ALNESH MOHAMADAKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

9 ITAT Ahmedabad vide ITA No.1083/Ahd/2024, order dated\n24.01.2025, he submitted that the deduction u/s 36(1)(iii) of the Act may be\nallowed.\n17.\nThe Ld. DR on the other hand heavily relied on the orders of the Assessing\nOfficer and the Ld. CIT(A).\n18.\nWe have heard the rival arguments made by both the sides, perused

ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

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

9. In the first decision cited before us by Mr. Mistry, the Hon'ble Supreme Court dealt with a case of the assesses who were brothers. They borrowed moneys for the purpose of making investment in shares of certain companies and during the assessment year 1965 1966 for which the relevant accounting year ended on 10th April 1965. Each

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

ASHOK NARAYAN BHOSALE,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.1501/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Ashok Narayan Bhosale, The Deputy Commissioner Of Ashok Narayan Bhosle Bunglow At Vs Income Tax, Kaveri Nagar, Pratham Housing Cirlce-8, Pune. Society, Wakad, Pune – 411057. Pan: Aaspb 3588 Q Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri S.P.Walimbe - Dr Date Of Hearing 10/03/2022 Date Of Pronouncement 14/03/2022

VI), Pune has erred as well as in facts while confirming the order of Ld.AO Circle 8, Pune making the addition of Rs.2,84,917/- under Rule 8D read with Sec. 14A in respect of dividend income being exempt u/s.10 since the assessee has invested the funds in shares and mutual funds out of surplus generated from business

SINDHUDURG ZILLA MADHYAMIK VA UCHHA MADHYAMIK SHIKSHAK VA SHIKSHKETAR KARMACHARI PATSANSTHA LTD,SINDHUDURGNAGARI KUDAL vs. INCOME TAX OFFICER KUDAL, KUDAL

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.968/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Sindhuurg Zilla Madhyamik Va The Income Tax Officer, Uchha Madhyamik Shikshak Va V Kudal. Shikshketar Karmachari S Patsanstha Ltd., Plot No.33, Sindhudurgnagari, Kudal Dist, Sindhudurg. Maharashtra – 416812. Pan: Aagas6518L Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri Sourabh Nayak, Irs – Jcit-Dr Date Of Hearing 22/02/2024 Date Of Pronouncement 15/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 30.08.2023 Emanating From Assessment Order Passed Under Section 144 R.W.S 144B Of The Act Dated 21.04.2021. The Assessee Has Raised The Following Grounds Of Appeal :

house property chargeable under section 22. 6.1 Section 80A(5) of the Act is reproduced here under : Deductions to be made in computing total income. 80A. (1) In computing the total income of an assessee, there shall be allowed from his gross total income, in accordance with and subject to the provisions of this Chapter, the deductions specified in sections

AIDS SOCIETY OF INDIA,MUMBAI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE

House, Tilak Road, Shukrawar Peth, Pune 411 002, Maharashtra PAN : AAATP1435C Vs. Pr.CIT (Central), Pune\nAppellant Respondent\nआयकर अपील सं. / ITA No.522/PUN/2023\n2. The Mumbai Obstetrics and Gynaecological Society, C-114, Ist Floor, D-wing Entrance, Trade World, Kamala City, Senapati Bapat Marg, Low Parel (W), Mumbai-400 013 Maharashtra PAN : AAATT4562C Vs. Pr.CIT (Central), Pune\nAppellant Respondent\nआयकर अपील

M/S KIRAN SANRAN ASSOCIATES,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

property as on the date of transfer, (b) the value so adopted or assessed or assessable by the stamp valuation authority under sub-section (1) has not been disputed in any appeal or revision or no reference has been made before any other authority, court or the High Court, the Assessing Officer may refer the valuation of the capital asset

SHASHIKANT SUKDEO AMBEKAR,10, SADGURUNAGAR , NASIK 422007, MAHARASHTRA , INDIA vs. INCOME TAX OFFICER ITO WARD 2(1),NASHIK/, KENDRIYA RAJASWA BHAVAN,GADKARI CHOWK,AGRA ROAD,NASHIK

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.364/Pun/2023 िनधा"रण वष" / Assessment Years : 2016-17 Shashikant Sukdeo Ambekar, The Income Tax Officer, 10, Sadgurunagar, Vs Ward-2(1), Nashik. Nashik – 422007. Pan: Aavpa 6177 F Appellant / Assessee Respondent / Revenue Assessee By Shri Suresh Gawali – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 03/05/2023 Date Of Pronouncement 21/07/2023 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(Appeal)National Faceless Appeal Centre, Delhi Dated 31.01.2023 Emanating From The Penalty Order Dated 17.01.2022 Under Section 271(1)(C) Of The Income Tax Act, 1961 For The A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit Is Not Justified In Raising Penalty U/S 271(1)(C) Of Rs.1,33,020/- On The Ground That The Assesses Has Furnish Inaccurate Particulars Of Income Without Appreciating That The Said Levy Of Penalty Was Riot Justified In Law. Shashikant Sukdeo Ambekar [A]

VI-A deduction of Rs.1,50,868/-. 3 Shashikant Sukdeo Ambekar [A] 3.1 The AO discussed the issue at length in the assessment order. The AO accepted Return of Income filed in response to notice under section 148. The AO initiated penalty under section 271(1)(c) for concealment of particulars of income. In the assessment order

SHASHIKANT SUKDEO AMBEKAR,10, SADGURUNAGAR , NASIK 422007, MAHARASHTRA , INDIA vs. INCOME TAX OFFICER ITO WARD 2(1),NASHIK/, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No’S.365 & 366/Pun/2023 िनधा"रण वष" / Assessment Years : 2017-18 & 2018-19 Shashikant Sukdeo Ambekar, The Income Tax Officer, 10, Sadgurunagar, V Ward-2(1), Nashik. Nashik – 422007. S Pan: Aavpa 6177 F Appellant / Assessee Respondent / Revenue Assessee By Shri Suresh Gawali – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 03/05/2023 Date Of Pronouncement 20/07/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax (Appeal)National Faceless Appeal Centre, Delhi Both Dated 31.01.2023 Emanating From The Penalty Order Both Dated 17.01.2022 Under Section 270A Of The Income Tax Act, 1961 For The A.Y.2017-18 & 2018-19 Respectively. The Assessee For A.Y.2017-18 Has Raised The Following Grounds Of Appeal :

VI-A of Rs.2,42,540/-; house property loss of Rs.1,72,560/- and refund of Rs.67,760/-. The case was reopened u/s 147 of the I.T. Act. In response to the notice appellant filed return declaring total income at Rs.7,10,990/- claiming deduction under chapter Vl-A ITA No’s.365 & 366/PUN/2023 Shashikant Sukdeo Ambekar [A] of Rs.1

SHASHIKANT SUKDEO AMBEKAR,10, SADGURUNAGAR , NASIK 422007, MAHARASHTRA , INDIA vs. INCOME TAX OFFICER ITO WARD 2(1),NASHIK/, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No’S.365 & 366/Pun/2023 िनधा"रण वष" / Assessment Years : 2017-18 & 2018-19 Shashikant Sukdeo Ambekar, The Income Tax Officer, 10, Sadgurunagar, V Ward-2(1), Nashik. Nashik – 422007. S Pan: Aavpa 6177 F Appellant / Assessee Respondent / Revenue Assessee By Shri Suresh Gawali – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 03/05/2023 Date Of Pronouncement 20/07/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax (Appeal)National Faceless Appeal Centre, Delhi Both Dated 31.01.2023 Emanating From The Penalty Order Both Dated 17.01.2022 Under Section 270A Of The Income Tax Act, 1961 For The A.Y.2017-18 & 2018-19 Respectively. The Assessee For A.Y.2017-18 Has Raised The Following Grounds Of Appeal :

VI-A of Rs.2,42,540/-; house property loss of Rs.1,72,560/- and refund of Rs.67,760/-. The case was reopened u/s 147 of the I.T. Act. In response to the notice appellant filed return declaring total income at Rs.7,10,990/- claiming deduction under chapter Vl-A ITA No’s.365 & 366/PUN/2023 Shashikant Sukdeo Ambekar [A] of Rs.1

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

vi) (Parshwa Investment-vs-DCIT, ITA No. 1429/Mum/2025, Hon. Members, "C" Bench, ITAT Mumbai dt. 30/06/2025 (Copies of these decisions form part of the legal compendium no. 2). Given the above-cited facts and legal precedents, the respondent reiterates that the assessment based upon the documents found during the course of a search on a third party can be made

EATON TECHNOLOGIES PRIVATE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

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

vi. Tax deduction, TDS deposit and TDS statement filing vii. Deduction/Exemption u/s.10A/10AA viii. Income from house property ix. Reduction in profit due to ICDS x. International Transaction(s) xi. Loss from currency fluctuations 3. Statutory notices u/s.143(2)/142(1) were duly served upon the assessee along with detailed questionnaire and the assessee made compliance to such notices. Since

JAYNT VASUDEO ARADHYE,SOLAPUR vs. DCIT, CIRCLE-1, SOLAPUR, SOLAPUR

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.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

VI-A other than the provisions of sub-section (2) of section 80CCD or section 80JJAA; (ii) without set off of any loss, - (a) carried forward or depreciation from any earlier assessment year, if such loss or depreciation is attributable to any of the deductions referred to in clause (i); (b) under the head "Income from house property” with

RAJU BHAUSAHEB ANAP,NASHIK vs. INCOME TAX OFFICER, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.467/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Raju Bhausaheb Anap, The Income Tax Officer, 01 Rajshree Samartha Sankul, V Nashik. Near Kalawati Mata Mandi, S Kalanagar, Indira Nagar, Nashik – 422009. Pan: Anrpa 7092 E Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 17/05/2023 Date Of Pronouncement 26/07/2023 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 (Appeal)National Faceless Appeal Centre, Delhi Dated 20.02.2023 Emanating From The Penalty Order Dated 11.01.2022 Under Section 270A Of The Income Tax Act, 1961 For The A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal : Raju Bhausaheb Anap [A]

VI-A of Rs.3,82,120/-; and refund of Rs.38,960/-. 2 Raju Bhausaheb Anap [A] 2.1 A survey action under section 133A of the Act was conducted in the premises of Kishore Patial who e-filed ITR’s of various persons wherein bogus deduction under Chapter VIA was claimed and the assessee was one among such cases. Kishor Patil

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD., AURANGABAD. vs. TAPADIYA CONSTRUCTION LTD, AURANGABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

Section 269SS of the Act are clearly attracted in respect of the cash accepted of Rs. 1,37,73,000/- accepted by the assessee from its customers otherwise than by an account payee cheque or account payee bank draft or use of electronic clearing system through bank account. Therefore a penalty of Rs. 1,37,73,000/- being imposed

RAJU BHAUSAHEB ANAP,NASHIK vs. INCOME TAX OFFICER, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.466/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 Raju Bhausaheb Anap, The Income Tax Officer, 01 Rajshree Samartha Sankul, V Nashik. Near Kalawati Mata Mandir, S Kalanagar, Indiara Nagar, Nashik – 422009. Pan: Anrpa 7092 E Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 17/05/2023 Date Of Pronouncement 17/07/2023 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 (Appeal)National Faceless Appeal Centre, Delhi Dated 20.02.2023 Emanating From The Penalty Order Dated 12.01.2022 Under Section 270A Of The Income Tax Act, 1961 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : Raju Bhausaheb Anap [A]

VI-A of Rs.2,07,500/-; and refund of Rs.40,150/-. 2.1 A survey action under section 133A of the Act was conducted in the premises of Kishore Patial who e-filed ITR’s of various persons wherein bogus deduction under Chapter VIA 2 Raju Bhausaheb Anap [A] was claimed and the assessee was one among such cases. Kishor Patil

RAJESH ANANDA SONAWANE,NASHIK vs. INCOME TAX OFFICER, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.526/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 Rajesh Ananda Sonawane, The Income Tax Officer, Plot No.19, S.No.10/85B, V Nashik. Gauri Bunglow, Abhiyanta S Nagar, Kamatwade Shiwar, Nashik – 422008. Pan: Adbps 3894 A Appellant / Assessee Respondent / Revenue Assessee By Shri Yogesh Gawali – Ar Revenue By Shri Shashank Deogadkar – Dr Date Of Hearing 22/05/2023 Date Of Pronouncement 24/07/2023 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 (Appeal)National Faceless Appeal Centre, Delhi Dated 21.03.2023 Emanating From The Penalty Order Dated 07.01.2022 Under Section 270A Of The Income Tax Act, 1961 For The A.Y.2017-18. The Assessee For Has Raised The Following Grounds Of Appeal : “1. The Learned Cit Is Not Justified In Raising Penalty U/S 270A Of Rajesh Ananda Sonawane [A]

VI-A of Rs.2,36,542/-; taxable total income at Rs.4,60,070/- and refund of Rs.84,690/-. 2 Rajesh Ananda Sonawane [A] The case was reopened and issued notice under section 148 of the Act dated 14.02.2020. The assessee filed return in response to notice under section 148 of the Act on 11.03.2020, wherein Assessee revised the claim

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.

9 lakhs, assessee has taken inter corporate deposits, but the same was repaid before the end of the current assessment year. However, we notice that since the assessee is having substantial interest in M/s ABM Steels (P.) Ltd. and M/s ABM Steels (P.) Ltd. is having substantial accumulative profit in its balance sheet and M/s ABM Steels