INCOME TAX OFFICER,WARD-1,AHMEDNAGAR, AHMEDNAGAR vs. NARENDRA SAMPATLAL BAFNA, AHMEDNAGAR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

147 of the Income Tax Act, 1961 and the addition made of Rs.6,20,00,000 under section 69A of the Income Tax Act on account of unexplained cash loans availed from various parties through Sh. Sachin M. Nahar. All these grounds of appeal are taken up together for adjudication. An analysis of letter No.Pn/DCIT. Cen. Cir.1(1)/Sharing

GANESH SHANKAR PUJARE,SINDHUDURG vs. INCOME TAX OFFICER, WARD, KUDAL, KUDAL

In the result appeal filed by the assessee stands allowed for the statistical purposes

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.40/Pun/2024 िनधा"रण वष" / Assessment Year: 2014-15 Ganesh Shankar Pujare, Vs. Ito, Ward, Kudal. Bidyewadi, At Post Kalmath, Taluka Kankavli, Sindhudurg- 416602. Pan : Anipp5657R Appellant Respondent Assessee By Shri Tanzil R. Padvekar : Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 17.04.2024 Date Of Pronouncement : 18.04.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Is Filed By The Assessee Assailing The Order Dated 08.11.2023 Passed By Ld Cit(A) [‘Nfac’] For The Assessment Year 2014-15. 2. The Appellant Raised The Following Grounds Of Appeal :- “I. Legality & Validity Of Reassessment Proceeding; 1. On The Facts & In Law, The Re-Assessment Proceeding Initiated By The Ld. Assessing Officer Under Section 147 Of The Act Is Bad In Law As The Same Is Based On Suspicious & Incorrect Information. Hence, As The Formation Of Belief Is Based On Incorrect, Suspicious & Vague Facts Same Is Unsus Tainable In Eye Of Law. 2. On The Facts & In Law, There Is Serious Jurisdictional Requirement In The Reasons Recorded By The Assessing Officer As He

reassessment proceeding under Section 147 of the Act. That as per reasons recorded by Ld. A. O., information only on alleged suspicious transactions in Bank account, without mentioning name of a Bank, is given as justification which cannot be equated with expression “reason to belief’ as contemplated in Section 147 of the Act. 9. On the facts

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 SUNIL CHETNDAS KATARIYA, HUF,NASHIK vs. PRINCIPAL COMMISSIONER OF INCOME-TAX-1, , NASHIK

In the result, the appeal filed by the assessee stands allowed

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.261/Pun/2022 िनधा"रण वष" / Assessment Year : 2011-12 M/S. Sunil Chetandas Vs. Pr.Cit-1, Nashik. Katariya, 649, Sai Villa, Lam Road, Deolali Camp, Nashik- 422401. Pan : Aaths6634R Appellant Respondent Assessee By : Shri Sanket Joshi Revenue By : Shri Ajay Kumar Kesari Date Of Hearing : 10.08.2023 Date Of Pronouncement : 21.08.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Pr. Commissioner Of Income Tax-1, Nashik [‘Pcit’] Dated 12.03.2021 For The Assessment Year 2011-12. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned Pcit Erred In Holding That The Asst. Order Passed U/S 143(3) R.W.S. 147 In The Case Of The Assessee For A.Y.2011 - 12 Was Erroneous & Prejudicial To The Interest Of Revenue & Thereby

section 68 of the Act and, therefore, the Assessing Officer should have made addition u/s 68 5 r.w.s. 115BBE of the Act. Accordingly, the ld. PCIT issued a show- cause notice u/s 263 of the Act dated 23.02.2021. In response to the show-cause notice, the appellant had not responded. In the circumstances, the ld. PCIT had formed an opinion

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE vs. M/S. POONA CLUB LTD,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

POONA CLUB LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 4, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE vs. M/S. POONA CLUB LTD,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

POONA CLUB LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. POONA CLUB LTD.,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

147 of the Act and, therefore, the reassessment proceedings are not valid in law. Accordingly, we quash the reassessment proceedings. 13. In the result, the appeal filed by the assessee in ITA No.890/PUN/2017 for the assessment year 2006-07 stands allowed. ITA Nos.891 to 893/PUN/2017, A.Y. 2007-08 to 2009-10 – By Assessee : 14. Since the facts and issues involved

RAJA BASHUMIYA MANIYAR,LATUR vs. ITO, WARD-1, LATUR, LATUR

In the result, appeal of the assessee is Allowed

reassessment proceeding\ninitiated U/Sec. 147 r.w.s.144 of the Act by the Ld.AO is without\njurisdiction and void ab initio as the impugned notice issued under\nsection 148 is time-barred as per the proviso to section 147 of the Act.\n2 The Ld. CIT(A) has erred in confirming that the assessment order\npassed by the Ld.AO U/Sec 147 rw.s.144