GAURISHANKAR EDUCATIION SOCIETY,SATARA vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-1(1), PUNE

Appeals of the assessee are PARTLY ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 982 To 985/Pun/2023 निर्धारण वषा / Assessment Year : 2013-14 To 2016-17 Gaurishankar Education Society, Grahak Sangh, Market Yard, Satara - 415 001 Pan: Aaatg666A . . . . . . . अपऩलधर्थी / Appellant

penalty u/s 271(1)(b) for non-compliance of notices issued u/s 142(1) arose in this bunch of appeals, at the request of rival parties hereof, these are taken up together for the sake of brevity and for a common & consolidated order. ITAT-Pune Page 1 of 6 Gaurishankar Education Society, ITA No.982-985/PUN/2023

GAURISHANKAR EDUCATIION SOCIETY,SATARA vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-1(1), PUNE

Appeals of the assessee are PARTLY ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 982 To 985/Pun/2023 निर्धारण वषा / Assessment Year : 2013-14 To 2016-17 Gaurishankar Education Society, Grahak Sangh, Market Yard, Satara - 415 001 Pan: Aaatg666A . . . . . . . अपऩलधर्थी / Appellant

penalty u/s 271(1)(b) for non-compliance of notices issued u/s 142(1) arose in this bunch of appeals, at the request of rival parties hereof, these are taken up together for the sake of brevity and for a common & consolidated order. ITAT-Pune Page 1 of 6 Gaurishankar Education Society, ITA No.982-985/PUN/2023

GAURISHANKAR EDUCATIION SOCIETY,SATARA vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-1(1), PUNE

Appeals of the assessee are PARTLY ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 982 To 985/Pun/2023 निर्धारण वषा / Assessment Year : 2013-14 To 2016-17 Gaurishankar Education Society, Grahak Sangh, Market Yard, Satara - 415 001 Pan: Aaatg666A . . . . . . . अपऩलधर्थी / Appellant

penalty u/s 271(1)(b) for non-compliance of notices issued u/s 142(1) arose in this bunch of appeals, at the request of rival parties hereof, these are taken up together for the sake of brevity and for a common & consolidated order. ITAT-Pune Page 1 of 6 Gaurishankar Education Society, ITA No.982-985/PUN/2023

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

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

trust, and changes in these sections from time to time, is\nenclosed herewith and marked as Annexure-1.\n2.2 Earlier, Registration was granted u/s 12A/12AA.\nw.e.f. 1/4/2021, Registrations is granted only u/s 12AB.\nIn the new section 12AB(4), no any direct/indirect power is\navailable for cancelling registration u/s 12A. Learned PCIT has\nused such powers which are not bestowed

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE, PUNE vs. SHREE CHANAKYA EDUCATION SOCIETY, AUNDH ,PUNE

In the result, both the appeals filed by the Revenue and the Cross Objection filed by the assessee are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15

penalty levied by the Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). For the sake of convenience, both the appeals filed by the Revenue and the Cross Objections filed by the assessee were heard together and are being disposed off by this common order. 2. Facts of the case

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE, PUNE vs. SHREE CHANAKYA EDUCATION SOCIETY, AUNDH, PUNE

In the result, both the appeals filed by the Revenue and the Cross Objection filed by the assessee are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15

penalty levied by the Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). For the sake of convenience, both the appeals filed by the Revenue and the Cross Objections filed by the assessee were heard together and are being disposed off by this common order. 2. Facts of the case

ROYAL SWAN CHARITABLE MINORITY TRUST,NANDED vs. ITO (EXEMPTION), NANDED

In the result, appeals of the assessee for all the three AYs 2012-13,

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

penalty u/s 271(1)(c). 8. The appellant craves, leave to add, alter all, or any of the grounds of appeal on or before hearing.” 4. Vide application dated 23.04.2024 the assessee has requested for admission of additional legal grounds not expressly taken before the Ld. CIT(A) but were raised in written submissions filed before him. It is stated

ROYAL SWAN CHARITABLE MINORITY TRUST,NANDED vs. ITO (EXEMPTION), NANDED

In the result, appeals of the assessee for all the three AYs 2012-13,

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

penalty u/s 271(1)(c). 8. The appellant craves, leave to add, alter all, or any of the grounds of appeal on or before hearing.” 4. Vide application dated 23.04.2024 the assessee has requested for admission of additional legal grounds not expressly taken before the Ld. CIT(A) but were raised in written submissions filed before him. It is stated

ROYAL SWAN CHARITABLE MINORITY TRUST,NANDED vs. ITO (EXEMPTION), NANDED

In the result, appeals of the assessee for all the three AYs 2012-13,

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

penalty u/s 271(1)(c). 8. The appellant craves, leave to add, alter all, or any of the grounds of appeal on or before hearing.” 4. Vide application dated 23.04.2024 the assessee has requested for admission of additional legal grounds not expressly taken before the Ld. CIT(A) but were raised in written submissions filed before him. It is stated

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

271(1)(c)/270A, etc. As against, no any Penalty per se, is applicable for taxation u/s 115BBC As such, forming 'reasons' for one phenomenon, and taxing the same for some different phenomenon, is completely conflicting. Learned AO is incorrect is starting the 147 proceedings for S. 68, continuing the same for S. 68; and concluding the matter

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

271(1)(c)/270A, etc. As against, no any Penalty per se, is applicable for taxation u/s 115BBC As such, forming 'reasons' for one phenomenon, and taxing the same for some different phenomenon, is completely conflicting. Learned AO is incorrect is starting the 147 proceedings for S. 68, continuing the same for S. 68; and concluding the matter

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

271(1)(c)/270A, etc. As against, no any Penalty per se, is applicable for taxation u/s 115BBC As such, forming 'reasons' for one phenomenon, and taxing the same for some different phenomenon, is completely conflicting. Learned AO is incorrect is starting the 147 proceedings for S. 68, continuing the same for S. 68; and concluding the matter

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRADHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

charitable trust registered u/s 12A of the Act and engaged in educational activities whose income is exempt from tax. It is manifest from para 4 of the assessment order that on perusal of Schedule EC of the ITR, the Ld. AO noticed that the assessee had claimed capital expenditure of Rs.2,40,02,040/-. Vide notice u/s

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRAHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

charitable trust registered u/s 12A of the Act and engaged in educational activities whose income is exempt from tax. It is manifest from para 4 of the assessment order that on perusal of Schedule EC of the ITR, the Ld. AO noticed that the assessee had claimed capital expenditure of Rs.2,40,02,040/-. Vide notice u/s

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

271(1)(c)/270A, etc. As\nagainst, no any Penalty per se, is applicable for taxation u/s\n115BBC\nAs such, forming 'reasons' for one phenomenon, and taxing\nthe same for some different phenomenon, is completely\nconflicting. Learned AO is incorrect is starting the 147\nproceedings for S. 68, continuing the same for S. 68; and\nconcluding the matter

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION , KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

271(1)(c)/270A, etc. As\nagainst, no any Penalty per se, is applicable for taxation u/s\n115BBC\nAs such, forming 'reasons' for one phenomenon, and taxing\nthe same for some different phenomenon, is completely\nconflicting. Learned AO is incorrect is starting the 147\nproceedings for S. 68, continuing the same for S. 68; and\nconcluding the matter

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

271(1)(c)/270A, etc. As\nagainst, no any Penalty per se, is applicable for taxation u/s\n115BBC\nAs such, forming 'reasons' for one phenomenon, and taxing\nthe same for some different phenomenon, is completely\nconflicting. Learned AO is incorrect is starting the 147\nproceedings for S. 68, continuing the same for S. 68; and\nconcluding the matter

ASHOK BHARTI GOSWAMI ,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE, PUNE

In the result, all the appeals filed by the respective assessees are allowed

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n6.\n7. Appellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants

ADISH SHANTILAL SOLANKI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), PUNE, PUNE

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n6. Appellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants Pvt. Ltd. Appellant