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

220 were received. The letter dated 02/09/2022 came out of the blue 2. Levy u/s 234E came info force from 01.06.2015. It was not retrospective but proscriptive. It was only after the receipt of the letter dated 02/09/2022 that the Appellant went to the traces site and realized that levy for late filing of return u/s 234 had been charged

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

220 were received. The letter dated 02/09/2022 came out of the blue 2. Levy u/s 234E came info force from 01.06.2015. It was not retrospective but proscriptive. It was only after the receipt of the letter dated 02/09/2022 that the Appellant went to the traces site and realized that levy for late filing of return u/s 234 had been charged

M/S. SHANTI CONSTRUCTION COMPANY,RATNAGIRI vs. INCOME-TAX OFFICER, WARD-2, RATNAGIRI

Bench: Shri Ss Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 374 & 375/Pun/2020 निर्धारण वर्ा / Assessment Year : 1999-2000 M/S Shanti Construction Company Ram Lane, Ratnagiri. . . . . . . . अपीऱधर्थी / Appellant Pan : Abhfs1628N बनाम / V/S. Income Tax Officer, . . . . . . . प्रत्यर्थी / Respondent Ward-2, Ratnagiri. द्वारा / Appearances Assessee By : None For The Assessee. Revenue By : Shri M. G. Jasnani. सुनवाई की तारीख / Date Of Conclusive Hearing : 08/09/2022 घोषणा की तारीख / Date Of Pronouncement : 08/09/2022 आदेश / Order Per G. D. Padmahshali, Am; Two Appeals Of The Assessee Are Assailed Against The Orders Of The Commissioner Of Income Tax (Appeals)-2, Kolhapur [For Short “Cit(A)”] Dt. 30/01/2020 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Ascended Out Of Separate Orders Of Income Tax Officer Ward-2, Ratnagiri [For Short “Ao”] Dt. 26/12/2011 & 11/09/2015 Passed U/S 143(3) & 220(2) Respectively, For Assessment Year [For Short “Ay”] 1999-2000. Itat-Pune Page 1 Of 16

reassessment or re-computation pursuant to direction u/s 254 is governed by the provisions of section 153(3) of the Act, which reads as; (3) Notwithstanding anything contained in sub-section (1) and (2), an order fresh assessment in pursuance of any order under section 254 or section 263 or section 264, setting aside or cancelling an assessment

M/S. SHANTI CONSTRUCTION COMPANY,RATNAGIRI vs. INCOME-TAX OFFICER, WARD-2, RATNAIRI

Bench: Shri Ss Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 374 & 375/Pun/2020 निर्धारण वर्ा / Assessment Year : 1999-2000 M/S Shanti Construction Company Ram Lane, Ratnagiri. . . . . . . . अपीऱधर्थी / Appellant Pan : Abhfs1628N बनाम / V/S. Income Tax Officer, . . . . . . . प्रत्यर्थी / Respondent Ward-2, Ratnagiri. द्वारा / Appearances Assessee By : None For The Assessee. Revenue By : Shri M. G. Jasnani. सुनवाई की तारीख / Date Of Conclusive Hearing : 08/09/2022 घोषणा की तारीख / Date Of Pronouncement : 08/09/2022 आदेश / Order Per G. D. Padmahshali, Am; Two Appeals Of The Assessee Are Assailed Against The Orders Of The Commissioner Of Income Tax (Appeals)-2, Kolhapur [For Short “Cit(A)”] Dt. 30/01/2020 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Ascended Out Of Separate Orders Of Income Tax Officer Ward-2, Ratnagiri [For Short “Ao”] Dt. 26/12/2011 & 11/09/2015 Passed U/S 143(3) & 220(2) Respectively, For Assessment Year [For Short “Ay”] 1999-2000. Itat-Pune Page 1 Of 16

reassessment or re-computation pursuant to direction u/s 254 is governed by the provisions of section 153(3) of the Act, which reads as; (3) Notwithstanding anything contained in sub-section (1) and (2), an order fresh assessment in pursuance of any order under section 254 or section 263 or section 264, setting aside or cancelling an assessment

INCOME TAX OFFICER WARD-2 PANDHARPUR, PANDHARPUR vs. MOHOL NAGARI SAHAKARI PATPURVAGHA SANSTHA MARYADIT, MOHOL

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

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction

MOHOL NAGARI SAHAKARI PATPURVATHA SANSTHA MARYADIT,SOLAPUR vs. ITO WARD 2, PANDHARPUR

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

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction

INCOME TAX OFFICER WARD-2 PANDHARPUR, PANDHARPUR vs. MOHOL NAGARI SAHAKARI PATPURVATHA SANSTHA MARYADIT , MOHOL

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

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction

INCOME TAX OFFICER WARD-2 PANDHARPUR, PANDHARPUR vs. MOHOL NAGARI SAHAKARI PATPURAVATHA SASTHA MARYADIT, MOHOL

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

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction

MOHOL NAGARI SAHAKARI PATPURVATHA SANSTHA MARYADIT,SOLAPUR vs. ITO WARD 2, PANDHARPUR

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

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction

INCOME TAX OFFICER WARD-2 PANDHARPUR, PANDHARPUR vs. MOHOL NAGARI SAHAKARI PATPURAVATHA SANSTHA MARYADIT, MOHOL

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

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

section 80P(2)(a)(i) of the Act.” Unquote. 7. Similar View is taken by ITAT Pune in the case of Sant Motiram Maharaj Sahakari Pat Sanstha Ltd. Vs. ITO 186 ITD 220 (Pune - Trib.) [23-09- 2020]. 8. Thus, the ITAT has repeatedly held that interest earned by Cooperative credit Society from Cooperative bank is eligible for deduction

CHANDRAKANT GULABRAO BORDE,,PUNE vs. INCOME-TAX OFFICER, WARD - 13(1),, PUNE

In the result, appeal of the assessee is allowed

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

2. CIT Vs. Pritam Das Narang (2015) 94 CCH 0014 (Delhi High Court) 3. CIT Vs. Bigabass Maheshwari Sewa Samiti (2008) 220 CTR 369 4. Bakulbhai Ramanlal Patel Vs. ITO (2111) 79 CCH 0204 (Guj. High Court) 5. CIT Vs. Batra (2008) 76 CCH 0918 (Delhi High Court) 6. DIT Vs. M/s. S.R.M.B. Diary Farming (P) Ltd. (Supreme Court

DEEPAK KANTILAL JAIN,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

The appeal stands dismissed

Bench: Shri R. K. Panda & Shri Vinay Bhamore

reassessment under Section 153C of the Act has been specified as twelve months from the end of financial year during which the last authorisation to search under section 132 of the Act or requisition under section 132A of the Act, was executed.” 37. The Ld. Counsel for the assessee submitted that typically, the jurisdiction u/s 127 is assigned in favour

DEEPAK KANTILAL JAIN ,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

The appeal stands dismissed

Bench: Shri R. K. Panda & Shri Vinay Bhamore

reassessment under Section 153C of the Act has been specified as twelve months from the end of financial year during which the last authorisation to search under section 132 of the Act or requisition under section 132A of the Act, was executed.” 37. The Ld. Counsel for the assessee submitted that typically, the jurisdiction u/s 127 is assigned in favour

ADISH SHANTILAL SOLANKI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), PUNE, PUNE

Bench: Shri R. K. Panda & Shri Vinay Bhamore

reassessment under Section 153C of the Act has been specified as twelve months from the end of financial year during which the last authorisation to search under section 132 of the Act or requisition under section 132A of the Act, was executed.” 37. The Ld. Counsel for the assessee submitted that typically, the jurisdiction u/s 127 is assigned in favour

ASHISH RAMESH OSWAL,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

Bench: Shri R. K. Panda & Shri Vinay Bhamore

reassessment under Section 153C of the Act has been specified as twelve months from the end of financial year during which the last authorisation to search under section 132 of the Act or requisition under section 132A of the Act, was executed.” 37. The Ld. Counsel for the assessee submitted that typically, the jurisdiction u/s 127 is assigned in favour

SHARAD BHASKARRAO GAIKWAD,NASHIK vs. INCOME TAX OFFICER, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.918/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Sharad Bhaskarrao The Income Tax Officer, Gaikwad, V Nashik. T No.1, Vanai Apartment, S Gangapur Road, Behind Kulswamini Apartment, Nashik – 422005. Pan: Adspg2339R Appellant / Assessee Respondent / Revenue Miss Abhilasha Sanjay Pawar – Ar Assessee By Revenue By Shri Sourabho Nayak – Addl.Cit Date Of Hearing 14/02/2024 Date Of Pronouncement 06/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Under Section 250 Of The Income Tax Act, 1961 Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Dated 02.05.2023 For A.Y.2018-19 Emanating From Penalty Order Under Section 270A Of The Act, Dated 22.02.2022. The Assessee Has Raised Following Grounds Of Appeal : Sharad Bhaskarrao Gaikwad [A]

2) A person shall be considered to have under-reported his income, if— (a) the income assessed is greater than the income determined in the return processed under clause (a) of sub-section (1) of section 143; (b) the income assessed is greater than the maximum amount not chargeable to tax, where no return of income has been furnished

LEELAVATI VIJAYKUMAR KOTECHA,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee for assessment year 2012-13 is

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 1294 To 1297/Pun/2016 "नधा"रण वष" / Assessment Years : 2007-08, 2008-09, 2010-11, 2012-13

220/- was attributable to cash withdrawn from Jalgaon Janta Sahakari Bank Ltd. from time to time and thereafter the said cash was deposited in the same Bank Account and Rs.1,00,000/- was received by cheque from Sunil R Pawar and rejected by the Assessing Officer even during the remand proceedings. 4) In the facts and circumstances of the case

LEELAVATI VIJAYKUMAR KOTECHA,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee for assessment year 2012-13 is

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 1294 To 1297/Pun/2016 "नधा"रण वष" / Assessment Years : 2007-08, 2008-09, 2010-11, 2012-13

220/- was attributable to cash withdrawn from Jalgaon Janta Sahakari Bank Ltd. from time to time and thereafter the said cash was deposited in the same Bank Account and Rs.1,00,000/- was received by cheque from Sunil R Pawar and rejected by the Assessing Officer even during the remand proceedings. 4) In the facts and circumstances of the case