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

DIMPLE RAJESH OSWAL,PUNE vs. INCOME TAX OFFICER WARD 5(1), PUNE

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

Bench: Shri R. K. Pandaassessment Year : 2016-17

u/s 143(3) r.w.s. 147 of the Act has determined the total income at Rs.19,60,971/-, however, in the computation statement he has determined the same at Rs.31,97,261/- which is not correct. 7. The second plank of his argument is that the assessee has purchased the property during the year 2012 for a consideration of Rs.46

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

147 of the Act which was\nreopened based on the change on opinion without bringing any fresh\ntangible material on record and thereby further erred in overlooking\nthe fact that the issue of taxation of share premium was duly\nexamined during the course of original assessment proceedings and\nthus, the said reassessment order deserves to be quashed and set\naside

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

reassessment\nproceedings under Section 147 and has strenuously submitted\nthat the Assessing Officer has rightly observed that the interest\nderived from the credit provided to its member is deductible\nunder Section 80P(2)(a)(i) of the Act, however, on verification of\nthe case record at the stage of scrutiny assessment, it was\nnoticed that the assessee had received interest

SHRI MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

Section 80IA/IB of the Act.\nIt must follow that there is due application of mind by the Assessing\nOfficer to the issue raised.\nThe above observations apply on all fours to this Petition, so far as the\nRevenue's submission of no change of opinion is concerned.\n11. The further submission of Mr. Walve that in the absence

MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

Section 80IA/IB of the Act.\nIt must follow that there is due application of mind by the Assessing\nOfficer to the issue raised.\nThe above observations apply on all fours to this Petition, so far as the\nRevenue's submission of no change of opinion is concerned.\n11. The further submission of Mr. Walve that in the absence

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

u/s. 1 13/PUN/2024 2014-15 14.11.2023 Rs.8,96,41,183/- 143(3) r.w.s.147 2 14/PUN/2024 2015-16 14.11.2023 Rs.18,04,78,120/- 143(3) 3 15/PUN/2024 2016-17 14.11.2023 Rs.6,65,05,360/- 143(3) 4 16/PUN/2024 2017-18 14.11.2023 Rs.9,25,05,871/- 143(3) 5 17/PUN/2024 2018-19 14.11.2023 Rs.3,79,79,669/- 143(3) r.w.s.143

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

u/s. 1 13/PUN/2024 2014-15 14.11.2023 Rs.8,96,41,183/- 143(3) r.w.s.147 2 14/PUN/2024 2015-16 14.11.2023 Rs.18,04,78,120/- 143(3) 3 15/PUN/2024 2016-17 14.11.2023 Rs.6,65,05,360/- 143(3) 4 16/PUN/2024 2017-18 14.11.2023 Rs.9,25,05,871/- 143(3) 5 17/PUN/2024 2018-19 14.11.2023 Rs.3,79,79,669/- 143(3) r.w.s.143

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

u/s. 1 13/PUN/2024 2014-15 14.11.2023 Rs.8,96,41,183/- 143(3) r.w.s.147 2 14/PUN/2024 2015-16 14.11.2023 Rs.18,04,78,120/- 143(3) 3 15/PUN/2024 2016-17 14.11.2023 Rs.6,65,05,360/- 143(3) 4 16/PUN/2024 2017-18 14.11.2023 Rs.9,25,05,871/- 143(3) 5 17/PUN/2024 2018-19 14.11.2023 Rs.3,79,79,669/- 143(3) r.w.s.143

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

Bench: Dr.Manish Borad & Shri Vinay Bhamore

u/s. 1 13/PUN/2024 2014-15 14.11.2023 Rs.8,96,41,183/- 143(3) r.w.s.147 2 14/PUN/2024 2015-16 14.11.2023 Rs.18,04,78,120/- 143(3) 3 15/PUN/2024 2016-17 14.11.2023 Rs.6,65,05,360/- 143(3) 4 16/PUN/2024 2017-18 14.11.2023 Rs.9,25,05,871/- 143(3) 5 17/PUN/2024 2018-19 14.11.2023 Rs.3,79,79,669/- 143(3) r.w.s.143

SHRI GURUDEV CHANDRASHEKHAR KARANTH,PUNE vs. INCOME TAX DEPARTMENT CIT(DRP-3), MUMBAI

In the result, Grounds Number 1 and 2 raised by the Assessee are allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.147/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Shri Gurudev Chandrashekhar V Income Tax Department Karanth, S. Cit(Drp-3), Mumbai-1. 21 Cozy Retreat, Sindh Colony, Aundh, Pune – 411007. Maharashtra. Pan: Cgnpk6203J Appellant/ Assessee Respondent / Revenue Assessee By Shri B.C.Malakar – Advocate Revenue By Shri Prakash L Pathade – Cit-Dr Date Of Hearing 04/03/2025 Date Of Pronouncement 02/06/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Under Section 147 R.W.S 144C(13) Of The Income Tax Act, 1961 Dated 23.12.2024 For The A.Y.2018-19, Emanating From The Order Of The Dispute Resolution Panel U/S.144C(5) Of The Act, Dated 20.12.2024. The Assessee Has Raised The Following Grounds Of Appeal :

147 r.w.s 144C(13) of the Income Tax Act, 1961 dated 23.12.2024 for the A.Y.2018-19, emanating from the order of the Dispute Resolution Panel u/s.144C(5) of the Act, dated 20.12.2024. The Assessee has raised the following grounds of appeal : ITA No.147/PUN/2025 [A] “1. On the facts and in the circumstances of the case

CLARION TECHNOLOGIES PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

2) and 142(1) of the Act along with questionnaire on 16-08-2011 calling for details on 39 points in the original scrutiny assessment proceedings and raised several questions with respect to the claim made u/s. 10B of the Act and in response to which, the assessee had filed all the details as sought by the AO. He submits

DEPUTY COMMISSIONER OF INCOME-TAX vs. CLARION TECHNOLOGIES PVT. LTD.,, PUNE

In the result, the appeal of assessee is allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

2) and 142(1) of the Act along with questionnaire on 16-08-2011 calling for details on 39 points in the original scrutiny assessment proceedings and raised several questions with respect to the claim made u/s. 10B of the Act and in response to which, the assessee had filed all the details as sought by the AO. He submits

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

u/s 80(P)(2)(d) and specifically under S 80(P)(2)(a) (i) of the IT Act. That Sec 80P(2)(a)(i) of the Act is not applicable for the simple reason that the surplus funds have not been utilized in the ordinary course of business of assessee. !t is not the business of the assessee to deposit

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 by issuing notice u/s 148A(d) of the Act on 25.07.2022 by recording\nas under:\n\"GOVERNMENT OF INDIA\nMINISTRY OF FINANCE\nINCOME TAX DEPARTMENT\nOFFICE OF THE ASSISTANT\nCOMMISSIONER OF INCOME TAX\nCIRCLE 7, PUNE\nTo\nKOLTE-PATIL\nLIMITED\nINTEGRATED\nTOWNSHIPS\nSURVEY NO. 74, MARUNJIHINJEWADI\nMARUNJI, KASARSAI ROAD, TAL MULSHI\nPUNE PUNE 411057, Maharashtra India\nPAN:\n Assessment

SUNAND CONSTRUCTIONS,PUNE vs. DCIT CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

56,671/- in respect of interest paid to co- operative society u/s 40(a)(ia) of the Income Tax Act, 1961 5. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in invoking the provision of section 40(a)(ia) in as much

SUNANDA CONSTRUCTIONS,PUNE vs. DCIT, CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

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

56,671/- in respect of interest paid to co- operative society u/s 40(a)(ia) of the Income Tax Act, 1961 5. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in invoking the provision of section 40(a)(ia) in as much

KHANDESH BUILDERS LTD. vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the Appeal of the assessee is partly allowed

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकर अपील सं. / Ita No.268/Pun/2015 िनधा"रण वष" / Assessment Year : 2008-09 Khandesh Builders Ltd., 7, Shivaji Nagar, Jalgaon – 425 001. .......अपीलाथ" / Appellant Pan: Aaack 8222 H बनाम / V/S. The Dy.Commissioner Of Income Tax, ……""यथ" / Respondent Circle-1, Jalgaon.

reassessment U/s.147 of the Act for the first time & the refund has been issued to the appellant. 11) In the facts, circumstances & in view of admission of appellant’s writ petition by jurisdictional Bombay High Court learned CIT Appeals-II, Nashik erred in confirming and disallowing carried forward of speculation loss of Rs.26,86,97,483/- pertaining to the assessment

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