilpa Date Of Hearing : 20.11.2025 Date Of Pronouncement : 25.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.05.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2011-12. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Ld. Cit(A) Has Erred In Upholding The Disallowance Of Deduction Claimed Under Section 54F Of The Income-Tax Act, 1961 Amounting To Rs. 92,85,214/-Solely On The Ground That The Reinvestment Was Not Made In A Residential House.

Section 54F does not restrict exemption merely because the property is situated in an agricultural zone, nor does it exclude a farmhouse from the ambit of a residential house. 6. The disallowance so sustained is contrary to the settled principles of interpretation of beneficial provisions under Chapter IV of the Income-tax Act and deserves to be deleted

T AND T INFRA LIMITED,PUNE vs. ASST.COMMISSIONER OF INCOME-TAX, CIRCLE-7, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2016-17 T & T Infra Limited Acit, Circle – 7, Pune A-1, Vishnu Vihar, Bibwewadi Vs. Kondhwa Road, Market Yard, Pune – 411037 Pan: Aaect3902H (Appellant) (Respondent) Assessee By : Shri Tarun Ghia Department By : S/Shri Ajay Kumar Keshari & Sourabh Nayak Date Of Hearing : 10-07-2024 Date Of Pronouncement : 01-10-2024 O R D E R Per Astha Chandra, Jm :

disallowed on the ground that the assessee had not claimed the same in the return of income and the same was claimed only during assessment proceedings. There was no discussion on merit. However, for the impugned assessment year, the assessee has claimed in the return of income. Therefore, the assessee is entitled to deduction u/s 80IA(4). 18. He submitted

DY COMMISSIONER OF INCOME TAX, KARAD SATARA vs. THE KARAD JANATA SAHAKARI BANK LTD, KARAD SATARA

In the result, the appeal of the Revenue is dismissed

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

section 143(3) proceedings the AO disallowed excess expenditure of Rs 2,08,09,305/- claimed u/s 36(i)(viia) of the IT Act for which provision was not made in the books of account . The disallowance of expenditure was confirmed by CIT(A) as well as by this Tribunal . On the basis of this disallowance the then AO proceeded

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)

disallowance u/s 14A of the Act. 9. As regards to the issue of raising fresh claim of deduction in the return filed us 153A of the Act, the appellant has relied on the decision of Hon'ble ITAT Mumbal in the case of DCIT Vs. Eversmile Construction Co. Pvt Ltd (ITA No.4238/MUM/2010) dated 30/8/2011, wherein it was held that there

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)

disallowance u/s 14A of the Act. 9. As regards to the issue of raising fresh claim of deduction in the return filed us 153A of the Act, the appellant has relied on the decision of Hon'ble ITAT Mumbal in the case of DCIT Vs. Eversmile Construction Co. Pvt Ltd (ITA No.4238/MUM/2010) dated 30/8/2011, wherein it was held that there

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)

disallowance u/s 14A of the Act. 9. As regards to the issue of raising fresh claim of deduction in the return filed us 153A of the Act, the appellant has relied on the decision of Hon'ble ITAT Mumbal in the case of DCIT Vs. Eversmile Construction Co. Pvt Ltd (ITA No.4238/MUM/2010) dated 30/8/2011, wherein it was held that there

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. IAC INTERNATIONAL AUTOMOTIVE INDIA PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

section 37 of the Act. Further, accrual of benefit to assessee or the commercial expediency of any expenditure incurred by the assessee cannot be the basis for disallowing the same, as held by Hon'ble Delhi High Court in the case of EKL Appliances Ltd. (2012) 345 ITR 241 (Del.). 24. We further find that Hon'ble jurisdictional High Court

INCOME-TAX OFFICER, WARD - 1,, SATARA vs. KARAD JANATA SAHAKARI BANK LTD,, SATARA

In the result, the appeal filed by the Revenue stands dismissed

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.2600/Pun/2017 िनधा"रण वष" / Assessment Year: 2009-10 Ito, Ward- 1, Vs. Karad Janata Sahakari Bank Satara. Ltd., A/P. 100/101, Shivaji Nagar, Karad, Tal. Karad, Dist. Satara-415110. Pan : Aaaat7863R Appellant Respondent Revenue By : Shri M. G. Jasnani Assessee By Smt. Deepa Khare : Date Of Hearing : 18.01.2022 Date Of Pronouncement : 18.01.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 4, Pune [‘Cit(A)’ For Short] Dated 08.05.2017 For The Assessment Year 2009-10. 2. The Revenue Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. C I T (A) Has Erred In Deleting The Penalty Of Rs. 59,00,884/- Levied U/S. 271(1)(C) Of The Act Holding That The Ao Was Not Able To Prove That Is A Fit Case For Imposition Of Penalty Either Under The Main Part Of Section U/S. 271(1)(C) Or Under The Deeming Provisions Of Explanation 1 To Section 271(1)(C) Of The Act.

section 14A were inserted by finance Act, 2001 w. e .f. 01/04/1962, whereas in extant case disallowance relates to wrongful deduction claim which was confirmed by the Hon’ble ITAT. 4. For these and such other grounds as may be urged at the time of hearing, the order of the ld.CIT(A) may be vacated and that of the Assessing

OSWAL BANDHU SAMAJ,,PUNE vs. INCOME-TAX OFFICER, (EXEMPTIONS) -1,, PUNE

Appeal is allowed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपील सं. / Ita No.837/Pun/2018 धनधाारण वषा / Assessment Year : 2012-13 Oswal Bandhu Samaj, C/O. Shah Khandelwal Jain & Associates, Chartered Accountants, Level 3, Business Bay, Plot No.84, Wellesley Road, Near Rto, Pune – 411 001 ......अपीलाथी / Appellant Pan : Aaato0138K

disallowed exemption u/s. 11 (1)(d) of the Act. It further be held that the reasons assigned by the AO and the first appellate authority for taking such view are unjustified, unwarranted and not in accordance with the facts and provisions of law in the case. The addition made by the AO and confirmed by the first Appellate Authority

BAJAJ HOUSING FINANCE LIMITED,PUNE vs. ITO, WARD-8(1), PUNE, PUNE

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

Bench: Dr.Manish Borad

disallowance of deduction u/s 32AC of the Act, the ld AO initiated penalty proceedings u/s 270A of the Act on the ground that the assessee had underreported or misreported its income to the extent of Rs. 191,28,37,659/- (Rs. 2,25,03,97,246 – Rs. 33,75,59,587). 5. The return of income filed by the assessee