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

183 ITR (St.) 130) were issued by the Central Board of Direct Taxes. 32. A close scrutiny of Section 275 which reproduced hereinabove shows that Clause 1(a) covers those cases where the penalty proceedings are in respect of a default related to principal assessment for a particular assessment year and the penalty proceedings are required to be initiated

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

INCOME TAX OFFICER, WARD 1 NANDED, NANDED vs. SATYAWAN ARJUNRAO SHINDE, OSMANABAD

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2109/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-1, Nanded. Vs. Satyawan Arjunrao Shinde, Nagar Accident Hospital, Gore Complex, Samta Nagar, Osmanabad- 413501. Pan : Baeps8869J Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri B. P. Jaju Date Of Hearing : 02.12.2024 Date Of Pronouncement : 21.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 06.08.2024 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Failed To Appreciate The Facts That The Assessee Has Suppressed Professional Receipts Not Shown In His Itr, Ld. Cit(A)-12, Pune Vide Letter Dtd.02/01/2023 Directed That Penalty Proceedings U/S 270A Of The Act May Be Initiated By The Ao At The Time Of Giving Effect To The Appeal Order Dtd.28/11/2022. Accordingly Ao Initiated Penalty Proceedings As Per Clause (E) Of Sub-Section 9 Of Section 270A Of The Act.

183 Allahabad) In this case it is held that there must be satisfaction of respective officer. Penalty order is to be passed on the basis of the order passed by that authority i.e. A.O., or CIT(A). The action of CIT(A) is unjustified and against the natural justice.. 3.5 Having gone through the relevant material on record

KAVITA BALRAJ LANJILE,PASHAN vs. ITO, PUNE

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1758/Pun/2025 िनधा"रण वष" / Assessment Year : 2014-15 Kavita Balraj Lanjile, Vs. Ito, Ward-11(2), Pune. Flat No.401, Bldg. No.A-2, Shivranjan Tower, Someshwarwadi, Pune- 411008. Pan : Aaqpl5138C Appellant Respondent Assessee By : Shri Bharat Shah Revenue By : Shri Harshit Bari Date Of Hearing : 21.08.2025 Date Of Pronouncement : 14.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.01.2024 Passed U/S 271(1)(C) Of The It Act By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual Having Income From Profession & Business Income In The Shape Of Interest On Capital & Remuneration From Partnership Firm & Also Agricultural Income. The Assessee Furnished Her Return Of Income On 17.07.2014 Disclosing Professional Income, Income From Other

271(1)(c), read with section 274 of IT Act. True, the assessment proceedings form the basis for the penalty proceedings, but they are not composite proceedings to draw strength from each other. Nor can each cure the other's defect. A penalty proceeding is a corollary; nevertheless, it must stand on its own. These proceedings culminate under a different

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

271(1)(c)/270A of the Act whereas no penalty per se is applicable for income added u/s.115BBC of the Act. We also observe that section 68 converts any credit entry not shown as income in the books of account, into income. For example unsecured loan, share capital, other capital receipts, share premium, sundry creditors etc. whereas in case

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

271(1)(c)/270A of the Act whereas no penalty per se is applicable for income added u/s.115BBC of the Act. We also observe that section 68 converts any credit entry not shown as income in the books of account, into income. For example unsecured loan, share capital, other capital receipts, share premium, sundry creditors etc. whereas in case

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

271(1)(c)/270A of the Act whereas no penalty per se is applicable for income added u/s.115BBC of the Act. We also observe that section 68 converts any credit entry not shown as income in the books of account, into income. For example unsecured loan, share capital, other capital receipts, share premium, sundry creditors etc. whereas in case

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

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

penalty orders are passed for violations u/s 271(1)(c) and\n271B and 271D and 271(1)(b)... and so on. An exercise of missing two\nseparate orders under one common order, is besides the law and\nwholly incorrect.\nD. Mis-match of authorities (without prejudice to main challenges)\nFrom a collective perusal of sections 12AA/12AB, etc. it reveals that

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION , KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

271(1)(C) for furnishing inaccurate\nparticular of income are hereby initiated separately.\n10. After appreciating the above facts of the case the total income of\nthe assessee is computed as under:\nReturned Income\nNil\nAddition\ni. As per para 7\nAssessed Income\n: Rs.1,36,50,000/-\nRs.1,36,50,000/-\n16. Now on going through the reasons recorded/objections

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

271(1)(C) for furnishing inaccurate\nparticular of income are hereby initiated separately.\n10. After appreciating the above facts of the case the total income of\nthe assessee is computed as under:\nReturned Income\nNil\nAddition\ni. As per para 7\n: Rs.1,36,50,000/-\nAssessed Income\n: Rs.1,36,50,000/-\n16. Now on going through the reasons

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

271(1)(C) for furnishing inaccurate\nparticular of income are hereby initiated separately.\n10. After appreciating the above facts of the case the total income of\nthe assessee is computed as under:\nReturned Income\n: Nil\nAddition\ni. As per para 7\n: Rs.1,36,50,000/-\nAssessed Income\n: Rs.1,36,50,000/-\n16. Now on going through

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

183/- as the\nexcess share premium charged by the assessee u/s.56(2)(viib)\nof the Act. The observation of the AO reads as under :\n“4.1 Discussion and findings of the AO on the submission of the\nassessee: Assessing officer after going through the explanation &\ndocuments submitted by the assessee, has issued a detailed\nshowcause notice on 08.12.2018. In response

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

183/- as the excess share premium charged by the assessee u/s.56(2)(viib) of the Act. The observation of the AO reads as under : “4.1 Discussion and findings of the AO on the submission of the assessee: Assessing officer after going through the explanation & documents submitted by the assessee, has issued a detailed showcause notice on 08.12.2018. In response

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

183/- as the excess share premium charged by the assessee u/s.56(2)(viib) of the Act. The observation of the AO reads as under : “4.1 Discussion and findings of the AO on the submission of the assessee: Assessing officer after going through the explanation & documents submitted by the assessee, has issued a detailed showcause notice on 08.12.2018. In response

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

183/- as the excess share premium charged by the assessee u/s.56(2)(viib) of the Act. The observation of the AO reads as under : “4.1 Discussion and findings of the AO on the submission of the assessee: Assessing officer after going through the explanation & documents submitted by the assessee, has issued a detailed showcause notice on 08.12.2018. In response

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

183/- as the excess share premium charged by the assessee u/s.56(2)(viib) of the Act. The observation of the AO reads as under : “4.1 Discussion and findings of the AO on the submission of the assessee: Assessing officer after going through the explanation & documents submitted by the assessee, has issued a detailed showcause notice on 08.12.2018. In response

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

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / It(Ss)A Nos.91 To 96/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 To 2017-18 Shri Manoj Madanlal Vs. Acit, Central Circle- Chhajed, 1(1), Pune. 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / It(Ss)A Nos.97 & 98/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 & 2015-16 Acit, Circle-1(1), Pune. Vs. Shri Manoj Madanlal Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / Ita No.725/Pun/2022 िनधा"रण वष" / Assessment Year: 2018-19 Shri Manoj Madanlal Vs. Acit, Circle-1(1), Pune. Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent

183 4 IT(SS)A Nos.91 to 96/PUN/2022 IT(SS)A Nos.97 & 98/PUN/2022 written pages, which according to the Department contained a notings indicating the payments and receipts of on-money consideration at the time of purchase and sale of properties and also indicated the receipt of accommodation entries in the form of unsecured loans from shell companies based