INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

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

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

152 taxmann.com 214, wherein, identical facts were present. It was held therein that, reapplication of mind is not permitted in a reassessment u/s 147. d) Absence of any new 'tangible material’ revealing from "reasons": Perusal of the "reasons" for reassessment reveals that, the very same data of price fluctuation of M/s Nivyah Infrastructure & Telecom Services Ltd along with the audited

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

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

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

152 taxmann.com 214, wherein, identical facts were present. It was held therein that, reapplication of mind is not permitted in a reassessment u/s 147. d) Absence of any new 'tangible material’ revealing from "reasons": Perusal of the "reasons" for reassessment reveals that, the very same data of price fluctuation of M/s Nivyah Infrastructure & Telecom Services Ltd along with the audited

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

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

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

152 taxmann.com 214, wherein, identical facts were present. It was held therein that, reapplication of mind is not permitted in a reassessment u/s 147. d) Absence of any new 'tangible material’ revealing from "reasons": Perusal of the "reasons" for reassessment reveals that, the very same data of price fluctuation of M/s Nivyah Infrastructure & Telecom Services Ltd along with the audited

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ATUL OMPRAKASH MANTRI, JALNA

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

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

152 taxmann.com 214, wherein, identical facts were present. It was held therein that, reapplication of mind is not permitted in a reassessment u/s 147. d) Absence of any new 'tangible material’ revealing from "reasons": Perusal of the "reasons" for reassessment reveals that, the very same data of price fluctuation of M/s Nivyah Infrastructure & Telecom Services Ltd along with the audited

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ATUL OMPRAKASH MANTRI, JALNA

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

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

152 taxmann.com 214, wherein, identical facts were present. It was held therein that, reapplication of mind is not permitted in a reassessment u/s 147. d) Absence of any new 'tangible material’ revealing from "reasons": Perusal of the "reasons" for reassessment reveals that, the very same data of price fluctuation of M/s Nivyah Infrastructure & Telecom Services Ltd along with the audited

INCOME TAX OFFICER, WARD -1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

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

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

152 taxmann.com 214, wherein, identical facts were present. It was held therein that, reapplication of mind is not permitted in a reassessment u/s 147. d) Absence of any new 'tangible material’ revealing from "reasons": Perusal of the "reasons" for reassessment reveals that, the very same data of price fluctuation of M/s Nivyah Infrastructure & Telecom Services Ltd along with the audited

INCOME TAX OFFICER, WARD 1, JALNA, JALNA vs. ASHISH OMPRAKASH MANTRI, JALNA

152 taxmann.com\n214, wherein, identical facts were present. It was held therein that,\nreapplication of mind is not permitted in a reassessment u/s 147.\nd) Absence of any new 'tangible material' revealing from \"reasons\":\nPerusal of the \"reasons\" for reassessment reveals that, the very same data\nof price fluctuation of M/s Nivyah Infrastructure & Telecom Services Ltd\nalong with the audited

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

147, therefore, the notice\nissued for A.Y. 2014-15 is bad in law.\n20.\nThe Ld. Counsel for the assessee in his yet another plank of argument\nsubmitted that for both the years, the learned Assessing Officer had initially issued\nnotice u/s 148 in June, 2021. Thereafter, in view of the decision of Hon'ble\nSupreme Court in the case

MAHATMA PHULE GRAMIN BIGARSHETI SAHAKAR PAT SANSTHA LTD,KOLHAPUR vs. PCIT-1, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Mahatma Phule Gramin Bigarsheti Pcit-1, Pune Sahakar Pat Sanstha Vs. A/P Hattiwade, Ajara, Kolhapur – 416505 Pan: Aaaam2608K (Appellant) (Respondent) Assessee By : None (Written Submission Filed) Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 09-12-2025 Date Of Pronouncement : 09-01-2026 O R D E R

reassessment, Assessing Officer ultimately comes to conclude that no additions or modifications are warranted under those heads, it would not be entitled to make any additions in respect of other items forming part of original return. 7 10. Relying on various other decisions, it has been mentioned that the Assessing Officer has no power to make additions beyond reason

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

u/s. 143(3) of the Income-tax Act, 1961 (hereinafter also called `the Act’) was completed on 28-03-2016. Thereafter, the AO issued notice u/s.148 dated 29-03-2019 on the ground that a sum of Rs.7,81,23,918/- declared by the assessee as non-taxable got accepted in the assessment as such, which ought to have been

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

u/s. 143(3) of the Income-tax Act, 1961 (hereinafter also called `the Act’) was completed on 28-03-2016. Thereafter, the AO issued notice u/s.148 dated 29-03-2019 on the ground that a sum of Rs.7,81,23,918/- declared by the assessee as non-taxable got accepted in the assessment as such, which ought to have been

JAYDEV MAHADEV ARYA,LATUR vs. ITO WARD 1, LATUR, LATUR

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

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

152/- was made in assessment year 2014-15 and Rs.2,93,29,287/- in assessment year 2015-16). 4. In appeal, the Ld. CIT(A) / NFAC upheld the action of the Assessing Officer by observing as under: “5. DETERMINATION: 5.1 Grounds of the appeal are directed against addition of Rs.32,25,000/- made vide assessment order dated 21/03/2022 passed

JAYDEV MAHADEV ARYA,LATUR vs. ITO WARD 1, LATUR, LATUR

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

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

152/- was made in assessment year 2014-15 and Rs.2,93,29,287/- in assessment year 2015-16). 4. In appeal, the Ld. CIT(A) / NFAC upheld the action of the Assessing Officer by observing as under: “5. DETERMINATION: 5.1 Grounds of the appeal are directed against addition of Rs.32,25,000/- made vide assessment order dated 21/03/2022 passed

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.

section 148 was to be quashed and respondent was to be directed to cancel wrong pan in accordance with law and reassess the petitioner if required”. 6.4 Reopening of assessment on the basis of wrong presumption that return of income has not been filed vitiates proceedings u/s 147. Ground 1 is allowed. 6.5 Since I have held that issue notice

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.

section 148 was to be quashed and respondent was to be directed to cancel wrong pan in accordance with law and reassess the petitioner if required”. 6.4 Reopening of assessment on the basis of wrong presumption that return of income has not been filed vitiates proceedings u/s 147. Ground 1 is allowed. 6.5 Since I have held that issue notice

PUNE MATHADI HAMAL AND OTHER MANUAL WORKERS BOARD,PUNE vs. INCOME TAX OFFICER, WARD-5(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1012/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Pune Mathadihamal & Other The Income Tax Manual Workers Board, V Officer, Shramashakti Bhavan, S Ward-5(1), Pune. Coomercial Plot No.1, Market Yard, Pune – 411037. Pan: Aaalp0097L Appellant/ Assessee Respondent /Revenue Assessee By Shri Vipul Joshi – Ar Revenue By Shri Ajay Kumar Keshari & Shri Rajesh Gawali– Dr’S Date Of Hearing 17/04/2024 Date Of Pronouncement 27/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Commissionerof Income Tax(Appeals)[Nfac], Under Section 250 Of The Act Dated 14.07.2023 :

152 (Cochin - Trib.)]- Para 7.2 / 7.3 (ii) Prem Prakash Mandal Sewa Trust v. ITO (Exemptions) - [(2021) 132 taxmann.com 269 (Raipur - Trib.)] (iii) Dera Baba Bhai Gurdas Ji Udasin Trust (Regd) (Mansa) v. ITO [(2022) 145 taxmann.com 278 (Amritsar - Trib.)] (iv) Alpha Educational Trust v. DCIT (E) [(2023) 150 taxmann.com 20 (Chennai - Trib.)] II. Proposition 2 : Where an application has been

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