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

disallowance would not per se lead to the imposition of penalty. Since the additions, in respect of which penalty has been upheld in the present proceedings, have been held by the Hon’ble High Court to be involving a substantial question of law, in our considered opinion, the penalty is not exigible under this section. We, therefore, order

MR. CHITTARANJAN TRIMBAK GAIKWAD,PUNE vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4, PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

penalty u/s 271(1)(c)' Moreover, The Supreme court in the case of MAK Data (P) Ltd. Vs Commissioner Of Income Tax 358 ITR 593 has clearly observed Voluntary disclosure does not release assessee from mischief of penal proceedings under section 271(1)(c). Same arguments and case laws are applicable for the additions made in the assessment order

INTERVALVE POONAWALLA PVT. LTD.,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2013-14 Intervalve Poonawalla Pvt. Ltd. Dcit, Central Circle 1(1), Fin Div. 16/B-1, Sarosh Bhavan, Pune Vs. 2Nd Floor, Dr. Ambedkar Road, Opp. Niv, Pune – 411001 Pan: Aaaci3917P (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak & Vishnu Bhutada Department By : Shri Ramnath P Murkunde Date Of Hearing : 14-05-2025 Date Of Pronouncement : 27-05-2025 O R D E R

disallowance u/s 14A to Rs.1,82,234/-. Subsequently, the Assessing Officer initiated penalty proceedings u/s 271(1)(c) of the Act. He noted

MS RAJMAL LAKHICHAND,JALGAON vs. DCIT, JALGAON

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1206/Pun/2023 िनधा"रण वष" / Assessment Year: 2010-11 Ms. Rajmal Lakhichand, Vs. Dcit, Jalgaon. 169, Balaji Peth, Jalgaon- 425001. Pan : Aacfr8609L Appellant Respondent Assessee By : Shri Nikhil Pathak Revenue By Shri Sourabh Nayak : Date Of Hearing : 27.06.2024 Date Of Pronouncement : 10.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.09.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2010-11. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “The Grounds Of Appeal Stated Below Are Without Prejudice To Each Other. 1) That The Learned Cit(A) Erred In Confirming The Penalty Of Rs.62,95,800 U/S. 271(1)(C) Of The Act. On The Facts & In The Circumstances Of The Case, The Said Penalty Be Cancelled. 2) Gross Profit Addition

disallowances. 4.0 In response, the Ld. Sr. DR placed reliance on the orders of the authorities below and vehemently argued that penalty had been rightly imposed and, therefore deserved to be upheld. 5.0 We have heard the rival submissions and perused the material available on record. The only question for our consideration is whether penalty u/s 271

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order on 28.02.2024 and in initiating penalty proceedings u/s 271

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order on 28.02.2024 and in initiating penalty proceedings u/s 271

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD. ,PUNE vs. DY CIT , CIRCLE- 5 , PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order on 28.02.2024 and in initiating penalty proceedings u/s 271

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order on 28.02.2024 and in initiating penalty proceedings u/s 271

M/S SIZE CONTROL GAUGES AND TOOLS PVT. LTD.,PUNE vs. DY CIT , CIRCLE- 5, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1864 To 1868/Pun/2025 निर्धारण वर्ा / Assessment Years : 2007-08 To 2011-12 M/S. Size Control Gauges Vs. Dcit, Circle-5, Pune. & Tools Pvt. Ltd., Plot No.100/101, Tiny Industries Co-Op. Estate Ltd., Pisoli Road, Kondhwa (Bk), Pune- 411048. Pan : Aaccs3670F Appellant Respondent

disallowance out of alleged bogus purchases as per their direction and the Ld Assessing Officer was not justified in passing fresh Assessment Order on 28.02.2024 and in initiating penalty proceedings u/s 271

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

penalty u/s 271(1)(c) of the Act. The Assessing Officer disallowed the excess claim of deduction u/s 36(1)(viia

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

disallowance on account of sale of sugar at concessional rates was worked out at Rs.2,02,97,115/- and added to the income of the assessee and vide order dated 25.09.2021 assessment was completed u/s 143(3) r.w.s. 254 of the IT Act and penalty u/s 271

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

disallowance on account of sale of sugar at concessional rates was worked out at Rs.2,02,97,115/- and added to the income of the assessee and vide order dated 25.09.2021 assessment was completed u/s 143(3) r.w.s. 254 of the IT Act and penalty u/s 271

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,SHIROL vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

disallowance on account of sale of sugar at concessional rates was worked out at Rs.2,02,97,115/- and added to the income of the assessee and vide order dated 25.09.2021 assessment was completed u/s 143(3) r.w.s. 254 of the IT Act and penalty u/s 271

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

disallowance on account of sale of sugar at concessional rates was worked out at Rs.2,02,97,115/- and added to the income of the assessee and vide order dated 25.09.2021 assessment was completed u/s 143(3) r.w.s. 254 of the IT Act and penalty u/s 271

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

disallowance on account of sale of sugar at concessional rates was worked out at Rs.2,02,97,115/- and added to the income of the assessee and vide order dated 25.09.2021 assessment was completed u/s 143(3) r.w.s. 254 of the IT Act and penalty u/s 271

RAMCHANDRAUDAYSINGHJADHAVRAO,PUNE vs. ACIT, CIRCLE-3, PUNE

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

u/s 271(1)(c) of\nthe Act. We find the relevant observations of the Hon'ble Delhi High Court read\nas under:\n“12. After considering the respective submissions of the learned counsel for the\nparties, we are of the view that the argument of the learned counsel for the\nassessee has to prevail as it carried substantial weight

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

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

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

disallowance of deduction u/s 80IB(10) that the Assessing Officer issued notice u/s 271(1)(c) r.w.s. 274. A SA Nos.7 to 9/PUN/2025 perusal of the second notice issued by the Assessing Officer u/s 271(1)(c) r.w.s. 274, copy of which is placed at page 116 of the paper book clearly shows that the penalty

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

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

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

disallowance of deduction u/s 80IB(10) that the Assessing Officer issued notice u/s 271(1)(c) r.w.s. 274. A SA Nos.7 to 9/PUN/2025 perusal of the second notice issued by the Assessing Officer u/s 271(1)(c) r.w.s. 274, copy of which is placed at page 116 of the paper book clearly shows that the penalty

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

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

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

disallowance of deduction u/s 80IB(10) that the Assessing Officer issued notice u/s 271(1)(c) r.w.s. 274. A SA Nos.7 to 9/PUN/2025 perusal of the second notice issued by the Assessing Officer u/s 271(1)(c) r.w.s. 274, copy of which is placed at page 116 of the paper book clearly shows that the penalty