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

56. Before us, Ld. A.R. submitted that, here the revenue used some information was gathered from the seized material from the premises of the persons searched as has been mentioned by the CIT (A) in his appellate order and also in reasons recorded in para 2 (supra) that the fact that assessee taken accommodation entry of bogus LTCG was found

MAHATMA GANDHI NAGRI SAHAKARI PAT SANSTHA MYDT UDGIR,LATUR vs. INCOME TAX OFFICER- WARD 1 -LATUR, LATUR

In the result, the appeal of the assessee is allowed

vii) This issue has been addressed in KatlaryKariyana, supra by Hon\nGujarat HC:\nPara 6: KatlaryKariyana\n5. Learned senior advocate Mr. Bhatt has further taken this\nCourt to the order passed by the Assistant Commissioner of\nIncome Tax Circle, Himmatnagar, while disposing of the\nobjections filed by the assessee against the reassessment\nproceedings under Section 147 and has strenuously submitted

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

reassessment proceedings, simply to verify the contents of the return, unlike before it was vested in him in making regular assessment. It was found, that the time limit available for issuance of notice and making assessment under Sec.143(3) had expired, but then, on that count, he cannot assume the jurisdiction by venturing to make assessment under Sec.148. Even after

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

MAHATMA GANDHI NAGRI SAHAKARI PAT SANSTHA MYDT UDGIR,LATUR vs. INCOME TAX OFFICER- WARD 1 -LATUR, LATUR

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

vii) This issue has been addressed in KatlaryKariyana, supra by Hon Gujarat HC: Para 6: KatlaryKariyana 5. Learned senior advocate Mr. Bhatt has further taken this Court to the order passed by the Assistant Commissioner of Income Tax Circle, Himmatnagar, while disposing of the objections filed by the assessee against the reassessment proceedings under Section 147 and has strenuously submitted

SHARADCHANDRA NAGARI SAHAKARI PATSANSTHA MARYADIT,PUNE vs. ITO WARD 10(1), PUNE

In the result, appeal of the assessee is allowed

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1068/Pun/2025 िनधा"रण वष" / Assessment Year: 2011-12 Sharadchandra Nagari Sahakari V The Income Tax Officer, Patsanstha Maryadit, S Ward-10(1), Pune. At Post–Rajuri, Taluka–Junnar, Dist. Pune – 412411. Maharashtra. Pan: Aaabs1016L Appellant/ Assessee Respondent / Revenue Assessee By Shri Abhay Avachat – Ar Revenue By Shri Dayanand Jawalikar – Jcit(Dr) Date Of Hearing 12/06/2025 Date Of Pronouncement 18/06/2025

56 and the Id. CIT A erred in confirming the said treatment of AO. 4. The assessee prays to allow deduction of proportionate expenses u/s 57 if it is ultimately decided to tax the bank interest. 5. The AO and CIT A has erred in not following judgements of appellate forums including high court and supreme court. 6. The reassessment

DAIMLER CHRYSLER INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the cross objection of the assessee is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

vii) Cash payment 40A(3) 51,622 viii) Custom duty payable 4,15,19,739 ix) Provision for bad debts 1,08,67,587 x) Provision for write off on 19,13,60,149 material/finish goods √ xi) Excess interest provision reversed 1,72,87,043 xii) Donation 35,500 xiii) Stamp/Registration charges on 68,47,448 increase in share capital

DEPUTY COMMISSIONER OF INCOME-TAX vs. DAIMLER CHRYSLER INDIA PVT. LTD.,, PUNE

In the result, the cross objection of the assessee is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

vii) Cash payment 40A(3) 51,622 viii) Custom duty payable 4,15,19,739 ix) Provision for bad debts 1,08,67,587 x) Provision for write off on 19,13,60,149 material/finish goods √ xi) Excess interest provision reversed 1,72,87,043 xii) Donation 35,500 xiii) Stamp/Registration charges on 68,47,448 increase in share capital

MERCEDES - BENZ INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं./ Ita No. 1865/Pun/2013 यनधाारण वषा / Assessment Year : 1999-2000 Mercedes Benz India Private Limited. ( Formerly Known As Daimler Chrysler India Private Limited) E-3, Midc Chakan, Phase-Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal : Khed, Pune-410 501. Pan : Aabcm 1789L .......अऩीऱाथी / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-9, Pune. ……प्रत्यथी / Respondent

56 & 570f the Paper Book): "(a) a lump sum consideration of OM 56.6 million Deutsche Mark net of taxes 4 A.Y.1999-2000 Payable in four installments as follows: (i) OM 18.8 million one month after effectiveness of this agreement (ii) OM 18.8 million upon handing over of technical product documentation as per Article 3, however, not earlier than April

ASHOK BHARTI GOSWAMI,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

In the result, all the appeals filed by the respective assessees are allowed

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

vii. Searched person (Shri Yuvraj Dhamale) had not only accepted that payment in cash was collected as unaccounted part consideration for sale of flat but also offered the same as undisclosed income before the Hon'ble Income Tax Settlement Commission. 4.2.2 The evidence as mentioned above is also corroborated with the statement of the key person of the Dhamale Group

CHITRA NARENDRA PARMAR ,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

In the result, all the appeals filed by the respective assessees are allowed

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

vii. Searched person (Shri Yuvraj Dhamale) had not only accepted that payment in cash was collected as unaccounted part consideration for sale of flat but also offered the same as undisclosed income before the Hon'ble Income Tax Settlement Commission. 4.2.2 The evidence as mentioned above is also corroborated with the statement of the key person of the Dhamale Group

RAMANLAL BHIKULAL SHAH,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

In the result, all the appeals filed by the respective assessees are allowed

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

vii. Searched person (Shri Yuvraj Dhamale) had not only accepted that payment in cash was collected as unaccounted part consideration for sale of flat but also offered the same as undisclosed income before the Hon'ble Income Tax Settlement Commission. 4.2.2 The evidence as mentioned above is also corroborated with the statement of the key person of the Dhamale Group

RAMLAL BHIKULAL SHAH,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

In the result, all the appeals filed by the respective assessees are allowed

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

vii. Searched person (Shri Yuvraj Dhamale) had not only accepted that payment in cash was collected as unaccounted part consideration for sale of flat but also offered the same as undisclosed income before the Hon'ble Income Tax Settlement Commission. 4.2.2 The evidence as mentioned above is also corroborated with the statement of the key person of the Dhamale Group

CHITRA NARENDRA PARMAR,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), PUNE, PUNE

In the result, all the appeals filed by the respective assessees are allowed

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

vii. Searched person (Shri Yuvraj Dhamale) had not only accepted that payment in cash was collected as unaccounted part consideration for sale of flat but also offered the same as undisclosed income before the Hon'ble Income Tax Settlement Commission. 4.2.2 The evidence as mentioned above is also corroborated with the statement of the key person of the Dhamale Group

POONAWALLA SHARES & SECURITIES PVT.LTD,PUNE vs. ASSISTANT COMMISSIONER OF WEALTH-TAX, CIRCLE-4, PUNE

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.380/Pun/2020 िनधा"रण वष" / Assessment Year : 2016-17 Poonawalla Shares & Securities The Assistant Pvt. Ltd., Vs Commissioner Of Income 16-B,/1, Sarosh Bhavan, Tax, Dr.Ambedkar Road, Circle-4, Pune. Pune – 411001 Pan: Aaacp 6087 H Appellant/ Assessee Respondent /Revenue Assessee By Shri Percy Pardiwala – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 08/07/2022 Date Of Pronouncement 29/07/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2016-17 Is Directed Against The Commissioner Of Income Tax(Appeals)-3, Pune’S Order Dated 11.12.2019 Passed In Case No.Pn/Cit(A)-3/Cir 4/193/2018-19/428, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001.]” 5.5 If the provisions of law contained under section 14A and diction of section 14A is perused

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

reassessment,\nshould the law otherwise permit it, and if the circumstances justify it. We have\nquashed the impugned notices only because they were issued to a non- existing\ncompany or entity despite the respondents' knowledge of its non-existence. All\ncontentions in this regard are left open because we have not addressed them in\nthis order.\"\n30.\nThe various other

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

In the result, all the appeals filed by the respective assessees are allowed

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

vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever, the AO found the provisions of section 269SS/269T are violated, separate proposal for initiation of penalty proceedings u/s 271D/271E should be submitted. (ix) Wherever necessary, the AO shall forward 3rd party information to the AO of such party. (x) That

AMOL PRAMOD MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK

In the result, all the appeals filed by the respective assessees are allowed

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

vii) The computation interest u/s 234A, 234B, 234C will be a part of the assessment order itself. (viii) Wherever, the AO found the provisions of section 269SS/269T are violated, separate proposal for initiation of penalty proceedings u/s 271D/271E should be submitted. (ix) Wherever necessary, the AO shall forward 3rd party information to the AO of such party. (x) That