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

275(1)(c) are applicable to the facts of the case which read as under: "Section-275-Bar of limitation for imposing penalties. (1) No order imposing a penalty under this Chapter shall be passed- (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the Joint Commissioner (Appeals

MS IMSOFER MANUFACTURING INDIA PRIVATE LIMITED (NOW KNOWN AS FERRERO INDIA PRIVATE LIMITED),PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)– PUNE AND NATIONAL FACELESS ASSESSMENT CENTRE, DELHI, PUNE AND NFAC (DELHI)

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1316/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 M/S. Imsofer Manufacturing Vs. Dcit, Circle-1(1), Pune. India Private Limited (Now Known As Ferrero India Private Limited), World Trade Center, 8Th Floor, Tower-3, Kharadi- 411014. Pan : Aabci6450N Appellant Respondent Assessee By : Shri Siddhesh Chaugule & Nagma Gupta Revenue By Shri Amol Khairnar : Date Of Hearing : 18.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “General Grounds: 1. On The Facts & Circumstances Of The Case & In Law, The Hon. Cit(A) Has Erred In Passing Order Under Section 250 Of The Act I.E. Levying Penalty Of Inr 3,55,82,949/-. Legal Grounds:

275(1)(A), learned AO be directed to impose penalty based on the order of the Hon'ble ITAT in the quantum appeal of the Appellant. 3. On the facts and circumstances of the case and in law, the Hon. CIT(A) has erred in ignoring that there is absence of essential element for levy of penalty under section

M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

disallowance of INR 4,50,70,798 under u/s 14A of the Act r.w rule 8D(2)(ii) be deleted. Ground 10: Additional relief under section 90 On the facts and circumstances of the case, and in law, the AU based on the directions of Ld. DRP erred in disregarding Appellant’s claim for additional relief under section

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

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ATUL OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

disallowance of capital gain u/s 10(38) of the Act and Rs.3,20,614/- on account of unexplained expenditure u/s 69C of the Act. 8. Before the Ld. CIT(A) the assessee apart from challenging the addition on merit, challenged the validity of reopening of assessment u/s 147 of the Act on the ground that in absence of any tangible

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ATUL OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

disallowance of capital gain u/s 10(38) of the Act and Rs.3,20,614/- on account of unexplained expenditure u/s 69C of the Act. 8. Before the Ld. CIT(A) the assessee apart from challenging the addition on merit, challenged the validity of reopening of assessment u/s 147 of the Act on the ground that in absence of any tangible

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

disallowance of capital gain u/s 10(38) of the Act and Rs.3,20,614/- on account of unexplained expenditure u/s 69C of the Act. 8. Before the Ld. CIT(A) the assessee apart from challenging the addition on merit, challenged the validity of reopening of assessment u/s 147 of the Act on the ground that in absence of any tangible

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

disallowance of capital gain u/s 10(38) of the Act and Rs.3,20,614/- on account of unexplained expenditure u/s 69C of the Act. 8. Before the Ld. CIT(A) the assessee apart from challenging the addition on merit, challenged the validity of reopening of assessment u/s 147 of the Act on the ground that in absence of any tangible

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

disallowance of capital gain u/s 10(38) of the Act and Rs.3,20,614/- on account of unexplained expenditure u/s 69C of the Act. 8. Before the Ld. CIT(A) the assessee apart from challenging the addition on merit, challenged the validity of reopening of assessment u/s 147 of the Act on the ground that in absence of any tangible

INCOME TAX OFFICER, WARD -1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

disallowance of capital gain u/s 10(38) of the Act and Rs.3,20,614/- on account of unexplained expenditure u/s 69C of the Act. 8. Before the Ld. CIT(A) the assessee apart from challenging the addition on merit, challenged the validity of reopening of assessment u/s 147 of the Act on the ground that in absence of any tangible

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ASHISH OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

disallowance of capital gain u/s 10(38) of the Act and Rs.3,20,614/- on account of unexplained expenditure u/s 69C of the Act. 8. Before the Ld. CIT(A) the assessee apart from challenging the addition on merit, challenged the validity of reopening of assessment u/s 147 of the Act on the ground that in absence of any tangible

SANGLI DIVISION TELECOM WORKERS COOP CREDIT SOCIETY LTD. SANGLI,SANGLI vs. ITO, WARD-1, SANGLI, SANGLI

Bench: Shri Satbeer Singh Godara

disallowance of deduction(s) u/sec.80P of Rs.38,49,265/- and Rs.32,45,203/- made by Assessing Officer in the assessment order(s) dated 12.03.2021 and 2 ITA.Nos.275 &276/PUN./2024 13.09.2022, for assessment years 2018-2019 and 2020-2021, respectively, representing interest income from the investments made in co-operative/other bank(s). The same is found

SANGALI DIVISION TELECOM WORKERS COOP CREDIT SOCIETY LTD.,SANGLI vs. ITO, WARD 1, SANGLI, SANGLI

Bench: Shri Satbeer Singh Godara

disallowance of deduction(s) u/sec.80P of Rs.38,49,265/- and Rs.32,45,203/- made by Assessing Officer in the assessment order(s) dated 12.03.2021 and 2 ITA.Nos.275 &276/PUN./2024 13.09.2022, for assessment years 2018-2019 and 2020-2021, respectively, representing interest income from the investments made in co-operative/other bank(s). The same is found

INCOME TAX OFFICER,WARD-7(1), PUNE, PUNE vs. HEMANT BAGAREDDY MOTADOO, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2013-14

disallowed further amount of Rs.1,15,275/-. 4. The Assessing Officer similarly made addition of Rs.26,38,500/- by invoking the provisions of section

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

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

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks

SHRI GANESH RAMCHANDRA MORE,PANVEL vs. ITO, WARD-9(3), PUNE, PUNE

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

disallowing the benefit of Cost of Acquisition/Indexed Cost of Acquisition for determining the income from capital gains ignoring and without appreciating the facts that for computation of capital gains within the provisions of section 45 to 48 of the I T Act, 1961, the appellant was entitled to get the benefit of Cost of Acquisition/Indexed Cost of Acquisition for this

ASSISTANT COMMISSIONER OF INCOMETAX, EXEMPTIONS, CIRCLE,PUNE, PUNE vs. SHREE WARANA VIBHAG SHIKSHAN MANDAL , WARNANAGAR

In the result, the appeal of Revenue is treated as allowed for statistical purposes

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

section 144 cannot be arbitrary. It has to be reasonable and wellinformed. An adhoc disallowance of expenses is not justified even 5 ITA No.987/PUN/2024, AY 2017-18 under a best judgment assessment. Such a disallowance is a spiteful act and not a fair assessment of income. Therefore disallowance of Rs.8,74,57,590, being ad hoc disallowance

THE MALEGAON SAHAKARI SAKHAR KARKHANA LTD,,PUNE vs. INCOME-TAX OFFICER, HQ-(6) (1),, PUNE

In the result, the appeal is partly allowed for statistical

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपील सं. / Ita No.68/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14 The Malegaon Sahakari Sakhar Vs. Ito, Hq (6)(1) Karkhana Limited, Pune A/P. Shivnagar, Tal. Baramati, Dist. Pune – 413116 Pan : Aaatt2989L Appellant Respondent

section 40A(2) of the Act, as has been held by the Hon’ble Supreme Court supra. Needless to say, the assessee will be allowed a reasonable opportunity of hearing by the AO in such fresh determination of the issue. 7 The Malegaon SSK Ltd. 6. The second ground is against the confirmation of disallowance of Rs.1

CAPGEMINI TECHNOLOGY SERVICES INDIA LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

275/-. Applying the provisions of section 10AA(9) r.w.s.80IA(10), he held that the amount of deduction u/s.10AA was to be reduced to this extent. The ld. CIT(A) overturned the assessment order by relying on the orders passed for earlier years. 58. The provisions of section 10AA(9) r.w.s.80IA(10) can obviously be applied by the AO, but, before