PRAKASHBAPU PATIL GRAMIN BIGAR SHETI SAHAKARI PAT SANSTHA LTD,SANGLI vs. ACIT CIRCLE SANGLI, SANGLI

Appeals of the assessee are allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1325& 1328/Pun/2024 िनधा"रण वष" / Assessment Years : 2014-15 & 2015-16 Prakashbapu Patil Gramin V The Acit, Bigar Sheti Sahakari Pat S Circle-Sangli. Sanstha Ltd., Sahakari Pat Sanstha Ltd., Savali Miraj, Sangli – 416410. Maharashtra. Pan: Aaaap1616N Appellant/ Assessee Respondent / Revenue Assessee By Smt. Deepa Khare – Ar Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 19/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Years 2014-15 & 2015-16; Dated 05.04.2024 & 10.04.2024 Respectively; Passed U/Sec.250 Of The Income Tax Act, 1961. Since The Issue Involved Is Common

Penalty proceedings u/s 271(1)(c) of the Act was explained in detail in Assessment Order u/s 147, r.w.s. 144 read with section 144B

PRAKASHBAPU PATIL GRAMIN BIGAR SHETI SAHAKARI PAT SANSTHA LTD,SANGLI vs. ACIT, CIRCLE- SANGLI , SANGLI

Appeals of the assessee are allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1325& 1328/Pun/2024 िनधा"रण वष" / Assessment Years : 2014-15 & 2015-16 Prakashbapu Patil Gramin V The Acit, Bigar Sheti Sahakari Pat S Circle-Sangli. Sanstha Ltd., Sahakari Pat Sanstha Ltd., Savali Miraj, Sangli – 416410. Maharashtra. Pan: Aaaap1616N Appellant/ Assessee Respondent / Revenue Assessee By Smt. Deepa Khare – Ar Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 19/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Years 2014-15 & 2015-16; Dated 05.04.2024 & 10.04.2024 Respectively; Passed U/Sec.250 Of The Income Tax Act, 1961. Since The Issue Involved Is Common

Penalty proceedings u/s 271(1)(c) of the Act was explained in detail in Assessment Order u/s 147, r.w.s. 144 read with section 144B

SANTOSH ASHOKRAO BARHANPURKAR,NASHIK vs. INCOME TAX OFFICER WARD 2(1), NASHIK

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

144B of the IT Act on 20.09.2021 by accepting the income returned in response to notice u/s 148 of the IT Act. Subsequently, vide order dated 08.01.2022 the Assessing Officer imposed penalty of Rs.36,000/- u/s 271(1)(c) of the IT Act for concealing the particulars of income of Rs.2,76,660/-. 6. After considering the reply

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

section 80IB(10) of the Act. He submitted that the assessee was taking a chance and all these things would not have come to notice had there been no survey u/s 133A. Therefore, it cannot be said that the assessee has made full and true disclosure. He accordingly submitted that the order of the Ld. CIT(A) SA Nos.7

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

section 80IB(10) of the Act. He submitted that the assessee was taking a chance and all these things would not have come to notice had there been no survey u/s 133A. Therefore, it cannot be said that the assessee has made full and true disclosure. He accordingly submitted that the order of the Ld. CIT(A) SA Nos.7

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

section 80IB(10) of the Act. He submitted that the assessee was taking a chance and all these things would not have come to notice had there been no survey u/s 133A. Therefore, it cannot be said that the assessee has made full and true disclosure. He accordingly submitted that the order of the Ld. CIT(A) SA Nos.7

TEJAS SHIVAJI ADSUL,KOLHAPUR vs. INCOME TAX OFFICER WARD 1(1), KOLHAPUR, KOLHAPUR

In the result, appeal of the assessee is allowed

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

144B of the Act assessing total income at Rs. 24,70,490/- thereby accepting the income returned by the assessee without making any addition thereto. The Ld. AO however initiated penalty proceedings u/s 270A of the Act for under reporting of income in consequence of mis- reporting of income. During the penalty proceedings, the submissions/reply filed by assessee were found

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

u/s 80IB(10), therefore, considering the\ntotality of the facts of the case and in the interest of justice, we deem it proper to\nrestore this issue to the file of the Assessing Officer with a direction to decide the\nissue afresh in the light of these additional evidences filed by the assessee and in\naccordance with law after giving

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 u/s 271(1)(b) for non-compliance of notices issued u/s 142(1) arose in this bunch of appeals, at the request of rival parties hereof, these are taken up together for the sake of brevity and for a common & consolidated order. ITAT-Pune Page 1 of 6 Gaurishankar Education Society, ITA No.982-985/PUN/2023

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 u/s 271(1)(b) for non-compliance of notices issued u/s 142(1) arose in this bunch of appeals, at the request of rival parties hereof, these are taken up together for the sake of brevity and for a common & consolidated order. ITAT-Pune Page 1 of 6 Gaurishankar Education Society, ITA No.982-985/PUN/2023

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 u/s 271(1)(b) for non-compliance of notices issued u/s 142(1) arose in this bunch of appeals, at the request of rival parties hereof, these are taken up together for the sake of brevity and for a common & consolidated order. ITAT-Pune Page 1 of 6 Gaurishankar Education Society, ITA No.982-985/PUN/2023

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 u/s 271(1)(b) for non-compliance of notices issued u/s 142(1) arose in this bunch of appeals, at the request of rival parties hereof, these are taken up together for the sake of brevity and for a common & consolidated order. ITAT-Pune Page 1 of 6 Gaurishankar Education Society, ITA No.982-985/PUN/2023

YOGESH SHIVAJI SHINDE ,NASHIK vs. INCOME TAX OFFICER, NASHIK

In the result, the appeal of the assessee is allowed

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.168/Pun/2025 िनधा"रण वष" / Assessment Year : 2016-17 Yogesh Shivaji Shinde, Vs. Ito, National Faceless H. No.377, Mhb Colony, Assessment Centre, Satpur, Nashik- 422007. Delhi. Pan : Aekps3129Q Appellant Respondent Assessee By : Shri Mahesh Pagare (Virtual) Revenue By : Shri Ganesh B. Budruk Date Of Hearing : 28.04.2025 Date Of Pronouncement : 08.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.11.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Commissioner Of Income Tax Is Not Justified In Levying Penalty U/S 271(1)(C) Of Rs. 56,350/- On The Ground That The Assessee Had Under Reported & Mis Reported His Income. In Consequence Of Misreporting Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law.

271(1)(c) without rebutting the explanation offered by the assessee was not justified in view of provisions of the said Act. 3. The learned Commissioner of Income Tax ought to have appreciated that the bona fides of the explanation offered by assessee were established from the fact that the assessee, being salaried employee from technical background, was totally dependent

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

u/s 148 was issued to the assessee on 07.04.2022 which is clearly beyond the time limit prescribed under the said provisions of the Act. We find that the Revenue has also conceded before the Hon’ble Supreme Court in the case of Rajeev Bansal (supra) that the provisions of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions

SMITA VIRENDRA LODHA,AHMEDNAGAR vs. ITO, WARD-1, AHMEDNAGAR

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

271(1)(c). 6.7. In view of the facts of the case and the above-mentioned judicial decision, I am of the considered opinion that the appellant had underreported his income by filing inaccurate particulars of income. Therefore, the impugned penalty order u/s 270A of the Income Tax Act for under-reporting of income in consequence to mis- reporting

SOMNATH RAMDAS JADHAV,AHMEDNAGAR vs. ITO, WARD 2, AHMEDNAGAR, AHMEDNAGAR

Accordingly, the appeal in ITA No.1092/PUN/2025 for A.Y. 2013-14 involving the issue of penalty u/s 271(1)(c) of the Act is allowed

Bench: Shri Manish Borad & Shri Vinay Bhamore

144B of the IT Act by determining the total income at Rs.50,51,750/-. The above assessed income includes addition of Rs.50,51,750/- u/s 69A of the IT Act as unexplained money. 5. Aggrieved with the above assessment order, an appeal was filed before Ld. CIT(A)/NFCA. In appeal, the CIT(A)/NFAC upheld the action

SOMNATH RAMDAS JADHAV,AHMEDNAGAR vs. ITO WARD 2, AHMEDNAGAR

Accordingly, the appeal in ITA No.1092/PUN/2025 for A.Y. 2013-14 involving the issue of penalty u/s 271(1)(c) of the Act is allowed

Bench: Shri Manish Borad & Shri Vinay Bhamore

144B of the IT Act by determining the total income at Rs.50,51,750/-. The above assessed income includes addition of Rs.50,51,750/- u/s 69A of the IT Act as unexplained money. 5. Aggrieved with the above assessment order, an appeal was filed before Ld. CIT(A)/NFCA. In appeal, the CIT(A)/NFAC upheld the action

SOMNATH RAMDAS JADHAV,AHMEDNAGAR vs. ITO WARD2, AHMEDNAGAR

Accordingly, the appeal in ITA No.1092/PUN/2025 for A.Y. 2013-14 involving the issue of penalty u/s 271(1)(c) of the Act is allowed

Bench: Shri Manish Borad & Shri Vinay Bhamore

144B of the IT Act by determining the total income at Rs.50,51,750/-. The above assessed income includes addition of Rs.50,51,750/- u/s 69A of the IT Act as unexplained money. 5. Aggrieved with the above assessment order, an appeal was filed before Ld. CIT(A)/NFCA. In appeal, the CIT(A)/NFAC upheld the action

SOMNATH RAMDAS JADHAV,AHMEDNAGAR vs. ITO, WARD 2, AHMEDNAGAR, AHMEDNAGAR

Accordingly, the appeal in ITA No.1092/PUN/2025 for A.Y. 2013-14 involving the issue of penalty u/s 271(1)(c) of the Act is allowed

Bench: Shri Manish Borad & Shri Vinay Bhamore

144B of the IT Act by determining the total income at Rs.50,51,750/-. The above assessed income includes addition of Rs.50,51,750/- u/s 69A of the IT Act as unexplained money. 5. Aggrieved with the above assessment order, an appeal was filed before Ld. CIT(A)/NFCA. In appeal, the CIT(A)/NFAC upheld the action