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

251 ITR 99) wherein the Hon’ble Supreme Court held that the view taken in the case of Shadilal Sugar & General Mills Ltd. Vs CIT can no longer be said to be applicable to section 271(1)(c). ITA No 410/PUN/2024 [Penalty u/s

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

251 ITR 99) wherein the Hon’ble Supreme Court held that the view taken in the case of Shadilal Sugar & General Mills Ltd. Vs CIT can no longer be said to be applicable to section 271(1)(c). ITA No 410/PUN/2024 [Penalty u/s

MS IMSOFER MANUFACTURING INDIA PRIVATE LIMITED (NOW KNOWN AS FERRERO INDIA PRIVATE LIMITED),PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)– PUNE AND NATIONAL FACELESS ASSESSMENT CENTRE, DELHI, PUNE AND NFAC (DELHI)

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1316/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 M/S. Imsofer Manufacturing Vs. Dcit, Circle-1(1), Pune. India Private Limited (Now Known As Ferrero India Private Limited), World Trade Center, 8Th Floor, Tower-3, Kharadi- 411014. Pan : Aabci6450N Appellant Respondent Assessee By : Shri Siddhesh Chaugule & Nagma Gupta Revenue By Shri Amol Khairnar : Date Of Hearing : 18.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “General Grounds: 1. On The Facts & Circumstances Of The Case & In Law, The Hon. Cit(A) Has Erred In Passing Order Under Section 250 Of The Act I.E. Levying Penalty Of Inr 3,55,82,949/-. Legal Grounds:

251 (1)(b) of the Act. Non-levy of penalty under section 271(1)(c); 2. On the facts and circumstances of the case and in law, the Hon'ble ITAT has heard the quantum appeal of the appellant. Accordingly, as per the section 275(1)(A), learned AO be directed to impose penalty based on the order

NEELESH SATISH KANADE,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

In the result, the appeal is allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryनिर्धारण वषा / Assessment Year : 2006-07 Neelesh Satish Kanade, Vs. Acit, 1073, Bhosale Mystiqa, Central Circle-2(1), Model Colony, Pune Pune 411 016 Pan : Agdpk4376L Appellant Respondent

u/s 271(1)(c) and second, where the CIT(A) enhances the penalty already imposed by the AO de hors any enhancement made by him in the quantum proceedings, of course, subject to rider that he cannot travel beyond the penalty order for making the enhancement. Section 271(1)(c) covers the former situation. We are not confronted with such

SANJAY NAMDEO BHARTI,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, appeal of the assessee is allowed

Bench: Shri "ी "ी क"णाकरा राव क"णाकरा राव लेखा सद"य लेखा सद"य एवं "ी िवकास अव"थी एवं "ी िवकास अव"थी "याियक सद"य के सम" "याियक सद"य के सम" D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No. 155/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2001-02 िनधा"रण वष" िनधा"रण वष"

u/s. 271(1)(c) of the Act on said addition. On appeal Commissioner of Income Tax (Appeals) cancelled the penalty. The Department carried the matter in second appeal before the Tribunal. The Tribunal upheld the order of Commissioner of Income Tax (Appeals) by observing as under : “The case of the assessee is that it has agreed to the addition made

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

section 271(1)(c), by an order imposed a penalty of ₹76,80,877/- (rounded up to ₹77,00,000/-)equal to 100% of tax sought to be evaded on additional business income brought to tax and assessed u/s 143(3) of the Act., over & above the income returned in original return of income filed by the appellant assessee

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE, PUNE vs. BANK OF MAHARASHTRA, PUNE

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes and the appeal filed by the assessee is partly allowed for statistical purposes

penalty proceedings under section 271(1)(c) are initiated separately.\"\n\n46. In appeal the Ld. CIT(A) / NFAC restored the matter back to the file of the Assessing Officer by observing as under:\n\n“7.6.1 The appellant in his written submission has furnished that these provisions not available and already added back in the computation of the income

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

251(1)(a) of the Act. Before us, the assessee has raised a legal ground challenging the validity of reassessment proceedings relying on the decision of Hon’ble Supreme Court in the case of Union of India Vs. Rajeev Bansal (supra) on the ground that the notice issued to the assessee under section 148 of the Act is barred

BANK OF MAHARASHTRA ,PUNE vs. ASST COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes and the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2016-17

section 251(1)(a) of the Act and send the matter back to the AO for verification on the issue of disallowance of write back provision for standard assets amounting to Rs.31,14,41,362/-. 4) On the facts and the circumstances and in law, the ld CIT(A) erred in not appreciating the fact that the assessee had failed

SHRIKANT GAJANAN VYAVAHARE,KAMATWADE vs. INCOME TAX OFFICER, NASHIK

Appeal of the assessee is allowed for statistical purpose

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.893/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 Shrikant Gajanan Vyavahare, The Income Tax Officer, Plot No.06, S.No.16/3/1, V Nashik. Samarth Bungla, Near S Modakeshwar Mandir, Modakeshwar Nagar, Kamatwade, Nashik – 422010. Pan: Aakpv1138N Appellant/ Assessee Respondent /Revenue Assessee By Miss Abhilasha Sanjay Pawar – Ar Revenue By Shri Sourabh Nayak – Addl.Cit-Dr Date Of Hearing 14/02/2024 Date Of Pronouncement 14/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 29.09.2022. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit Is Not Justified In Levying Penalty U/S 271(L)(C) Of Rs.82,093/- On The Ground That The Assesses Has Furnish Inaccurate Particulars Of Income Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law. Shrikant Gajanan Vyavahare [A]

1. The learned CIT is not justified in levying penalty u/s 271(l)(c) of Rs.82,093/- on the ground that the assesses has furnish inaccurate particulars of Income without appreciating that the said levy of penalty was not justified in law. Shrikant Gajanan Vyavahare [A] 2. The learned CIT failed to appreciate that before the CIT, the assesses

DEEPAK KANTILAL JAIN,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n6.\n7.\nAppellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants

ADISH SHANTILAL SOLANKI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), PUNE, PUNE

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n6. Appellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants Pvt. Ltd. Appellant

BALU VITHAL PAWALE,PUNE vs. ITO WD- 2(4), PUNE

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.2869/Pun/2025 निर्धारण वषा / Assessment Year: 2017-18 Balu Vithal Pawale, V Assessing Officer, Village-Kasarsai, S National Faceless Taluka-Mulsi, Assessment Centre, Dist-Pune – 410506. Delhi Pan:Bfcpp7170L Appellant/ Assessee Respondent /Revenue Assessee By Shri B.S.Rajpurohit Revenue By Shri Madhukar Anand-Jcit(Through Virtual) Date Of Hearing 08/01/2026 Date Of Pronouncement 14/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 16.10.2024 Emanating From The Assessment Order Passed Under Section 147R.W.S 144 Read With Section 144B Of The Act, Dated 27.03.2022. The Assessee Has Raised The Following Grounds Of Appeal :

251(2) of the Act which requires the CIT(A) to apply his mind to all the issues which arise from the impugned order before him whether or not the same has been raised by the appellant before him. Accordingly, the law does not empower the CIT(A) to dismiss the appeal for non- prosecution as is evident from

ASHISH RAMESH OSWAL,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE, PUNE

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

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n6. Appellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants Pvt. Ltd. Appellant

DEEPAK KANTILAL JAIN ,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

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

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n6.\n7.\nAppellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants

ASHISH RAMESH OSWAL,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

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

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\n\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n\n6.\n7.\nAppellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants

ASHOK BHARTI GOSWAMI ,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE, PUNE

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

271 (SC)\nB) Rajendra Rameshlal Gugale v. PCIT-ITA_No.1676/Pune/2024 (Pune\nITAT)\nAppellant contends that considering ratio of various courts on the point,\nassessment u/s 153C in case of Appellant may please be overruled/cancelled.\n6.\n7. Appellant contends that, jurisdiction assumed by learned AO was invalid,\nconsidering reference to Settlement Commission by Mr. Yuvraj Dhamale &\nM/s Wellbuild Merchants

A RAYMOND FASTENERS INDIA PRIVATE LIMITED,PUNE vs. ACIT,CIRCLE-8, PUNE

Appeal is allowed for statistical purposes in above terms

Bench: Shri S.S.Godara, Jm & Shri G.D. Padmahshali, Am आयकर अपील सं. / Ita No.311/Pun/2021 धनधाारण वषा / Assessment Year : 2016-17 A Raymond Fasteners India P.Ltd., G. No. 259, 276/8B, Nighoje, Chakan, Taluka – Khed, Pune – 410 501. .......अपीलाथी / Appellant Pan : Aagca7184G

u/s 143(3) r.w.s. 144C r.w.s. 144B of the Income Tax Act, 1961; in short "the Act”. 2 A.Y. : 2016-17 A Raymond Fasteners India P.Ltd., . Heard both the parties. Case file perused. 2. The assessee raises the following substantive grounds in the instant appeal :- “1. erred in assessing the total income at INR 8,17,88,857 as against