AMOL VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

Bench: Dr. Manish Borad & Shri Vinay Bhamore

142(1) of the Act were served upon the assessee. Ld.AO observed that assessee has shown LTCG at ₹ 90,95,120/-, and against this income, has claimed deduction u/s. 54F & 54B of the Act and declared NIL income under capital gain. Ld.AO, further on examination of records, observed that on account of transaction of conversion of capital asset into stock

ARCHANA PRASHANT DATE,PUNE vs. ITO, WARD 11(1), PUNE, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2472/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14

u/s 274 r.w.s. 271(1)(b) dated 30.03.2022 and 03.08.2022 are not the satisfaction but the show causes levying the penalty for which the satisfaction was to be recorded in the assessment order. This ground is accordingly rejected. 6.4 The next ground relates to the plea that the appellant had requested that the penalty proceeding be kept in abeyance. However

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 based on multiple notices issued u/s 142(1) of the Act which remained unattended. 7. The plain reading of applicable provision of clause (b) of s/s (1) of section 271of the Act revealed us that, ‘the assessee’s failure to comply with a notice under sub-section (2) of section 115WD or under sub-section (2) of ITAT-Pune

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 based on multiple notices issued u/s 142(1) of the Act which remained unattended. 7. The plain reading of applicable provision of clause (b) of s/s (1) of section 271of the Act revealed us that, ‘the assessee’s failure to comply with a notice under sub-section (2) of section 115WD or under sub-section (2) of ITAT-Pune

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 based on multiple notices issued u/s 142(1) of the Act which remained unattended. 7. The plain reading of applicable provision of clause (b) of s/s (1) of section 271of the Act revealed us that, ‘the assessee’s failure to comply with a notice under sub-section (2) of section 115WD or under sub-section (2) of ITAT-Pune

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 based on multiple notices issued u/s 142(1) of the Act which remained unattended. 7. The plain reading of applicable provision of clause (b) of s/s (1) of section 271of the Act revealed us that, ‘the assessee’s failure to comply with a notice under sub-section (2) of section 115WD or under sub-section (2) of ITAT-Pune

MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

Penalty u/s\n271(1)(c) of Income-tax Act, 1961 initiated separately for concealment of\nincome.\"\n5.\nThe assessee filed an appeal before CIT(A) on 11.02.2020. In the meantime,\nthe Ld. PCIT examined the records and noted that the order passed by the\nAssessing Officer is erroneous and prejudicial to the interest of Revenue. He noted\nthat during

SHRI MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

Penalty u/s\n271(1)(c) of Income-tax Act, 1961 initiated separately for concealment of\nincome.\"\n5.\nThe assessee filed an appeal before CIT(A) on 11.02.2020. In the meantime,\nthe Ld. PCIT examined the records and noted that the order passed by the\nAssessing Officer is erroneous and prejudicial to the interest of Revenue. He noted\nthat during

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

iii) Hon’ble Bombay High Court in the case of CIT vs. Samson Pericherry. (iv) Hon’ble Bombay High Court in the case of PCIT Vs Goa Dorado. (v) Hon’ble Bombay High Court in the case of PCIT Vs New Era Sova Mine. (vi) Prem Brothers Infrastructure LLP V/s. NFAC reported in (2023) 334 CTR (Del) 363, Para No.7

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

iii) Hon’ble Bombay High Court in the case of CIT vs. Samson Pericherry. (iv) Hon’ble Bombay High Court in the case of PCIT Vs Goa Dorado. (v) Hon’ble Bombay High Court in the case of PCIT Vs New Era Sova Mine. (vi) Prem Brothers Infrastructure LLP V/s. NFAC reported in (2023) 334 CTR (Del) 363, Para No.7

SATYAPREM RAJABHAU DHOLE,BEED vs. ITO, WARD-1(5), AURANGABAD, AURANGABAD

In the result, the appeal of the assessee is allowed

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

142(1). It was proposed to assess income under section 144 on the basis of material available on record. The assessee was given an opportunity to show cause Under Section 144B(1)(ix) of the Income Tax, 1961 as to why the assessment should not be completed ex parte under Section 144 read with section 147 read with 144B

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

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