VINOD RAMCHANDRA JADHAV,PUNE vs. DCIT, CC-2(1), PUNE, PUNE

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2010-11 Dcit, Vinod Ramchandra Jadhav Central Circle 2(1), Vs. Plot No.42-44, Green Park Society, Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessment Year : 2010-11 Vinod Ramchandra Jadhav Dcit, Plot No.42-44, Green Park Society, Vs. Central Circle 2(1), Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Ajay Kumar Keshari – Cit & Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 23-01-2025 Date Of Pronouncement : 21-04-2025 O R D E R

263 or section 264, after the expiry of six months from the end of the month in which such order of revision is passed; (c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from

DCIT, CC-2(1), PUNE, PUNE vs. VINOD RAMCHANDRA JADHAV, PUNE

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2010-11 Dcit, Vinod Ramchandra Jadhav Central Circle 2(1), Vs. Plot No.42-44, Green Park Society, Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessment Year : 2010-11 Vinod Ramchandra Jadhav Dcit, Plot No.42-44, Green Park Society, Vs. Central Circle 2(1), Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Ajay Kumar Keshari – Cit & Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 23-01-2025 Date Of Pronouncement : 21-04-2025 O R D E R

263 or section 264, after the expiry of six months from the end of the month in which such order of revision is passed; (c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from

SHRIRAM VITHAL CHIDRAWAR,,NANDED vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

263 of the Act, that the Assessing Officer made addition of Rs.10,00,000/- on account of undisclosed stock of fertilizers. While making addition the Assessing Officer did not record satisfaction for initiating penalty u/s. 271(1)(c) of the Act. The Commissioner of Income Tax (Appeals) in First Appellate proceedings against assessment while deliberating on the addition of Rs.10

HASMUKH HIRJI GADA,PUNE vs. PCIT (CENTRAL), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1023/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Hasmukh Hirji Gada, Vs. Pcit (Central), Pune. 1073, Bhosale Mystiqa, Plot No.425, Flat No.203, Gokhale Road, Om Super Market, Shivaji Nagar, Pune- 411002. Pan : Adxps3533L Appellant Respondent Assessee By : Shri Neelesh Khandelwal Revenue By : Shri Keyur Patel Date Of Hearing : 02.09.2024 Date Of Pronouncement : 07.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.03.2024 Passed By Ld. Pcit (Central), Pune For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Prevailing In The Case & As Per Provisions Of Law It Be Held That The Order Passed By The Principal Commissioner Of Income Tax Under Section 263 For Initiating The Penalty Under Section 271Aac Of The Act Is Without Jurisdiction & Hence Is Improper, Unwarranted, Unjustified & Contrary To The Provisions Of Law & Facts Prevailing In The Case. The Order Passed U/S. 263 Be Set Aside. The Appellant Be Granted Just & Proper Relief In This Respect.

penalty proceedings u/s. 271(1)(c) of the Act in exercising of revisional power u/s 263 of the Act. The Hon'ble High Court held as under: - 5. After hearing learned counsel for the parties, we find the issue that arises for consideration of this Court in this appeal is could the CIT in exercise of power under Section

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

271(1)(a) of the Act covers cases where the assessment to which the proceedings for imposition of penalty relate is the subject matter of an appeal to the Dy. Commissioner (Appeals) or the Commissioner (Appeals) 10 ITA No. 1688/PUN/2018, A.Y. 2005-06 or an appeal to the Appellate Tribunal. Category (2) i.e. section

INTERVALVE POONAWALLA PVT. LTD.,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2013-14 Intervalve Poonawalla Pvt. Ltd. Dcit, Central Circle 1(1), Fin Div. 16/B-1, Sarosh Bhavan, Pune Vs. 2Nd Floor, Dr. Ambedkar Road, Opp. Niv, Pune – 411001 Pan: Aaaci3917P (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak & Vishnu Bhutada Department By : Shri Ramnath P Murkunde Date Of Hearing : 14-05-2025 Date Of Pronouncement : 27-05-2025 O R D E R

section 14A read with Rule 8D made the disallowance of Rs.4,40,375/- which was confirmed by the Ld. CIT(A) / NFAC. Therefore, the Assessing Officer levied the penalty on this amount. 4. Similarly, the Ld. CIT(A) / NFAC restricted the disallowance of depreciation on Helicopter to 1/7th of Rs.2,23,57,241/- i.e. Rs.31,93,891/- in light

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD. vs. SHREEHARI ASSOCIATES PRIVATE LIMITED, AURANGABAD

The appeals of the REVENUE are ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamore

u/s 263 of the Act. We are mindful to state that, the Ld. AO’s acceptance of part of total unexplained sub-contract expenditure for the purpose of assessment does neither capable of changing the very characteristic of unexplained expenditure/transactions nor does it shield the transactions from attracting penal provisions of section 271(1)(c)/271AAB

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

u/s 263 of the Act. We are mindful to state that, the Ld. AO’s acceptance of part of total unexplained sub-contract expenditure for the purpose of assessment does neither capable of changing the very characteristic of unexplained expenditure/transactions nor does it shield the transactions from attracting penal provisions of section 271(1)(c)/271AAB

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

u/s 263 of the Act. We are mindful to state that, the Ld. AO’s acceptance of part of total unexplained sub-contract expenditure for the purpose of assessment does neither capable of changing the very characteristic of unexplained expenditure/transactions nor does it shield the transactions from attracting penal provisions of section 271(1)(c)/271AAB

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

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 to assessment years 2013-14 to 2015-16 respectively. ITA No.1637/PUN/2024 filed by the assessee is directed against the order dated 05.07.2024 of the Ld. CIT(A), Pune -11 relating to assessment year

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

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 to assessment years 2013-14 to 2015-16 respectively. ITA No.1637/PUN/2024 filed by the assessee is directed against the order dated 05.07.2024 of the Ld. CIT(A), Pune -11 relating to assessment year

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

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 to assessment years 2013-14 to 2015-16 respectively. ITA No.1637/PUN/2024 filed by the assessee is directed against the order dated 05.07.2024 of the Ld. CIT(A), Pune -11 relating to assessment year

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

RAJENDRA CHANDRAKANT CHINCHNIKAR,PUNE vs. CIT(A)-11, PUNE

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

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2019-20 Rajendra Chandrakant Chinchnikar Acit, Central Circle, 2165, B Ward, Koshti Galli, Vs. Kolhapur Mangalwar Peth, Pune – 416012 Pan: Acppc3559D (Appellant) (Respondent) Assessee By : Shri Tanzil Padvekar Department By : Shri Milind Debaje, Jcit Date Of Hearing : 25-08-2025 Date Of Pronouncement : 29-09-2025 O R D E R Per R.K. Panda, Vp:

u/s 270A of the Act. The provisions of section 270A as stood at the relevant time read as under: “Penalty for under-reporting and misreporting of income. 270A. (1) The Assessing Officer or the Commissioner (Appeals) or the Principal Commissioner or Commissioner may, during the course of any proceedings under this Act, direct that any person who has under-reported

KUMAR P. GERA,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX, CENTRAL ,, PUNE

Bench: Hon’Ble Shri S.S. Godara & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No.704/Pun/2018 निर्धारण वषा / Assessment Year : 2008-2009 Shri Kumar P Gera 200, Gera Plaza, Boat Club Rd., Pune. . . . . . . . अऩीऱाथी / Appellant Pan : Aaypg8748B बिधम / V/S. Pr. Commissioner Of Income Tax, . . . . . . . प्रत्यथी / Respondent Central, Pune - 411037 द्वारा / Appearances Assessee By : Shri S. K. Tyagi & R. S. Soniminde Revenue By : Shri M. G. Jasnani सुनवाई की तारीख / Date Of Conclusive Hearing : 06/10/2022 घोषणा की तारीख / Date Of Pronouncement : 29/11/2022 आदेश / Order Per G. D. Padmahshali, Am; The Present Appeal For The Assessment Year [For Short “Ay”] 2008-09 Is Assailed Against The Revisionary Order Of Principal Commissioner Of Income Tax (Central), Pune [For Short “Pcit”] Dt. 20/03/2018 Passed U/S 263 Of The Income-Tax Act,1961 [For Short “The Act”] Which Stemmed Out Of Order Dropping Penalty [For Short “Po”] Dt. 29/04/2016 Passed By The Dcit, Central Circle-1(3), Pune [For Short “Ao”] U/S 271(1)(C) Of The Act.

u/s 263 contenting the order dropping penalty as erroneous and prejudicial to the interest of revenue for a solitary reason of ignoring the applicability of explanation 5A to section 271

KISHOR MADHAV PARANJAPE,PUNE vs. DCIT, CENTRAL CIRCLE 2(2), PUNE

In the result, appeal of the Assessee is partly allowed for statistical purpose

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.1887/Pun/2019 िनधा"रणवष" / Assessment Year : 2015-16 Kishor Madhav Paranjape, The Dcit, Central 1139/516, Venu Apts, Vs Circle-2(2), Pune. Off F C Road, Shivajinagar, Pune – 411016. Pan: Abipp 3973 A Appellant/ Assessee Respondent /Revenue Assessee By Shri Suhas P Bora – Ar Revenue By Shri S P Walimbe– Dr Date Of Hearing 28/06/2022 Date Of Pronouncement 30/06/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-12, Pune For The Assessment Year 2015-16, Dated 23.09.2019. 2. The Facts Emanating From The Assessment Order & Penalty Order Are That The Assessee Is An Individual Deriving Income From Business. He Is A Partner In Various Firms, Earning Share Of Profit, Interest On Capital & Remuneration From Partnership Firms. It Is Pertinent To Note That All The Firms Wherein The Assessee Is A Partner, Are All Engaged In The Business Of Land Development & Building Construction. The Assessee Filed His Return Of Income For Assessment

u/s 271(1)(c) was issued on 20/12/2017. There is no dispute on these dates. Thus, the penalty order was passed within Six(06) months of passing the assessment order. The relevant Section 275 is reproduced here as under : Section 275. (1) No order imposing a penalty under this Chapter shall be passed— (a) in a case where the relevant

MR. ANIL ANANDA POKHARNIKAR ,PUNE vs. THE INCOME TAX OFFICER, WARD 10(3) , PUNE

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

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

Penalty u/s. 271(1)(c) of the Act based on an non-est Assessment order passed u/s. 144 read with sec. 147 of the Act, which was already set aside by the learned Principal Commissioner of Income Tax, Pune-3, exercising Revisionary powers under section 263

MSC SOFTWARE CORPORATION INDIA P.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

271(1)(c) without considering the fact that transfer pricing adjustments has been made on account of difference of opinion, interpretation of provisions of law, etc and not due to concealment of or furnishing of inaccurate particulars of income. Further, the learned Assessing Officer also erred in initiating the penalty proceedings against the Appellant in respect of voluntary adjustment made

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