RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

254 24-12-2019 2,34,00,000 2017-18 -20,60,094 24-12-2019 78,00,000 3. During the proceedings, list of donors used to be submitted by the assessee. Thereafter, to verify the genuineness of the donations, a survey u/s 133A of the Act was conducted on six premises of the assessee on 13/02/2019. Summons

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

254 24-12-2019 2,34,00,000 2017-18 -20,60,094 24-12-2019 78,00,000 3. During the proceedings, list of donors used to be submitted by the assessee. Thereafter, to verify the genuineness of the donations, a survey u/s 133A of the Act was conducted on six premises of the assessee on 13/02/2019. Summons

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

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

u/s. 147. The provisions of sub-section (3) of section 153 deals with the situation where fresh assessments are made in pursuance to the orders by revisional/appellate authorities. The provisions of sub-section (3) as they were applicable to the assessment year under appeal are reproduced here- in-below : “(3) The provisions of sub-sections

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

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

u/s. 147. The provisions of sub-section (3) of section 153 deals with the situation where fresh assessments are made in pursuance to the orders by revisional/appellate authorities. The provisions of sub-section (3) as they were applicable to the assessment year under appeal are reproduced here- in-below : “(3) The provisions of sub-sections

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

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

u/s. 147. The provisions of sub-section (3) of section 153 deals with the situation where fresh assessments are made in pursuance to the orders by revisional/appellate authorities. The provisions of sub-section (3) as they were applicable to the assessment year under appeal are reproduced here- in-below : “(3) The provisions of sub-sections

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

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

u/s. 147. The provisions of sub-section (3) of section 153 deals with the situation where fresh assessments are made in pursuance to the orders by revisional/appellate authorities. The provisions of sub-section (3) as they were applicable to the assessment year under appeal are reproduced here- in-below : “(3) The provisions of sub-sections

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION , KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

147 is after expiry of the four years from the end of\nA.Y.2012-13 and therefore the reassessment proceeding are\ninitiated beyond the time limit and are thus time barred and bad in\nlaw and not sustainable.\n4. Learned CIT(A) has erred in fact and in law in confirming the\naddition made by A.O. without considering the fact that\nreassessment

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

147 is after expiry of the four years from the end of\nA.Y.2012-13 and therefore the reassessment proceeding are\ninitiated beyond the time limit and are thus time barred and bad in\nlaw and not sustainable.\n4. Learned CIT(A) has erred in fact and in law in confirming the\naddition made by A.O. without considering the fact that\nreassessment

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

147 is after expiry of the four years from the end of\nA.Y.2012-13 and therefore the reassessment proceeding are\ninitiated beyond the time limit and are thus time barred and bad in\nlaw and not sustainable.\n4. Learned CIT(A) has erred in fact and in law in confirming the\naddition made by A.O. without considering the fact that\nreassessment

ASHOK VIJAYKUMAR KOTECHA,JALGAON vs. ACIT, CIRCLE 1, JALGAON, JALGAON

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2011-12

Section 69C of ITA, 1961 amounting to Rs.1,52,62,200 and Rs.9,15,732 respectively thereby confirming the assessed income to the tune of Rs.3,41,20,562/- as against the returned income of Rs.1,79,42,630/- 2. The learned CIT(A) erred in upholding the reassessment proceedings when admittedly conditions specified u/s 147

ASSITANT COMMISSIONER OF INCOME-TAX vs. M/S. H.A. DEVELOPERS,, PUNE

In the result, the impugned order is upheld and appeal of the Revenue

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 478/Pun/2015 "नधा"रण वष" / Assessment Year : 2004-05

254 of the Act, the assessee filed appeal before the Commissioner of Income Tax (Appeals). The Commissioner of Income Tax (Appeals) accepted the claim of assessee and 3 A.Y.2004-05 deleted the addition holding that the addition has been made by Assessing Officer on the basis of ‘change of opinion’. Now, the Department is in second appeal before the Tribunal assailing

KALYANCHAND MANAKCHAND LALWANI, HUF,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri D. Karunakara Rao, Am

254 of the Act. Therefore, as per the assessee, on the ground of debatability also, the provisions of section 148 of the Act should not be invoked. On this legal issue, the CIT(A) referred to the said Supreme Court judgment (supra) on one side and the amended provisions of section 45 of the Act which provides for taxation

MANGLESH KALYANCHAND LALWANI, HUF,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri D. Karunakara Rao, Am

254 of the Act. Therefore, as per the assessee, on the ground of debatability also, the provisions of section 148 of the Act should not be invoked. On this legal issue, the CIT(A) referred to the said Supreme Court judgment (supra) on one side and the amended provisions of section 45 of the Act which provides for taxation

KAMLESH KALYANCHAND LALWANI, HUF,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri D. Karunakara Rao, Am

254 of the Act. Therefore, as per the assessee, on the ground of debatability also, the provisions of section 148 of the Act should not be invoked. On this legal issue, the CIT(A) referred to the said Supreme Court judgment (supra) on one side and the amended provisions of section 45 of the Act which provides for taxation

GOPAL EXTRUSIONS PVT LTD,,JALGAON vs. INCOME-TAX OFFICER, WARD - 1(2),, JALGAON

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita. No.1633/Pun/2017 Assessment Year : 2008-09

REASSESSMENT: a. No reasons are recorded The proposal for reopening as part of the Approval has been placed on record. The said document states that it is a proposal for recording reasons for initiating action u/s 147 and not the reasons recorded by AO. In the said document, there is no whisper about reason to believe

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

147 of the Act. Therefore Tribunal set aside the order of the CIT(A) and restored the same to the file of the A.O. with directions. The Hon’ble Tribunal vide its order dt. 20th August 2010 issued the direction to the A.O. when the A.O. had lost his jurisdiction over the case. In view of this the assessment order

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

147 of the Act. Therefore Tribunal set aside the order of the CIT(A) and restored the same to the file of the A.O. with directions. The Hon’ble Tribunal vide its order dt. 20th August 2010 issued the direction to the A.O. when the A.O. had lost his jurisdiction over the case. In view of this the assessment order

MRS. ARCHANA ANIL CHECHANI,JALNA vs. ACIT CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD

In the result, the appeal of the assessee is dismissed

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

reassessment proceedings several notices were issued to the assessee requesting the assessee to explain the nature and source of cash deposits of Rs.15,00,000/-. The assessee failed to respond to any of the notices. No return was filed in response to the notices issued u/s 142(1) of the Act. Accordingly, the Ld. Assessing Officer (“AO”) completed the assessment

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

147, section 140, section 149, section 151 and section 153, where the Assessing Officer is satisfied that- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than