DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. SECO TOOLS INDIA PVT. LTD.,, PUNE

In the result, the Cross Objections of assessee are allowed and appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.812 & 813/Pun/2017 यििाारण वषा / Assessment Years : 2002-03 & 2003-04

36(1)(iii) of the Income-tax Act, 1961, on the facts and circumstances of the case, and in law, the Ld. CIT(A) has erred in confirming the action of the Learned Assessing Officer [„Ld.AO‟] in reopening the assessment proceedings without any „reason to believe‟ as required by the provisions of section 147. It is prayed that the reassessment

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

MR. CHITTARANJAN TRIMBAK GAIKWAD,PUNE vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4, PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

36 before the Hon'ble ITAT in support of the claim of the appellant that in view of the facts of the appellant's case as the income voluntarily declared in the Revised return of income had been accepted by the Assessing Officer and assessed as such in the assessment order, no penalty in assessee's u/s 271(1

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

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

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

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

DEEPAK KANTILAL JAIN,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

The appeal stands dismissed

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

DEEPAK KANTILAL JAIN ,PUNE vs. ACIT, CENTRAL CIRCLE 2(1), PUNE , PUNE

The appeal stands dismissed

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

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

vii) audited Balance-sheets of M/s SV Electricals Limited A copy of the said submission is placed on record at Page-24 onwards. From perusal of Point No.4, it appears, all aspects involved in scrutiny of any exempt LTCG were duly provided. Thereafter, learned AO, in the search based assessment has accepted the exempt LTCG. Now, vide "reasons" recorded

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

vii) audited Balance-sheets of M/s SV Electricals Limited A copy of the said submission is placed on record at Page-24 onwards. From perusal of Point No.4, it appears, all aspects involved in scrutiny of any exempt LTCG were duly provided. Thereafter, learned AO, in the search based assessment has accepted the exempt LTCG. Now, vide "reasons" recorded

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

vii) audited Balance-sheets of M/s SV Electricals Limited A copy of the said submission is placed on record at Page-24 onwards. From perusal of Point No.4, it appears, all aspects involved in scrutiny of any exempt LTCG were duly provided. Thereafter, learned AO, in the search based assessment has accepted the exempt LTCG. Now, vide "reasons" recorded

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

vii) audited Balance-sheets of M/s SV Electricals Limited A copy of the said submission is placed on record at Page-24 onwards. From perusal of Point No.4, it appears, all aspects involved in scrutiny of any exempt LTCG were duly provided. Thereafter, learned AO, in the search based assessment has accepted the exempt LTCG. Now, vide "reasons" recorded

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

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

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

vii) audited Balance-sheets of M/s SV Electricals Limited A copy of the said submission is placed on record at Page-24 onwards. From perusal of Point No.4, it appears, all aspects involved in scrutiny of any exempt LTCG were duly provided. Thereafter, learned AO, in the search based assessment has accepted the exempt LTCG. Now, vide "reasons" recorded

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

vii) audited Balance-sheets of M/s SV Electricals Limited A copy of the said submission is placed on record at Page-24 onwards. From perusal of Point No.4, it appears, all aspects involved in scrutiny of any exempt LTCG were duly provided. Thereafter, learned AO, in the search based assessment has accepted the exempt LTCG. Now, vide "reasons" recorded

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

vii) audited Balance-sheets of M/s SV Electricals Limited A copy of the said submission is placed on record at Page-24 onwards. From perusal of Point No.4, it appears, all aspects involved in scrutiny of any exempt LTCG were duly provided. Thereafter, learned AO, in the search based assessment has accepted the exempt LTCG. Now, vide "reasons" recorded

ADISH SHANTILAL SOLANKI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), PUNE, PUNE

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

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

vii) Meaning of the term „lump sum‟ as used in section 35AB also includes payment of consideration in installments if the same is fixed upfront. (viii) Once the assesee incurs any cost towards acquisition of the know how, deduction for the same was always intended to be allowed to the assessee. (ix) Since MB India has issues shares in lieu