SHIVRATAN MOTILAL RATHI HUF,PUNE vs. ITO, JALNA, JALNA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.605 & 606/Pun/2025 िनधा"रण वष" / Assessment Years : 2008-09 & 2011-12 Shivratan Motilalji Rathi Vs. Ito, Ward-1, Jalna. Huf, Rathi Rathi & Co., 501-504, Akshay Landmarks, Opp. Pu La Garden, Sinhagad Road, Jalna- 411030. Pan : Aaehr5318G Appellant Respondent Assessee By : Miss Smruti Sabnis Revenue By Shri Akhilesh Srivastva : Date Of Hearing 24.07.2025 : Date Of Pronouncement : 29.07.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 21.10.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2008-09 & 2011-12 Respectively. 2. There Is Delay Of 64 Days In Filing Of The Present Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. Ld. Dr Has Not Raised Any Serious Objection To Condone The Delay, Therefore We Condone The Delay Of 64 Days & Proceed To Adjudicate The Appeals. 3. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 4. First, We Shall Take Up The Appeal Of The Assessee In Ita No.605/Pun/2025 For Assessment Year 2008-09 As The Lead Case For Adjudication.

unexplained investment u/s 69 of the IT Act and also initiated penalty proceedings u/s 271(1)(c) of the IT Act. Accordingly

SHIVRATAN MOTILALJI RATHI HUF,PUNE vs. ITO, JALNA, JALNA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.605 & 606/Pun/2025 िनधा"रण वष" / Assessment Years : 2008-09 & 2011-12 Shivratan Motilalji Rathi Vs. Ito, Ward-1, Jalna. Huf, Rathi Rathi & Co., 501-504, Akshay Landmarks, Opp. Pu La Garden, Sinhagad Road, Jalna- 411030. Pan : Aaehr5318G Appellant Respondent Assessee By : Miss Smruti Sabnis Revenue By Shri Akhilesh Srivastva : Date Of Hearing 24.07.2025 : Date Of Pronouncement : 29.07.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 21.10.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2008-09 & 2011-12 Respectively. 2. There Is Delay Of 64 Days In Filing Of The Present Appeals. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeals Within The Prescribed Time Limit. Ld. Dr Has Not Raised Any Serious Objection To Condone The Delay, Therefore We Condone The Delay Of 64 Days & Proceed To Adjudicate The Appeals. 3. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 4. First, We Shall Take Up The Appeal Of The Assessee In Ita No.605/Pun/2025 For Assessment Year 2008-09 As The Lead Case For Adjudication.

unexplained investment u/s 69 of the IT Act and also initiated penalty proceedings u/s 271(1)(c) of the IT Act. Accordingly

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, PUNE vs. LB KUNJIR, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

unexplained investment. This discrepancy would not have come to notice without survey u/s 133A of the Income Tax Act, 1961 in the case of assessee. Penalty proceedings are initiated separately u/s 271

DCIT, PUNE vs. L B KUNJIR, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

unexplained investment. This discrepancy would not have come to notice without survey u/s 133A of the Income Tax Act, 1961 in the case of assessee. Penalty proceedings are initiated separately u/s 271

DCIT CIRCLE 7, BODHI TOWER SALISBURY PARK vs. L B KUNJIR, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

unexplained investment. This discrepancy would not have come to notice without survey u/s 133A of the Income Tax Act, 1961 in the case of assessee. Penalty proceedings are initiated separately u/s 271

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

unexplained investment. This discrepancy would not have come to notice without survey u/s 133A of the Income Tax Act, 1961 in the case of assessee. Penalty proceedings are initiated separately u/s 271

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

unexplained investment. This discrepancy would not have come to notice without survey u/s 133A of the Income Tax Act, 1961 in the case of assessee. Penalty proceedings are initiated separately u/s 271

INCOME TAX OFFICER, WARD-1(1), KOLHAPUR, KOLHAPUR vs. AJARA MERCHANTS CO-OP. CREDIT SOCIETY LTD., AJARA, KOLHAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1138 & 1693/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ito, Ward-1(1), Kolhapur. Vs. Ajara Merchants Co-Op. Credit Society Ltd., Main Branch, Nalawade Building, Main Road, Ajara, Kolhapur- 416505. Pan : Aadca1779J Appellant Respondent Revenue By Shri Ramnath P. Murkunde : Assessee By : Shri Pramod S. Shingte Date Of Hearing : 28.08.2025 Date Of Pronouncement : 28.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 23.03.2024 & 13.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. First We Shall Take Up The Quantum Appeal I.E Ita No.1138/Pun/2024 For Adjudication.

unexplained investment u/s 69 of the IT Act. Penalty u/s 271F, 271(1)(b) and 271(1)(c) of the IT Act were

INCOME TAX OFFICER, WARD-1(1), KOLHAPUR, KOLHAPUR vs. AJARA MERCHANTS CO-OP. CREDIT SOCIETY LTD., AJARA, AJARA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1138 & 1693/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ito, Ward-1(1), Kolhapur. Vs. Ajara Merchants Co-Op. Credit Society Ltd., Main Branch, Nalawade Building, Main Road, Ajara, Kolhapur- 416505. Pan : Aadca1779J Appellant Respondent Revenue By Shri Ramnath P. Murkunde : Assessee By : Shri Pramod S. Shingte Date Of Hearing : 28.08.2025 Date Of Pronouncement : 28.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Revenue Are Directed Against The Separate Orders Dated 23.03.2024 & 13.06.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. First We Shall Take Up The Quantum Appeal I.E Ita No.1138/Pun/2024 For Adjudication.

unexplained investment u/s 69 of the IT Act. Penalty u/s 271F, 271(1)(b) and 271(1)(c) of the IT Act were

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

RAVINDRA GAMBHIR PATIL,JALGAON vs. THE INCOME TAX OFFICER, WARD-2(3), JALGAON

Appeals are ALLOWED FOR STATISTCIAL PURPOSE in aforestated terms

Bench: Shri S S Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 423 To 425/Pun/2023 निर्धारण वर्ा / Assessment Year : 2011-12 Ravindra Gambhir Patil, At Post Changdev, Tal-Muktainagar, Jalgaon - 425 306 Pan: Angpp1849K . . . . . . . अपऩलधथी / Appellant बनाम / V/S Income Tax Officer, Ward - 2(4) Jalgaon . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Pramod Shingte Revenue By : Dr. Kalpesh Rupavatiya सपिवधई की तधरऩख / Date Of Conclusive Hearing : 30/05/2023 घोर्णध की तधरऩख / Date Of Pronouncement : 30/05/2023 आदेश / Order Per Bench; These Bunch Of Three Appeals Of The Assessee For The Assessment Year [For Short “Ay”] 2011-12 Is Assailed Against The First Appellate Order Of National Faceless Appeal Centre, Delhi [For Short “Cit(A) /Nfac”] Dt. 13/02/2023 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”]

unexplained investment u/s 69 of the Act. 3.3 When assessee failed to represent his case in consequential penal proceedings, the Ld. AO culminated both penal proceedings by an order of even dt. 14/06/2019 imposing a minimum penalty of ₹41,62,290/- u/s 271

RAVINDRA GAMBHIR PATIL,JALGAON vs. THE INCOME TAX OFFICER, WARD-2(4), JALGAON

Appeals are ALLOWED FOR STATISTCIAL PURPOSE in aforestated terms

Bench: Shri S S Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 423 To 425/Pun/2023 निर्धारण वर्ा / Assessment Year : 2011-12 Ravindra Gambhir Patil, At Post Changdev, Tal-Muktainagar, Jalgaon - 425 306 Pan: Angpp1849K . . . . . . . अपऩलधथी / Appellant बनाम / V/S Income Tax Officer, Ward - 2(4) Jalgaon . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Pramod Shingte Revenue By : Dr. Kalpesh Rupavatiya सपिवधई की तधरऩख / Date Of Conclusive Hearing : 30/05/2023 घोर्णध की तधरऩख / Date Of Pronouncement : 30/05/2023 आदेश / Order Per Bench; These Bunch Of Three Appeals Of The Assessee For The Assessment Year [For Short “Ay”] 2011-12 Is Assailed Against The First Appellate Order Of National Faceless Appeal Centre, Delhi [For Short “Cit(A) /Nfac”] Dt. 13/02/2023 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”]

unexplained investment u/s 69 of the Act. 3.3 When assessee failed to represent his case in consequential penal proceedings, the Ld. AO culminated both penal proceedings by an order of even dt. 14/06/2019 imposing a minimum penalty of ₹41,62,290/- u/s 271

RAVINDRA GAMBHIR PATIL,JALGAON vs. THE INCOME TAX OFFICER, WARD-2(4), JALGAON

Appeals are ALLOWED FOR STATISTCIAL PURPOSE in aforestated terms

Bench: Shri S S Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 423 To 425/Pun/2023 निर्धारण वर्ा / Assessment Year : 2011-12 Ravindra Gambhir Patil, At Post Changdev, Tal-Muktainagar, Jalgaon - 425 306 Pan: Angpp1849K . . . . . . . अपऩलधथी / Appellant बनाम / V/S Income Tax Officer, Ward - 2(4) Jalgaon . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Pramod Shingte Revenue By : Dr. Kalpesh Rupavatiya सपिवधई की तधरऩख / Date Of Conclusive Hearing : 30/05/2023 घोर्णध की तधरऩख / Date Of Pronouncement : 30/05/2023 आदेश / Order Per Bench; These Bunch Of Three Appeals Of The Assessee For The Assessment Year [For Short “Ay”] 2011-12 Is Assailed Against The First Appellate Order Of National Faceless Appeal Centre, Delhi [For Short “Cit(A) /Nfac”] Dt. 13/02/2023 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”]

unexplained investment u/s 69 of the Act. 3.3 When assessee failed to represent his case in consequential penal proceedings, the Ld. AO culminated both penal proceedings by an order of even dt. 14/06/2019 imposing a minimum penalty of ₹41,62,290/- u/s 271

S K BHANSALI & ASSOCIATES,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE, PUNE

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

u/s. 271(l)(c) may be declared null and void. 3 I.T.A.No. 1320/PUN./2023 5. Without prejudice to the above grounds, the assessee submits that the addition made of Rs.1,42,65,106/- on account of alleged cash paid to Tapadiya group for purchase of land is not warranted at all and hence, no penalty can be levied

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, 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

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