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

271(1)(c) of the Act. 34. So far as the penalty on the major issue is concerned i.e. levy of penalty on the amount of Rs.39,20,00,000/- received by the assessee as salary which was not added by the assessee in its return of income being a non-resident, we find the Settlement Commission vide order dated

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLIGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

section 147 of the Act on the ground that the assessee has wrongly\nclaimed the deduction of Rs.3,58,47,391/- u/s 35(2AB) which has escaped\nassessment. The Assessing Officer thereafter issued notice u/s 148 of the I.T. Act,\n1961.\n4.\nThe assessee objected to the reasons recorded by the Assessing Officer\nwhich were not accepted

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

section 147 of the Act on the ground that the assessee has wrongly\nclaimed the deduction of Rs.3,58,47,391/- u/s 35(2AB) which has escaped\nassessment. The Assessing Officer thereafter issued notice u/s 148 of the I.T. Act,\n1961.\n4.\nThe assessee objected to the reasons recorded by the Assessing Officer\nwhich were not accepted

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

section 147 of the Act on the ground that the assessee has wrongly\nclaimed the deduction of Rs.3,58,47,391/- u/s 35(2AB) which has escaped\nassessment. The Assessing Officer thereafter issued notice u/s 148 of the I.T. Act,\n1961.\n4.\nThe assessee objected to the reasons recorded by the Assessing Officer\nwhich were not accepted

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

section 147 of the Act on the ground that the assessee has wrongly\nclaimed the deduction of Rs.3,58,47,391/- u/s 35(2AB) which has escaped\nassessment. The Assessing Officer thereafter issued notice u/s 148 of the I.T. Act,\n1961.\n4. The assessee objected to the reasons recorded by the Assessing Officer\nwhich were not accepted

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

35 taxmann.com 395 (P&H) which was also confirmed by Hon’ble Supreme Court in CIT vs. Gurdaspur Cooperative Sugar Mills (P.) Ltd. [2024] 159 taxmann.com 7 (SC) while dismissing the SLP filed by the Revenue, wherein it was held that penalty u/s 271(1)(c) of the IT Act is not imposable if the issue was debatable

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

35 taxmann.com 395 (P&H) which was also confirmed by Hon’ble Supreme Court in CIT vs. Gurdaspur Cooperative Sugar Mills (P.) Ltd. [2024] 159 taxmann.com 7 (SC) while dismissing the SLP filed by the Revenue, wherein it was held that penalty u/s 271(1)(c) of the IT Act is not imposable if the issue was debatable

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,SHIROL vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

35 taxmann.com 395 (P&H) which was also confirmed by Hon’ble Supreme Court in CIT vs. Gurdaspur Cooperative Sugar Mills (P.) Ltd. [2024] 159 taxmann.com 7 (SC) while dismissing the SLP filed by the Revenue, wherein it was held that penalty u/s 271(1)(c) of the IT Act is not imposable if the issue was debatable

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

35 taxmann.com 395 (P&H) which was also confirmed by Hon’ble Supreme Court in CIT vs. Gurdaspur Cooperative Sugar Mills (P.) Ltd. [2024] 159 taxmann.com 7 (SC) while dismissing the SLP filed by the Revenue, wherein it was held that penalty u/s 271(1)(c) of the IT Act is not imposable if the issue was debatable

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

35 taxmann.com 395 (P&H) which was also confirmed by Hon’ble Supreme Court in CIT vs. Gurdaspur Cooperative Sugar Mills (P.) Ltd. [2024] 159 taxmann.com 7 (SC) while dismissing the SLP filed by the Revenue, wherein it was held that penalty u/s 271(1)(c) of the IT Act is not imposable if the issue was debatable

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

35,375/- u/s 14A and disallowed depreciation of Rs.89,42,896/- which is the subject matter for levy of penalty. 3. The assessee filed an appeal before the Ld. CIT(A) / NFAC and the Ld. CIT(A) / NFAC restricted the disallowance u/s 14A to Rs.1,82,234/-. Subsequently, the Assessing Officer initiated penalty proceedings u/s 271

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

35. We have also noticed that Sections 271 and 273 were the two original penalty provisions, which require the penalty proceedings to be initiated during the course of relevant assessment proceedings or the other relevant proceedings as the case may be. The penalty proceedings could also be initiated during the appellate proceedings arising out of the relevant assessment proceedings

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA\nNo

35 taxmann.com 395 (P&H) which was also confirmed\nby Hon'ble Supreme Court in CIT vs. Gurdaspur Cooperative Sugar\nMills (P.) Ltd. [2024] 159 taxmann.com 7 (SC) while dismissing the\nSLP filed by the Revenue, wherein it was held that penalty u/s\n271(1)(c) of the IT Act is not imposable if the issue was debatable

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA\nNo

35 taxmann.com 395 (P&H) which was also confirmed\nby Hon'ble Supreme Court in CIT vs. Gurdaspur Cooperative Sugar\nMills (P.) Ltd. [2024] 159 taxmann.com 7 (SC) while dismissing the\nSLP filed by the Revenue, wherein it was held that penalty u/s\n271(1)(c) of the IT Act is not imposable if the issue was debatable

M/S. M M BROTHERS,DHULE vs. ITO, WARD 1, DHULE, DHULE

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

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

section 271(1)(c) on the basis of which the penalty proceedings were initiated was neither communicated by the A.O. in the asst. order nor in the notice u/s 274 r.w.s. 271(1)(c) and therefore, the penalty order u/s 271(1)(c) passed in the instant case was bad in law in view of the 2 law laid down

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

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

271(1)(c) of the Act. We find the assessee subsequent to the order of the Tribunal obtained certain details from the office of the District collector, Pune under the RTI Act which are filed as additional evidences. Since these additional evidences go to the root of the matter, therefore, we admit the same and deem it proper to restore

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

271(1)(c) of the Act. We find the assessee subsequent to the order of the Tribunal obtained certain details from the office of the District collector, Pune under the RTI Act which are filed as additional evidences. Since these additional evidences go to the root of the matter, therefore, we admit the same and deem it proper to restore

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

271(1)(c) of the Act. We find the assessee subsequent to the order of the Tribunal obtained certain details from the office of the District collector, Pune under the RTI Act which are filed as additional evidences. Since these additional evidences go to the root of the matter, therefore, we admit the same and deem it proper to restore