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

72, Hon'ble Supreme Court has\ndiscussed this issue and has held that the notice under the new provision of section\n148 have to be seen considering the proviso to section 149. He accordingly\nsubmitted that the notice issued u/s 148 is bad in law since no notice u/s 148 could\nhave been issued under the old provision of section

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

72 ITD 474. In all cases the gist is like this "Simply because assessee agreed to addition of concealed income after detection thereof and filed return in response to enquiry conducted by department, assessee cannot escape from penalty u/s 271(1)(c)' Moreover, The Supreme court in the case of MAK Data (P) Ltd. Vs Commissioner Of Income

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 was not valid and the proper course of action that should have been taken by the Assessing Officer was u/s 153C as the provisions of section 153C of the Act are clearly applicable to the facts of the case. We, therefore, uphold the order of the CIT(A) / NFAC on the issue of validity of re-assessment proceedings

SUBHASH RUNWAL,BIBWEWADI, PUNE vs. INCOME TAX OFFICER WARD 5(4) PUNE, PUNE

The appeal of the assessee is ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamoreassessment Year : 2012-13 Subhash Runwal 204, Solitari-5, Nr. Kalyan Bhel, Bibwewadi Rd., Pune-411037. Pan: Adbpr7670R. . . . . . . . Appellant

u/s 144 r.w.s. 147 of ITAT-Pune Page 12 of 16 Subhash Runwal Vs ITO ITA No. 1279/PUN/2024 AY: 2012-13 the Act was ill-believed as such addition was not only without any substance but purely was to outdo the settled law and to buy the extended scope subscribed in explanation 3 to section 147

TEJAS SHIVAJI ADSUL,KOLHAPUR vs. INCOME TAX OFFICER WARD 1(1), KOLHAPUR, KOLHAPUR

In the result, appeal of the assessee is allowed

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

72[or where return has been fumished for the first time under section 148]; (c) the income reassessed in greater than the income assessed or reassessed immediately before such reassessment: (d) the amount of deemed total income assessed or reassessed as per the provisions of section 115JB or section 115JC, as the case may be, is greater than the deemed

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

72,591 24-12-2019 2,51,96,000 2016-17 16,254 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

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

72,591 24-12-2019 2,51,96,000 2016-17 16,254 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

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

72,591 24-12-2019 2,51,96,000 2016-17 16,254 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

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

72, Hon'ble Supreme Court has\ndiscussed this issue and has held that the notice under the new provision of section\n148 have to be seen considering the proviso to section 149. He accordingly\nsubmitted that the notice issued u/s 148 is bad in law since no notice u/s 148 could\nhave been issued under the old provision of section

NANDKUMAR NAMDEORAO DIWATE,KOLHAPUR vs. THE INCOME TAX OFFICER, WARD-1(1), KOLHAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1161/Pun/2023 Assessment Year : 2011-12 Nandkumar Namdeorao Diwate, Vs. Ito, Ward-1(1), 492, C-Ward, Kolhapur Opp. Main Rajaram Highschool, Juna Rajwada, Karveer, Kolhapur, Maharashtra-416001 Pan : Aeqpd 1603L Appellant Respondent

u/s. 250 of the Income Tax Act, 1961 (‘the Act’)for the Assessment Year 2011-12. 2. Briefly, the facts of the case are that the appellant is an individual. Return of income for the A.Y. 2011-12 was filed on 01-03-2012 declaring total income of Rs.1,53,010/-. The said return 2 of income was processed u/s.143

ITO, WARD-1(1), SOLAPUR, SOLAPUR vs. MS. KSHIRSAGAR FABRICS, SOLAPUR

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

u/s 143(3) / 147 of the Act, the Assessing Officer made disallowance of Rs.66,20,000/- on account of violation of provisions of section 40A(3) of the Act. We find the CIT(A) / NFAC quashed the re-assessment proceedings, the reasons of which have already been reproduced in the preceding paragraphs. We do not find any infirmity

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

reassessment proceedings when admittedly conditions specified u/s 147 of the ITA, 1961 for valid initiation were not satisfied in as much as all the facts were truly and fully disclosed in the original assessment proceedings and order was passed after due verification. As such, the addition was only the result of a change in opinion and the action

SKYLINE DEVELOPERS,PUNE vs. THE INCOME TAX OFFICER, WARD4(50, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.709/Pun/2023 Assessment Year : 2006-07

u/s 147 for AY 2006-07 were initiated on 20/03/2013 2. During reassessment and subsequent appellate proceedings, it was consistently explained that the turnover recorded in AY 2006-07 was an inadvertent error based on an incorrect professional advice, as the real income from the project had not accrued. 3. The core contention is that mere incorrect accounting entries

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

72,53,728/-,u/s.234B of the IT Act, even though, appellant was not liable to pay Advance tax in view of the provision of section 208 of the I T Act, and hence, provision of section 234 B of the Act, is not attracted. Therefore, appellant denied the 6 Gopal Extrusions Pvt. Ltd. liability of interest u/s.234

INCOME TAX OFFICER, WARD-1, AHMEDNAGAR, AHMEDNAGAR vs. ATUL ASHOK PARAKH, AHMEDNAGAR

In the result, the appeal of the Revenue and Cross Objection of the assessee both are dismissed

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

reassessment proceedings u/s 147 of the Act, hence the ground nos. 2(a) to 2(e) and 4 of the appeal are treated as dismissed.” 8. On the issue of addition u/s 69 of the Act, the Ld. CIT(A)/NFAC accepted the explanation offered by the assessee before him and deleted the addition after recording his observations and findings

MANSUKH TIMBADIA,,RAIGAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is allowed and the appeal of Revenue is dismissed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

section saves the AO in a case where the notice issued and there is a discrepancy as regards the service of the notice. 6. The ld. DR, Shri Sardar Singh Meena submits that the said assessment reopened on an intimation received from Central Circle and the AO issued notice u/s. 148 of the Act on 12-06-2012 which

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI MANSUKH T. TIMBADIA,, RAIGAD

In the result, appeal of assessee is allowed and the appeal of Revenue is dismissed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

section saves the AO in a case where the notice issued and there is a discrepancy as regards the service of the notice. 6. The ld. DR, Shri Sardar Singh Meena submits that the said assessment reopened on an intimation received from Central Circle and the AO issued notice u/s. 148 of the Act on 12-06-2012 which

ASSTT. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, PUNE vs. THE SHETKARI SHIKSHAN MANDAL, PUNE

In the result, the appeal of the Revenue is allowed for statistical purposes

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

72,20,634/- according to the Assessing Officer, had been incorrectly claimed by the assessee as application of income and therefore the same was required to be disallowed being under assessed in the assessment made earlier. 2.2 The Assessing Officer also found that the assessee had claimed an amount of Rs. 13,37,30,869/- as capital expenditure being application

MRS NEHA VITTHAL DIMBLE,PUNE vs. ITO, WARD-3(3), PUNE, PUNE

In the result, the appeal of the assessee is allowed for statistical\npurposes

reassessment proceedings\nwhich constrained the Ld. AO to complete the assessment u/s 147 r.w.s.144B\nof the Act on 19.02.2024 at an assessed income of Rs.83,31,620/- by making\naddition of - (i) Rs.66,65,000/- in respect of cash deposits in bank treating the\nsame as unexplained money under section 69A; (ii) Rs.14,08,073/- in respect\nof purchase