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

263 or section 264, after the expiry of six months from the end of the month in which such order of revision is passed; (c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from

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

271(1) of the Act was attracted in the case of the assessee, though the assessee had filed Revised return of income on 30/09/2011 declaring the total income of Rs.41,67,100/-, prior to issuing of the notice u/s.148 of the Act related to the said addition on which the penalty had been levied by the Assessing Officer also treating

HASMUKH HIRJI GADA,PUNE vs. PCIT (CENTRAL), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1023/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Hasmukh Hirji Gada, Vs. Pcit (Central), Pune. 1073, Bhosale Mystiqa, Plot No.425, Flat No.203, Gokhale Road, Om Super Market, Shivaji Nagar, Pune- 411002. Pan : Adxps3533L Appellant Respondent Assessee By : Shri Neelesh Khandelwal Revenue By : Shri Keyur Patel Date Of Hearing : 02.09.2024 Date Of Pronouncement : 07.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.03.2024 Passed By Ld. Pcit (Central), Pune For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Prevailing In The Case & As Per Provisions Of Law It Be Held That The Order Passed By The Principal Commissioner Of Income Tax Under Section 263 For Initiating The Penalty Under Section 271Aac Of The Act Is Without Jurisdiction & Hence Is Improper, Unwarranted, Unjustified & Contrary To The Provisions Of Law & Facts Prevailing In The Case. The Order Passed U/S. 263 Be Set Aside. The Appellant Be Granted Just & Proper Relief In This Respect.

271(1)(c) of the Act. The Ld. Commissioner passed order u/s 263 holding that the omission on the part of the Assessing Officer to initiate penalty proceedings during the course of assessment has rendered the assessment order erroneous and prejudicial to the interest of the revenue. He placed reliance on the decision of Allahabad High Court

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD. vs. SHREEHARI ASSOCIATES PRIVATE LIMITED, AURANGABAD

The appeals of the REVENUE are ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamore

revision u/s 263 of the Act. We are mindful to state that, the Ld. AO’s acceptance of part of total unexplained sub-contract expenditure for the purpose of assessment does neither capable of changing the very characteristic of unexplained expenditure/transactions nor does it shield the transactions from attracting penal provisions of section 271(1)(c)/271AAB

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD vs. SHREEHARI ASSOCIATES PVT LTD, AURANGABAD

The appeals of the REVENUE are ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamore

revision u/s 263 of the Act. We are mindful to state that, the Ld. AO’s acceptance of part of total unexplained sub-contract expenditure for the purpose of assessment does neither capable of changing the very characteristic of unexplained expenditure/transactions nor does it shield the transactions from attracting penal provisions of section 271(1)(c)/271AAB

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANAGBAD., AURANGABAD. vs. SHREEHARI ASSOCIATES PVT LTD, AURANGABAD.

The appeals of the REVENUE are ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamore

revision u/s 263 of the Act. We are mindful to state that, the Ld. AO’s acceptance of part of total unexplained sub-contract expenditure for the purpose of assessment does neither capable of changing the very characteristic of unexplained expenditure/transactions nor does it shield the transactions from attracting penal provisions of section 271(1)(c)/271AAB

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

263 opined that deduction u/s 80IB(10)\nshould not have been allowed by the AO without proper verification of the\ncertificate issued by the CIDCO indicating the date of commencement as 7-04-\n1998 The Tribunal considered the fact that though the commencement certificate\nissued by the CIDCO indicated the date of commencement as 7-04-1998, the\nactual

INCOME-TAX OFFICER, WARD - 3,, ICHALKARANJI vs. SHRI. DANWADE KUTUBUDDIN SHAHABUDIN,, KOLHAPUR

In the result, the appeal of Revenue is dismissed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

271(1)(a) of the Act covers cases where the assessment to which the proceedings for imposition of penalty relate is the subject matter of an appeal to the Dy. Commissioner (Appeals) or the Commissioner (Appeals) 10 ITA No. 1688/PUN/2018, A.Y. 2005-06 or an appeal to the Appellate Tribunal. Category (2) i.e. section

MR. ANIL ANANDA POKHARNIKAR ,PUNE vs. THE INCOME TAX OFFICER, WARD 10(3) , PUNE

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

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

Penalty u/s. 271(1)(c) of the Act based on an non-est Assessment order passed u/s. 144 read with sec. 147 of the Act, which was already set aside by the learned Principal Commissioner of Income Tax, Pune-3, exercising Revisionary powers under section 263 of the Income Tax Act, 1961 [in short "the Act"] vide Revision

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED , AURANGABAD

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2013-14

revised return of income on 31.03.2015 declaring total income of Rs.1,20,54,68,920/-. The Assessing Officer completed the assessment u/s 143(3) of the Act determining the total income at Rs.122,32,40,620/- by making disallowance of Rs.1,05,69,000/- u/s 2 14A r.w.s. 8D of the IT Rules. Subsequently, the Assessing Officer passed

RAJENDRA CHANDRAKANT CHINCHNIKAR,PUNE vs. CIT(A)-11, PUNE

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

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2019-20 Rajendra Chandrakant Chinchnikar Acit, Central Circle, 2165, B Ward, Koshti Galli, Vs. Kolhapur Mangalwar Peth, Pune – 416012 Pan: Acppc3559D (Appellant) (Respondent) Assessee By : Shri Tanzil Padvekar Department By : Shri Milind Debaje, Jcit Date Of Hearing : 25-08-2025 Date Of Pronouncement : 29-09-2025 O R D E R Per R.K. Panda, Vp:

u/s 270A of the Act. The provisions of section 270A as stood at the relevant time read as under: “Penalty for under-reporting and misreporting of income. 270A. (1) The Assessing Officer or the Commissioner (Appeals) or the Principal Commissioner or Commissioner may, during the course of any proceedings under this Act, direct that any person who has under

INCOME TAX OFFICER, WARD-1, ICHALKARANJI, ICHALKARANJI vs. SANJAY GHODAWAT BUILDCON LLP , CHIPRI

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1337/Pun/2024 Assessment Year : 2015-16

penalty proceedings u/s. 271(1)(c) of the IT Act are being initiated separately for having furnished inaccurate particulars of such income." So while passing the Best Judgement Order it is imperative to consider all facts and replies available on record and then to proceed with the assessment order. While passing the order, assessing officer has not considered

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

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

Penalty\nproceedings u/s 271(1)(c) of the Income tax Act, for furnishing of inaccurate\nparticulars of income are initiated separately.\"\n5.\nBefore the Ld. CIT(A) / NFAC the assessee, apart from challenging the\naddition on merit, challenged the validity of assessment on the ground that the\nerstwhile company High Technology Transmission System India Pvt. Ltd. in\nwhose name

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

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

Penalty\nproceedings u/s 271(1)(c) of the Income tax Act, for furnishing of inaccurate\nparticulars of income are initiated separately.\"\n5.\nBefore the Ld. CIT(A) / NFAC the assessee, apart from challenging the\naddition on merit, challenged the validity of assessment on the ground that the\nerstwhile company High Technology Transmission System India Pvt. Ltd. in\nwhose name

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

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

Penalty\nproceedings u/s 271(1)(c) of the Income tax Act, for furnishing of inaccurate\nparticulars of income are initiated separately.\"\n5. Before the Ld. CIT(A) / NFAC the assessee, apart from challenging the\naddition on merit, challenged the validity of assessment on the ground that the\nerstwhile company High Technology Transmission System India Pvt. Ltd. in\nwhose name

INCOME TAX OFFICER , JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED , JALNA

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

271 Taxman 170 (Karnataka) while deciding an identical issue has upheld the order of the Tribunal and dismissed the appeal filed by the Revenue by observing as under: “3. It is the contention of learned Advocates appearing for revenue that tribunal was not justified in arriving at conclusion that Clause (i) of section 92BA of the Act, which had been

INCOME TAX OFFICER WARD 1 JALNA, JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED, JALNA

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

271 Taxman 170 (Karnataka) while deciding an identical issue has upheld the order of the Tribunal and dismissed the appeal filed by the Revenue by observing as under: “3. It is the contention of learned Advocates appearing for revenue that tribunal was not justified in arriving at conclusion that Clause (i) of section 92BA of the Act, which had been

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLIGIES LIMITED, AURANGABAD

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

Penalty\nproceedings u/s 271(1)(c) of the Income tax Act, for furnishing of inaccurate\nparticulars of income are initiated separately.\"\n5.\nBefore the Ld. CIT(A) / NFAC the assessee, apart from challenging the\naddition on merit, challenged the validity of assessment on the ground that the\nerstwhile company High Technology Transmission System India Pvt. Ltd. in\nwhose name

MR. ANIL ANANDA POKHARNIKAR,PUNE vs. THE INCOME TAX OFFICER, WARD 10(3), PUNE

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

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

263 of the Income Tax Act, 1961 [in short "the Act"] vide Revision Order dated 31.03.2021. B) Validity of Reopening of Assessment: 2. On the facts and circumstances of the case and in law, the recording of the reasons, approval/sanction granted by the competent authority, issue of Notice u/s.148 of the Act and the reopening of the assessment