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.

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 263 of the Act hold the order of the Assessing Officer to be erroneous

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

UNIQUE AUTOMOBILES ,,SANGLI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, SANGLI

In the result, the appeal stands dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.477/Pun/2018 िनधा"रणवष" / Assessment Year : 2004-05 Unique Automobiles, The Cit(A), Kolhapur. 32, Jayraj, Near Tata Petrol Vs Pump, Vishrambag, Sangli – . 416416. Pan: Aaafu 3563 A Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri M.G.Jansnani - Dr Date Of Hearing 11/07/2022 Date Of Pronouncement 05/08/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2004-05 Is Directed Against The Commissioner Of Income Tax(Appeals)-1, Kolhapur’S Order Dated 01.11.2017 Passed In Appeal No. Sli/093/10- 11, In Proceedings U/S.271B Of The Income Tax Act, 1961 [In Short “The Act”].

271 FA ,] 30[ section 271FB, ] 3.1 [ section 271G.1] clause (c) or clause (d) of sub-section (1) or sub-section (2) of section 272A. sub- section (1) of section 272AA1 or 32 [ section 272B or] 33 [sub- section (1) of section 272BB or] 34 [subsection (1) of section 272BBB or] clause (b) of sub-section (1) or clause

PADMAKAR VISHWAS DATE,,BHOSARI vs. INCOME TAX E ASSESSMENT, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita Nos.929, 930 & 931/Pun/2023 िनधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2015-16 Padmakar Vishwas Date, The Income Tax Officer S.No.218, Near Shri Krishn V –Tds(2), Pune. Mandir, Alandi Road, S Bhosari, Pune – 411038. Pan: Anhpd3804B Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 15/02/2024 Date Of Pronouncement 16/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 All Dated 26.06.2023. Since Issue Involved Is Same, All These Appeals Were Heard Together & Decided By This Consolidated Order. We Treat Appeal In Ita No.929/Pun/2023 For A.Y.2013-14

u/s 234 had been charged. 3. The Department of Income Tax, through its Officers send such letters and intimidate the Assessee, leading him to spend money on the proceedings besides causing mental anguish. The ITD may be directed to pay and amount of Rs.25,000/- to the Indian Army Welfare Fund as compensation for this frivolous action. ITA No.929/PUN/2023

PADMAKAR VISHWAS DATE,BHOSARI vs. INCOME TAX E ASSESSMENT , PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita Nos.929, 930 & 931/Pun/2023 िनधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2015-16 Padmakar Vishwas Date, The Income Tax Officer S.No.218, Near Shri Krishn V –Tds(2), Pune. Mandir, Alandi Road, S Bhosari, Pune – 411038. Pan: Anhpd3804B Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 15/02/2024 Date Of Pronouncement 16/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 All Dated 26.06.2023. Since Issue Involved Is Same, All These Appeals Were Heard Together & Decided By This Consolidated Order. We Treat Appeal In Ita No.929/Pun/2023 For A.Y.2013-14

u/s 234 had been charged. 3. The Department of Income Tax, through its Officers send such letters and intimidate the Assessee, leading him to spend money on the proceedings besides causing mental anguish. The ITD may be directed to pay and amount of Rs.25,000/- to the Indian Army Welfare Fund as compensation for this frivolous action. ITA No.929/PUN/2023

PADMAKAR VISHWAS DATE,BHOSARI vs. INCOME TAX E ASSESSMENT, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita Nos.929, 930 & 931/Pun/2023 िनधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2015-16 Padmakar Vishwas Date, The Income Tax Officer S.No.218, Near Shri Krishn V –Tds(2), Pune. Mandir, Alandi Road, S Bhosari, Pune – 411038. Pan: Anhpd3804B Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 15/02/2024 Date Of Pronouncement 16/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Three Appeals Filed By The Assessee Are Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 All Dated 26.06.2023. Since Issue Involved Is Same, All These Appeals Were Heard Together & Decided By This Consolidated Order. We Treat Appeal In Ita No.929/Pun/2023 For A.Y.2013-14

u/s 234 had been charged. 3. The Department of Income Tax, through its Officers send such letters and intimidate the Assessee, leading him to spend money on the proceedings besides causing mental anguish. The ITD may be directed to pay and amount of Rs.25,000/- to the Indian Army Welfare Fund as compensation for this frivolous action. ITA No.929/PUN/2023

BAPUJIBUWA NAGARI SAH PAT SANSTHA LTD.,,PUNE vs. JOINT COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.946/Pun/2017 "नधा"रण वष" / Assessment Year : 2012-13 .......अपीलाथ" / Appellant Bapujibuwa Nagari Sahakari Pat Sanstha Maryadit, S.No.10/2, Dagadu Patil Nagar, Thergaon, Pune – 411033. Pan : Aaaab8597J. बनाम / V/S. The Joint Commissioner Of Income Tax, ……""यथ" / Respondent Range – 9, Pune.

u/s 271D is perfectly justified and there is no reasonable cause as made out by the assessee.” '\.. 15. The learned AR in her rejoinder submitted that the ratio laid down by the Hon’ble Court cited by the learned DR are distinguishable from the facts of the present case. 16. We have heard the rival contentions of both the parties

D.R.K. CONSTRUCTION,,SATARA vs. ADDITIONAL COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is allowed

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

271-I] clause (c) or clause (d) of sub-section (1) or sub- section (2) of section 272A, sub-section (1) of section 272AA] or [section 272B or] [sub-section (1) [or sub-section (1A)] of section 272BB or][sub-section(1) of section 272BBB or] clause (b) of sub-section (1) or clause (b) or clause

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

Bench: Shri Satbeer Singh Godara & Shri Inturi Rama Rao

u/s 271D of the Income Tax Act of Rs.1,01,75,465/- in respect of deposits from its members. 2. The Id CIT(A) failed to appreciate that the appellant Society is based in rural area and most of the members are illiterate and agriculturists having transactions below Rs 20000/-. 3. The learned CIT erred in law and on facts

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

Bench: Shri Satbeer Singh Godara & Shri Inturi Rama Rao

u/s 271D of the Income Tax Act of Rs.1,01,75,465/- in respect of deposits from its members. 2. The Id CIT(A) failed to appreciate that the appellant Society is based in rural area and most of the members are illiterate and agriculturists having transactions below Rs 20000/-. 3. The learned CIT erred in law and on facts

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

Bench: Shri Satbeer Singh Godara & Shri Inturi Rama Rao

u/s 271D of the Income Tax Act of Rs.1,01,75,465/- in respect of deposits from its members. 2. The Id CIT(A) failed to appreciate that the appellant Society is based in rural area and most of the members are illiterate and agriculturists having transactions below Rs 20000/-. 3. The learned CIT erred in law and on facts

TIBCO SOFTWARE B.V.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, (IT), CIRCLE - 2,, PUNE

Appeal is allowed for statistical purposes

Bench: Shri R.S.Syal & Sonjoy Sarma,Jm Assessment Year : 2014-15 Tibco Software B.V. ...... Appellant C/O Tibco Software India P.Ltd. 3 Floor, Binnarius,Deepak Complex, National Games Road, Shastri Nagar, Yerwada, Pune – 411 006. Pan : Aaect3252G V/S. Dcit(It),Circle-2, Pune ……Respondent

penalty proceedings against the Appellant under Section 274 r.w.s 271(1)(c) of the Income-tax Act, 1961.” 3. Briefly, the facts are under : 4. The Appellant TIBCO Software B.V is a non-resident company incorporated in Netherland. The Company is engaged in sale of Software maintenance, consulting and training services in India. The return of income for the Assessment

DY. CIT, CIRCLE-8, PUNE vs. ATLAS COPCO (INDIA) LTD.,, PUNE

In the result, the Cross objections are partly allowed in so far

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.649/Pun/2013 & 1726/Pun/2014 िनधा"रण वष" / Assessment Years : 2008-09 & 2009-10 Dcit, Circle-8, Atlas Copco (India) Limited, Pune Vs. Sveanagar, Dapodi, Pune – 411 012 Pan : Aaaca4074D (Appellant) (Respondent)

271(1)(c) of the Act, again, on 29-12-2012, whose copy has also been placed on record. Thereafter, the AO 6 Atlas Copco (India) Limited A.Yrs. 2008-09 and 2009-10 passed the final assessment order dated 27-02-2012 u/s.143(3) r.w.s. 144C of the Act determining total income at Rs.156.73 crore. 8. From the above factual

DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. ATLAS COPCO (INDIA) LTD.,, PUNE

In the result, the Cross objections are partly allowed in so far

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.649/Pun/2013 & 1726/Pun/2014 िनधा"रण वष" / Assessment Years : 2008-09 & 2009-10 Dcit, Circle-8, Atlas Copco (India) Limited, Pune Vs. Sveanagar, Dapodi, Pune – 411 012 Pan : Aaaca4074D (Appellant) (Respondent)

271(1)(c) of the Act, again, on 29-12-2012, whose copy has also been placed on record. Thereafter, the AO 6 Atlas Copco (India) Limited A.Yrs. 2008-09 and 2009-10 passed the final assessment order dated 27-02-2012 u/s.143(3) r.w.s. 144C of the Act determining total income at Rs.156.73 crore. 8. From the above factual

TIBCO SOFTWARE BV,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, (IT), CIRCLE-2,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravisl.

penalty proceedings be overturned. The above grounds are without prejudice to each other.” 5. Briefly, the facts of the case are as under : The appellant TIBCO Software B.V. is a non-resident company incorporated in Netherlands. The company is engaged in sale of Software licences and provision of Software maintenance, Consulting and Training services in India. The return of income

TIBCO SOFTWARE BV,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, (INTERNATIONAL TAXATION), CIRCLE -2,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravisl.

penalty proceedings be overturned. The above grounds are without prejudice to each other.” 5. Briefly, the facts of the case are as under : The appellant TIBCO Software B.V. is a non-resident company incorporated in Netherlands. The company is engaged in sale of Software licences and provision of Software maintenance, Consulting and Training services in India. The return of income

YAZAKI (I) P LIMITED,(FORMERLY KNOWN AS TATA YAZAKI AUTOCOMP LTD),PUNE vs. ACIT, CIRCLE-7, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.163/Pun/2013 िनधा"रण वष" / Assessment Year : 2008-09

271(1)(c) of the Act along with the said draft assessment order, thereby not following the mandate as laid down under section 144C of the Act. The Appellant prays that the said draft assessment order be held as void-ab-initio, bad in law and illegal and consequently the entire assessment ought to be quashed.” 3. Having gone through