INCOME TAX OFFICER, PUNE vs. SAGAR CONSTRUCTION COMPANY, PUNE

In the result, the appeal filed by the Revenue is dismissed and the CO filed by the assessee is allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

reassessment, if any, relating to any assessment year falling within the period of six assessment years and for the relevant assessment year or years referred to in this sub- section pending on the date of initiation of the search under section 40

ASHOK DHANRAJ CHORDIA ,PUNE vs. PCIT, PUNE-1, PUNE

40,00,000/- were allegedly taken by the assessee from one Sachin Nahar.", "held": "The Tribunal held that the initiation of proceedings under Section 147 was not valid as the proper course of action should have been Section 153C, given that the information originated from a search and seizure action. The PCIT's order invoking Section 263 was therefore infructuous

DCIT CIRCLE 1 NASHIK, NASHIK vs. SHREE SAI PROPERTIES, NASHIK

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

reassessment under Sections 139, 147, 148, 149, 151 & 153. 28. The language of explanation 2 to new Section 148 is akin to Section 153A and Section 153C Corollary being that after seizing of operational period of Section 153A to 153D. the cases being dealt thereunder were circumscribed in the scope of newly substituted Section 148." We are in complete agreement

JOHN DEERE EQUIPMENT PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

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.1163/Pun/2017 यििाारण वषा / Assessment Year : 2008-09 John Deere Equipment Pvt. Ltd., (Now Merged With John Deere India Pvt. Ltd.) Tower Xiv, Cybercity, Magarpatta City, Hadapsar, अऩीऱाथी/Appellant Pune – 411028 …. Pan: Aaacl7331A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 14, Pune

reassessment u/s. 147 be declared null and void. 2] The learned CIT(A) erred in confirming the disallowance of Rs.12,837,828/- u/s. 40(a)(i) of the Act in respect of information system charges and telecommunication expenses debited by the assessee without appreciating that no disallowance was warranted on facts of the case. ITA Nos.1163 & 1164/PUN/2017 3 John Deere

JOHN DEERE INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

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.1163/Pun/2017 यििाारण वषा / Assessment Year : 2008-09 John Deere Equipment Pvt. Ltd., (Now Merged With John Deere India Pvt. Ltd.) Tower Xiv, Cybercity, Magarpatta City, Hadapsar, अऩीऱाथी/Appellant Pune – 411028 …. Pan: Aaacl7331A Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 14, Pune

reassessment u/s. 147 be declared null and void. 2] The learned CIT(A) erred in confirming the disallowance of Rs.12,837,828/- u/s. 40(a)(i) of the Act in respect of information system charges and telecommunication expenses debited by the assessee without appreciating that no disallowance was warranted on facts of the case. ITA Nos.1163 & 1164/PUN/2017 3 John Deere

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2,, NASHIK vs. M/S. ZEAL INFRA PROJECTS PRIVATE LIMITED,, NASHIK

In the result, the appeal of Revenue is dismissed

Bench: Shri Anil Chaturvedi

section 40(a)(ia) therefore, it was not an allowable expenses. Hence, the AO reopened the assessment proceeding u/s 147 of the IT Act after obtaining approval from the concerned authority. In response to notice issued u/s 148 dated 25.02.2016, the appellant filed return of income on 14.03.2016 declaring total income of Rs. 41,680/-. During the reassessment

RAJDEEP BUILDCOM PRIVATE LIMITED,AHMEDNAGAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(2), PUNE, PUNE

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

40, 41, 44, 47, 50/2012 and D.B Income tax Appeal No 7/2016) wherein the Hon'ble Court upheld the proposition that returns of income filed in response to notice u/s 153A are a consequence of search action taken under section 132 on the assessee These proceedings are analogous to proceedings under section 147 i.e. reassessment

RAJDEEP BUILDCON PRIVAT LIMITED, AHMEDNAGAR,AHMEDNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), PUNE, PUNE

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

40, 41, 44, 47, 50/2012 and D.B Income tax Appeal No 7/2016) wherein the Hon'ble Court upheld the proposition that returns of income filed in response to notice u/s 153A are a consequence of search action taken under section 132 on the assessee These proceedings are analogous to proceedings under section 147 i.e. reassessment

RAJDEEP BUILDCON PVT LTD, AHMEDNAGAR,AHMEDNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), PUNE, PUNE

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

40, 41, 44, 47, 50/2012 and D.B Income tax Appeal No 7/2016) wherein the Hon'ble Court upheld the proposition that returns of income filed in response to notice u/s 153A are a consequence of search action taken under section 132 on the assessee These proceedings are analogous to proceedings under section 147 i.e. reassessment

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRADHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

reassessed or recomputed in a preceding order. (11) No addition or disallowance of an amount shall form the basis for imposition of penalty, if such addition or disallowance has formed the basis of Imposition of penalty in the case of the person for the same or any other assessment year. (12) The penalty referred to in sub-section (1) shall

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRAHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

reassessed or recomputed in a preceding order. (11) No addition or disallowance of an amount shall form the basis for imposition of penalty, if such addition or disallowance has formed the basis of Imposition of penalty in the case of the person for the same or any other assessment year. (12) The penalty referred to in sub-section (1) shall

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 7 PUNE, PUNE vs. KOLTE PATIL INTEGRATED TOWNSHIPS LIMITED, PUNE

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

40,87,421/- (i.e. opening WIP of Rs.361,84,35,789 cost incurred during\nthe year of Rs.327,42,32,668 closing WIP of Rs.396,30,86,527 CENVAT credit of\nRs.10,54,94,659) on cost of sales (construction) during the year and it is exclusive\nof finance cost. Further, It is noticed that the assessee had debited entire

SATISH VISHNU THOMBARE, INCOME TAX OFFICER, WARD-1, AHMEDNAGAR, AHMEDNAGAR vs. VARSHA PRAFULLA ZENDE, AHMEDNAGAR

In the result, the appeal of the Revenue is dismissed

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1656/Pun/2024 धििाारण वर्ा / Assessment Year : 2010-11 Satish Vishnu Thombare, Varsha Prafulla Zende, Income Tax Officer, Prop Of Bleach Chem Enterprises, Ward-1, Ahmednagar Vs. Industrial Estate, Shrirampur, Maharashtra-413709 Pan : Aabpz2541C अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Miss Shivani Shah (Virtual) Department By : Shri Akhilesh Srivastva Date Of Hearing : 06-08-2025 Date Of 29-10-2025 Pronouncement : आदेश / Order

section 151 of the Act. He submitted that the notice u/s 148 of the Act was issued on 31.03.2017 by relying on the reason recorded provided by the Ld. AO vide letter dated 29.05.2017. The Ld. AO also provided a copy of the approval of the PCIT- 1, Pune to the assessee which contained the letter No. PN/Pr.CIT- 1/u/s148/VPZ

ASSTT. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, PUNE vs. ZEAL EDUCATION SOCIETY, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri Manish Borad & Ms. Astha Chandra

40,60,509/- as against the income of Rs. 58,75,26,422/-. The assessee contended before the Ld.AO that non-application of income u/s 11(1)(a) of the Act is within the permissible limit of 15%. The assessee also contended that even otherwise, the assessee inadvertently claimed excess application of income to the extent

SUNANDA CONSTRUCTIONS,PUNE vs. DCIT, CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

40 (Mad) and he has relied on some other decisions. He submitted that when there is no decision of jurisdictional Hon’ble High Court on an issue and there are conflicting decisions of different Hon’ble High Courts, then in that case the view which is in favour of the assessee has to be adopted. For the above proposition

SUNAND CONSTRUCTIONS,PUNE vs. DCIT CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

40 (Mad) and he has relied on some other decisions. He submitted that when there is no decision of jurisdictional Hon’ble High Court on an issue and there are conflicting decisions of different Hon’ble High Courts, then in that case the view which is in favour of the assessee has to be adopted. For the above proposition

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)

40(a)(i) of the Act. 8. The Principal Commissioner of Income Tax(Central)[Pr.CIT], Pune on perusal of the records, invoked jurisdiction u/s.263 of the 9 ITA No.1358/PUN/2025 [A] Act. The Pr.CIT issued Show cause notice to the Assessee dated 30.05.2024 u/s.263 of the Act, which is reproduced here as under : “02. In the above mentioned case, on verification

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1, AURANGABAD vs. WOCKHARDT LTD.,, PUNE

In the result, the appeal is dismissed

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपील सं. / Ita No.774/Pun/2019 िनधा"रण वष" / Assessment Years : 2010-11

reassessment are reproduced as under: “A survey u/s.133A(2A) of the IT Act, 1961 was conducted on the premises of the assessee M/s. Wockhardt Ltd. on 14/02/2017 for the purpose of verification of compliance to 3 Wockhardt Ltd., the provisions of the Chapter XVIIB of the Act by the DCIT(TDS)-2(3), Mumbai. Based on the information shared

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-7, PUNE vs. PAN INTERNATIONAL, PUNE

Bench: Hon’Ble Shri S. S. Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.175/Pun/2020 & Co No. 23/Pun/2022 धििाारण वर्ा / Assessment Year : 2008-2009 Dy. Commissioner Of Income Tax, Circle-7, Pune . . . . . . . अपीलार्थी / Appellant बिाम / V/S. Pan International, 347, Afl House, Off Dhole Patil Rd, Behind Hotel Meru, Pune – 411 001 . . . . . . . प्रत्यर्थी / Respondent Pan: Aabfp4234F & Cross Objector द्वारा / Appearances Assessee By : Shri Sharad Vaze Revenue By : Shri M. G. Jasnani सुनवाई की तारीख / Date Of Conclusive Hearing : 09/12/2022 घोषणा की तारीख / Date Of Pronouncement : 09/12/2022 आदेश / Order Per G. D. Padmahshali, Am; The Revenue Challenges The Order Of Commissioner Of Income Tax (Appeals)-8, Pune [For Short “Cit(A)”] Dt. 06/11/2019 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”] Quashing The Order Of Assessment Dt. 10/03/2014 Passed U/S 143(3) R.W.S. 147 By The Dy. Commissioner Of Income Tax, Circle 1(2), Pune[For Short “Ao”] For The Assessment Year [For Short “Ay”] 2008-09 On Technical-Cum-Legal Ground.

reassessment proceeding is saved by section 292BB of the Act? 3. Before taking up the grounds for adjudication, let us first voice the facts emanating from case records are; 3.1 The assessee is a resident firm engaged in the business of manufacturing of machined components and exports thereof and trading in glass epoxy-sheets and machine tools etc., which filed