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

10. The learned IT Authorities erred in law and on facts in levying penalty on ad-hoc buffer income amounting to Rs.50,00,000 shown in Settlement Application without appreciating that the said income was included by the appellant to avoid any unintended lapses/errors/ omissions, etc. The learned AO erred on facts in levying penalty w.r.t. the said buffer income

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

38,96,534/- u/s 271(1)(c) of the Act on the ground that the assessee has\nfurnished inaccurate particulars of income by claiming deduction u/s 80IB(10) of\nthe Act on the project under consideration which was not completed within the\nstipulated period of 5 years. According to the Assessing Officer when the first\napproval of the project

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

38,96,534/- being penalty @ 100% of tax sought to be evaded. While levying the penalty the Assessing Officer, relying on various decisions, held that the assessee has furnished inaccurate particulars of his income and had there been no survey, the assessee would have escaped by claiming deduction u/s 80IB(10) of the Act. 7. Before

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

38,96,534/- being penalty @ 100% of tax sought to be evaded. While levying the penalty the Assessing Officer, relying on various decisions, held that the assessee has furnished inaccurate particulars of his income and had there been no survey, the assessee would have escaped by claiming deduction u/s 80IB(10) of the Act. 7. Before

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

38,96,534/- being penalty @ 100% of tax sought to be evaded. While levying the penalty the Assessing Officer, relying on various decisions, held that the assessee has furnished inaccurate particulars of his income and had there been no survey, the assessee would have escaped by claiming deduction u/s 80IB(10) of the Act. 7. Before

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED ( SUCCESSOR OF ARICENT TECHNOLOGIES HOLDINGS LIMITED),PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

38,45,890) after adjusting the incremental liability that may arise on disallowing health and education Cess. He, therefore, submitted that there is no basis for holding that the assessee has under-reported its income or done any act without good faith and due diligence and hence the provisions of section 270A of the Act do not apply

MR VIKAS JAYRAM BHUKAN,PUNE vs. ITO WARD 12(3), PUNE

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2483/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Mr. Vikas Jayram Bhukan, Vs. Ito, Ward-12(3), Pune. Survey No.34, House No.80, Azad Chowk, Opposite Ramma, Lohegaon, Near Gram Panchayat, Pune- 411047. Pan : Alqpb0811K Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By : Shri Kumar Manish Singha Date Of Hearing : 08.04.2025 Date Of Pronouncement : 30.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstance Prevailing In The Case & As Per Provisions & Scheme Of The Act It Be Held That The Notice For Levy Of Penalty Was Defective Since No Specific Charge Of Violation, Was Made Out In The Notice & Thus The Consequent Penalty So Levied Be Kindly Deleted.

38] When the Assessing Officer had recorded in the assessment order the particulars of concealed income/undisclosed income of the assessee and on that basis- initiated penalty proceeding under section 271(1)(c) then consequential notice under section 274 issued by Assessing Officer to the assessee to afford him opportunity of hearing, was specifically a notice for penalty for concealment

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

38. We are, therefore, of the opinion that since penalty proceedings for default in not having transactions through the bank as required under Sections 269SS and 269T are not related to the assessment proceeding but are independent of it, therefore, the completion of appellate proceedings arising out of the assessment proceedings or the other proceedings during which the penalty proceedings

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHPAUR vs. RBL BANK LTD, KOLHAPUR

In the result, the appeal of the Revenue is dismissed

Bench: SATBEER SINGH GODARA, JUDICIAL MEMBER, AND DR.DIPAK P. RIPOTE (Accountant Member)

section 271(l)(c) of the Act requires the Ld. AO to record is satisfaction before imposition of penalty, the AO could not have imposed penalty merely because the assessee has not filed any response. The CIT(A) has held the order imposing penalty to be bad in law on this count too. The assessee submits that there

SKYLINE DEVELOPERS,PUNE vs. THE INCOME TAX OFFICER, WARD4(50, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.709/Pun/2023 Assessment Year : 2006-07

penalty proceeding u/s 271(1)(c) of the Act is separately initiated.” 6. Aggrieved assessee preferred appeal before ld.CIT(A). During the course of appellate proceedings before ld.CIT(A) it was stated that in the year under consideration the project was not commenced and only a Joint Venture Agreement was entered. However, the assessee grossly erred in treating the stamp

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

PRIYANVADA AMOL MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

PRIYANVADA AMOL MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

271 (1) (c)/270A are initiated, proper explanation below that section shall be invoked. In case penalties initiated u/s 271AAA/271 AAB, the same should be invoked under the respective issue itself as well as at the bottom of the order. (vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever