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

131(1) of the Act, which never retracted till date. ITAT-Pune Page 7 of 16 DCIT Vs Shreehari Associates Pvt. Ltd. ITA No. 407 to 408 & 410/PUN/2024 8. In bolstering the legality of imposition and survival of penalty the Ld. DR also contended that, these cases are befitting the levy without any express invocation of the explanation to section

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

131(1) of the Act, which never retracted till date. ITAT-Pune Page 7 of 16 DCIT Vs Shreehari Associates Pvt. Ltd. ITA No. 407 to 408 & 410/PUN/2024 8. In bolstering the legality of imposition and survival of penalty the Ld. DR also contended that, these cases are befitting the levy without any express invocation of the explanation to section

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

D E R PER R.K. PANDA, V.P: ITA Nos.1634/PUN/2024 to 1636/PUN/2024 filed by the assessee are directed against the common order dated 28.06.2024 of the Ld. CIT(A), Pune -11 confirming the penalty levied by the Assessing Officer u/s 271(1)(c) of the Income SA Nos.7 to 9/PUN/2025 Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating

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

D E R PER R.K. PANDA, V.P: ITA Nos.1634/PUN/2024 to 1636/PUN/2024 filed by the assessee are directed against the common order dated 28.06.2024 of the Ld. CIT(A), Pune -11 confirming the penalty levied by the Assessing Officer u/s 271(1)(c) of the Income SA Nos.7 to 9/PUN/2025 Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating

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

D E R PER R.K. PANDA, V.P: ITA Nos.1634/PUN/2024 to 1636/PUN/2024 filed by the assessee are directed against the common order dated 28.06.2024 of the Ld. CIT(A), Pune -11 confirming the penalty levied by the Assessing Officer u/s 271(1)(c) of the Income SA Nos.7 to 9/PUN/2025 Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating

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

penalty levied by the Assessing Officer u/s 271(1)(c) of the Income\nTax Act, 1961 (hereinafter referred to as 'the Act') relating to assessment years\n2013-14 to 2015-16 respectively. ITA No.1637/PUN/2024 filed by the assessee is\ndirected against the order dated 05.07.2024 of the Ld. CIT(A), Pune -11 relating to\n assessment year 2020-21 rejecting

DCIT CIRCLE-7, PUNE vs. THAKUR HASARAM MULCHANDANI, PUNE

Appeal is dismissed in above terms

Bench: Shri S. S. Godara & Shri Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.55/Pun/2020 िनधा"रण वष" / Assessment Year: 2015-16 Dcit, Circle-7, Pune. Vs. Thakur Hasaram Mulchandani, Flat No.1, Building No.1, Sukhasagar Terrace, Sadhu Vaswani Chowk, Opp. Gpo, Pune- 411001. Pan : Aaxpm9871G Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri Hari Krishan Date Of Hearing : 13.06.2022 Date Of Pronouncement : 20.06.2022 आदेश / Order Per S. S. Godara, Jm: This Revenue’S Appeal For Assessment Year 2015-16 Arises Against The Cit(A)-5, Pune’S Order Dated 15.10.2019 Passed In Case No. Pn/Cit(A)-5/Dcit, Cir. 7, Pune/10020/2018-19 Involving Proceedings U/S 271(1)(C) Of The Income Tax Act, 1961; In Short The Act. Heard Both The Parties. Case Files Perused. 2. The Revenue’S Sole Substantive Grievance Raised Herein Challenges Correctness Of The Cit(A)’S Action Reversing The Penalty

section, wherein it was held that mere disallowance made and so also the addition made on surrender of income would not attract the levy of penalty u/s. 271(1)(c) of the Act. Some of such decisions, have already been cited by the appellant in his written submissions made before the AO during penalty proceedings and further during appellate proceedings

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 7 PUNE, PUNE vs. KOLTE PATIL INTEGRATED TOWNSHIPS LIMITED, PUNE

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

Penalty proceeding under section 271[1][c] of the Income Tax Act 1961\nfor concealment of income is initiated separately.\nDisallowance of interest u/s 36 of the I.T. Act of Rs.15,11,87,548/-" 6.\nBefore the Ld. CIT(A) / NFAC the assessee apart from challenging the\naddition on merit challenged the validity of reopening of the assessment

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

D. PADMAHSHALI, AM; This bunch of four appeals of appellant assessee is directed against separate orders of National Faceless Appellate Centre, Delhi [hereafter ‘NFAC] dt. 12/07/2023, passed u/s 250 of the Income-tax Act, 1961 [hereafter ‘the Act’], which stemmed out of respective penalty orders dt. 30/08/2022 passed u/s 271(1)(b) of the Act by Income Tax Officer (Exemptions

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

D. PADMAHSHALI, AM; This bunch of four appeals of appellant assessee is directed against separate orders of National Faceless Appellate Centre, Delhi [hereafter ‘NFAC] dt. 12/07/2023, passed u/s 250 of the Income-tax Act, 1961 [hereafter ‘the Act’], which stemmed out of respective penalty orders dt. 30/08/2022 passed u/s 271(1)(b) of the Act by Income Tax Officer (Exemptions

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

D. PADMAHSHALI, AM; This bunch of four appeals of appellant assessee is directed against separate orders of National Faceless Appellate Centre, Delhi [hereafter ‘NFAC] dt. 12/07/2023, passed u/s 250 of the Income-tax Act, 1961 [hereafter ‘the Act’], which stemmed out of respective penalty orders dt. 30/08/2022 passed u/s 271(1)(b) of the Act by Income Tax Officer (Exemptions

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

D. PADMAHSHALI, AM; This bunch of four appeals of appellant assessee is directed against separate orders of National Faceless Appellate Centre, Delhi [hereafter ‘NFAC] dt. 12/07/2023, passed u/s 250 of the Income-tax Act, 1961 [hereafter ‘the Act’], which stemmed out of respective penalty orders dt. 30/08/2022 passed u/s 271(1)(b) of the Act by Income Tax Officer (Exemptions

PRAPHULL KALURAM SHIVALE,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 12,, PUNE

Bench: Shri S.S. Godara & Shri G. D. Padmahshaliआयकरअपीलसं. / Ita No. 490/Pun/2019 करिनधा"रणवष"/ Assessment Year :2015-16 Shri Praphull Kaluram Shivale, 234, Balu Shetpabal Road, Vadhu Budruk, Shirur,Pune – 412216 Pan :Bfqps4176B . . . . . . . अपीलाथ" / Appellant बनाम / V/S. Asstt. Commissioner Of Income Tax, Circle – 12, Pune . . . . . . . ""थ" / Respondent "ारा / Appearances Assessee By : Shri B. C. Malakar Revenue By : Shri M. G. Jasnani सुनवाई की तारीख / Date Of Conclusive Hearing :16/08/2022 घोषणा की तारीख / Date Of Pronouncement :26/08/2022 आदेश / Order Per G.D. Padmahshali, Am; The Present Appeal Of The Appellant Assessee Is Challenged Against The Order Of Commissioner Of Income Tax (Appeals)-5, Pune [For Short “Cit(A)”] Dt. 14/02/2019 Passed U/S 250 Of The Income-Tax Act,1961 [For Short “The Act”] Which In Turn Dove Out Of Order Of Penalty [For Short “Po”] Of Asstt. Commission Of Income Tax, Circle-12 Pune [For Short “Ao”] Dt.28/06/2018 U/S 271(1)(C) Of The Act For The Assessment Year [For Short “Ay”] 2015-16. Itat-Pune Page 1 Of 14

131(1). To bolster the legality of imposition and survival of penalty the Ld. DR also contended that, by service of multiple SCN u/s 274 r.w.s. 271 of the Act, the appellant was put to notice in the context of explanation 1 thereto; however there was complete absentia and therefore, the failure on the part of the assessee to file

DCIT, SWARGATE PUNE vs. HONEYWELL AUTOMATION INDIA LIMITED, PUNE

Bench: Hon’Ble Smt Astha Chandra & Shri G. D. Padmahshali

D. PADMAHSHALI; The captioned appeal by the Revenue and Cross Objection thereagainst by the assessee are directed against DIN & Order ITBA/APL/S/250/2024-25/1067969754(1) dt. 26/08/2024 passed by Commissioner of Income Tax Appeals-13, Pune, [‘Ld. CIT(A)] u/s 250 of the Income-tax Act, 1961 [‘the Act’] which in turn arisen out of order of penalty dt. 30/03/2022 passed u/s 271

LATE SHRI BABANLAL BHIKULAL AGRAWAL,,JALGAON vs. INCOME-TAX OFFICER,,

In the result, the appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Laliet Kumar, Jm आयकर अपील सं. / Ita No.19/Pun/2015 िनधा"रण वष" / Assessment Year : 2003-04 Late Shri Babanlal Bhikulal Agrawal, Through L/H Shri Anil Babanlal Agrawal, 84-85, Main Road, Raver, Dist. Jalgaon-425508 .......अपीलाथ" / Appellant Pan : Aabha7676P बनाम / V/S. Ito, Ward-2(2), ……""यथ" / Respondent Jalgaon. Assessee By : Shri Sunil Ganoo Revenue By : Shri Vijay Netke सुनवाई क" तारीख / Date Of Hearing : 10.02.2020 घोषणा क" तारीख / Date Of Pronouncement : 12.02.2020 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Filed By The Assessee Is Against The Order Of The Cit(A)-2, Nashik Dated 28.10.2014 For The Assessment Year 2003-04. 2. The Grounds Raised By The Assessee Are As Under :- “1] The Ld.Cit(A) Has Grossly Erred In Law & On Facts In Confirming Penalty Imposed Of Rs. 10,12,126/- U/S.271(1)(C) On Account Of Alleged Addition Made At Rs.32,13,100/(Inclusive Of Enhanced Income), Without Establishing Any Alleged Facts/Thing & Bringing Any Corroborative Evidence On Record, Even In Penalty Proceedings & Hence, Penalty Be Deleted 2] On The Facts & In The Prevailing Circumstances Of The Case, The Learned Cit(A) Has Grossly Erred In Confirming The Penalty U/S.271(1)(C) Of The I T Act, Without Rebutting Any Contention Of The Appellant Filed Before Him. Therefore

D. KARUNAKARA RAO, AM: This appeal filed by the assessee is against the order of the CIT(A)-2, Nashik dated 28.10.2014 for the assessment year 2003-04. 2. The grounds raised by the assessee are as under :- “1] The Ld.CIT(A) has grossly erred in law and on facts in confirming penalty imposed of Rs. 10,12,126/- u/s.271

S K BHANSALI & ASSOCIATES,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2006-07

D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed against the order dated 08.02.2024 of the CIT(A) / NFAC, Delhi relating to assessment year 2006-07. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of CIT(A) / NFAC in confirming the penalty

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

penalty proceedings under section 271(1)(c) of the Income Tax Act, 1961 is initiated separately for concealment of income. [Addition Rs.7,93,62,371/-] 10. After going through the submissions and above mentioned discussion, the total assessed income of the assessee is as under : Total Income as per return : (-)Rs.1,95,25,614/- Add : As per discussion in para

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

d. Penalty Further, S. 68 additions are lead to penal proceedings which trigger penalty u/s 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

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

d. Penalty Further, S. 68 additions are lead to penal proceedings which trigger penalty u/s 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