BAJAJ HOUSING FINANCE LIMITED,PUNE vs. ITO, WARD-8(1), PUNE, PUNE

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

Bench: Dr.Manish Borad

reassessed has the effect of reducing the loss or converting such loss into income. 11. The assessees case would fall only in clause (g) of Section 270A(2) of the Act as the ultimate assessment had the effect of reducing the loss retuned by the assessee. It was further pointed out that under reporting of income has got certain exceptions

SHAMKANT KESHAV KOTKAR (PROP. NANDAN BUILDERS),PUNE vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), PUNE

In the result, appeal of the assessee is allowed

Bench: SHRI VINAY BHAMORE (Judicial Member)

125/-. The Assessee‟s case was selected for complete scrutiny through CASS. Accordingly, the Assessing Officer-Assistant Commissioner of Income Tax, Circle-2, Pune issued various notices. Assessee filed relevant details. The Assessing Officer passed an 8 assessment order u/s.143(3) for A.Y.2017-18 on 12.12.2019 accepting ITA No.1358/PUN/2025 [A] the returned income. It is mentioned in the assessment order that

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

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

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

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

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

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

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

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

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

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

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

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

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

AKTIEBOLAGET TETRA PAK,PUNE vs. ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), PUNE

In the result, both the appeals are allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.265 & 211/Pun/2021 िनधा"रण वष" / Assessment Years : 2012-13 & 2013-14

section after expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. The assessment year under consideration is 2012-13. Original assessment u/s.143

AKTIEBOLAGET TETRA PAK,PUNE vs. ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), PUNE

In the result, both the appeals are allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.265 & 211/Pun/2021 िनधा"रण वष" / Assessment Years : 2012-13 & 2013-14

section after expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment by reason of failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. The assessment year under consideration is 2012-13. Original assessment u/s.143

M/S MANILAL P. SAVLA & COMPANY,PUNE vs. ACIT, CIRCLE 5 , PUNE

In the result, the appeal of the assessee is allowed

section 189 of\nthe Act and upholding the impugned assessment order in case of a dissolved\nfirm for the relevant AY 2017-18 i.e. post dissolution when the firm is not even\nin existence.\n6. The Ld. DR, on the other hand, strongly supported the order of the Ld.\nAO and the Ld. CIT(A)/NFAC.\n7. We have heard

M/S MANILAL P. SAVLA & COMPANY,PUNE vs. ACIT, CIRCLE 5, PUNE

In the result, the appeal of the assessee is allowed

section 189 of\nthe Act and upholding the impugned assessment order in case of a dissolved\nfirm for the relevant AY 2017-18 i.e. post dissolution when the firm is not even\nin existence.\n6.\nThe Ld. DR, on the other hand, strongly supported the order of the Ld.\nAO and the Ld. CIT(A)/NFAC.\n7.\nWe have heard

VAISHALI KESHAV KULKARNI,PUNE vs. ITO WARD 13(2), PUNE

In the result the Grounds Numbers 2, 3 and 4 raised by the assessee are allowed

reassessment proceedings under section 147, 148 and 148A of the Act, should be done in a faceless manner.\n4. During the course of assessment, the Ld. A. O. accepted the fact that the sale transaction was not of Rs.3,60,00,000/- as reported by the Insight Portal, but of Rs.1,20,00,000/- as per the document provided

AGARWAL GROUP CORPORATE HOLDING P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1666/Pun/2015 यििाारण वषा / Assessment Year : 2007-08 Shri Brijendra Nath Agarwal, Mzsk & Associates, Chartered Accountants Level 3, Business Bay, Plot No.84, Wellesley Road, अऩीऱाथी/Appellant Near Rto, Pune – 411001 …. Pan: Aawpa9005D Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Central Circle 2(1), Pune

reassessment proceedings got abated on issue of notice under section 153A(i) of the Act. It further be held that the Hon'ble CIT(A) erred in concluding that issue of notice u/s 153A(i) for the year under consideration is void-ab-initio. The assessment framed by the AO and that confirmed

BRIJENDRA NATH AGARWAL,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1666/Pun/2015 यििाारण वषा / Assessment Year : 2007-08 Shri Brijendra Nath Agarwal, Mzsk & Associates, Chartered Accountants Level 3, Business Bay, Plot No.84, Wellesley Road, अऩीऱाथी/Appellant Near Rto, Pune – 411001 …. Pan: Aawpa9005D Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Central Circle 2(1), Pune

reassessment proceedings got abated on issue of notice under section 153A(i) of the Act. It further be held that the Hon'ble CIT(A) erred in concluding that issue of notice u/s 153A(i) for the year under consideration is void-ab-initio. The assessment framed by the AO and that confirmed

MR VIKAS JAYRAM BHUKAN,PUNE vs. ITO WARD 12(3), PUNE

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2483/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Mr. Vikas Jayram Bhukan, Vs. Ito, Ward-12(3), Pune. Survey No.34, House No.80, Azad Chowk, Opposite Ramma, Lohegaon, Near Gram Panchayat, Pune- 411047. Pan : Alqpb0811K Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By : Shri Kumar Manish Singha Date Of Hearing : 08.04.2025 Date Of Pronouncement : 30.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstance Prevailing In The Case & As Per Provisions & Scheme Of The Act It Be Held That The Notice For Levy Of Penalty Was Defective Since No Specific Charge Of Violation, Was Made Out In The Notice & Thus The Consequent Penalty So Levied Be Kindly Deleted.

reassessment shall be deemed to constitute satisfaction of the Assessing Officer for initiation of the penalty proceeding under the said clause (c). In the present set of facts the Assessing Officer has noted in the assessment order the concealment of particulars of income by the respondent/assessee. Notices were also directed to be issued as has been observed in the assessment

M/S. GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee in assessment year 2010-11 is allowed and appeal of assessee in assessment year 2011-12 is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1807/Pun/2016 यििाारण वषा / Assessment Year : 2010-11 M/S. Gera Developments Pvt. Ltd., 200, Gera Plaza, Boat Club Road, अऩीऱाथी/Appellant Pune – 411001 …. Pan: Aaacg6703F Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 1(2), Pune

reassessment is liable to be quashed and set aside.” ITA Nos.1807 & 1808/PUN/2016 3 M/s. Gera Developments P Ltd. 4. Briefly, in the facts of the case, original assessment was completed under section 143(3) of the Act on 28.03.2013 and deduction under section 80IB of the Act was disallowed in the hands of assessee and income was computed

M/S. GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee in assessment year 2010-11 is allowed and appeal of assessee in assessment year 2011-12 is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1807/Pun/2016 यििाारण वषा / Assessment Year : 2010-11 M/S. Gera Developments Pvt. Ltd., 200, Gera Plaza, Boat Club Road, अऩीऱाथी/Appellant Pune – 411001 …. Pan: Aaacg6703F Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 1(2), Pune

reassessment is liable to be quashed and set aside.” ITA Nos.1807 & 1808/PUN/2016 3 M/s. Gera Developments P Ltd. 4. Briefly, in the facts of the case, original assessment was completed under section 143(3) of the Act on 28.03.2013 and deduction under section 80IB of the Act was disallowed in the hands of assessee and income was computed