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

section 68 of the Act needs to be applied for such escapement of income, however, while concluding the re-assessment proceedings the additions have not been made u/s.68 of the Act but have been made u/s.115BBC of the Act and therefore there is ‘change of opinion’ and no show cause notice/reasons/revised reasons recorded for initiating the re-assessment proceedings

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

section 68 of the Act needs to be applied for such escapement of income, however, while concluding the re-assessment proceedings the additions have not been made u/s.68 of the Act but have been made u/s.115BBC of the Act and therefore there is ‘change of opinion’ and no show cause notice/reasons/revised reasons recorded for initiating the re-assessment proceedings

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

section 68 of\nthe Act needs to be applied for such escapement of income,\nhowever, while concluding the re-assessment proceedings the\nadditions have not been made u/s.68 of the Act but have been\nmade u/s.115BBC of the Act and therefore there is 'change of\nopinion' and no show cause notice/reasons/revised reasons\nrecorded for initiating the re-assessment proceedings

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

section 68 of\nthe Act needs to be applied for such escapement of income,\nhowever, while concluding the re-assessment proceedings the\nadditions have not been made u/s.68 of the Act but have been\nmade u/s.115BBC of the Act and therefore there is 'change of\nopinion' and no show cause notice/reasons/revised reasons\nrecorded for initiating the re-assessment proceedings

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

section 68 of\nthe Act needs to be applied for such escapement of income,\nhowever, while concluding the re-assessment proceedings the\nadditions have not been made u/s.68 of the Act but have been\nmade u/s.115BBC of the Act and therefore there is 'change of\nopinion' and no show cause notice/reasons/revised reasons\nrecorded for initiating the re-assessment proceedings

KALPESH RATILAL GARDHARIA,KOLHAPUR vs. ITO WARD- 2(3), KOLHAPUR

In the result, the grounds on merit are allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhury

68. 5. Additional Ground though raised before CIT(A) not considered Without prejudicial to above, on the facts and in the circumstances of the case, the assessee being entitled to claim set-off of the loss of Rs. Rs. 40,42,043 in the reassessment proceedings is entitled to invoke provisions of section

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

68 were justified.\n\n23. Referring to the decision of the Pune Bench of the Tribunal in the case of\nNarendra Shrikishan Agarwal Vs. ACIT vide ITA No.257/PUN/2019 order dated\n05.11.2019, he submitted that the Tribunal in the said decision has rejected the\nassessee's long term capital gain exemption claim on sale of penny stock of a\npharma company

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

68 were justified.\n\n23. Referring to the decision of the Pune Bench of the Tribunal in the case of\nNarendra Shrikishan Agarwal Vs. ACIT vide ITA No.257/PUN/2019 order dated\n05.11.2019, he submitted that the Tribunal in the said decision has rejected the\nassessee's long term capital gain exemption claim on sale of penny stock of a\npharma company

SOPAN BANDOBA CHAVAN,PUNE vs. INCOME TAX OFFICER WARD 6(1), PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

68, 69, 69A, 69B, 69C and 69D are also not 9 attracted on surrendered amount and accordingly the provisions of section 115BBE of the Act cannot be applied. 8. So far as the decision of the Mumbai Bench of the Tribunal in the case of DCIT vs. M/s. Madhu Developers vide ITA No.2372/Mum/2023 for assessment year 2018-19, order

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

131 could not be served as addresses were not available, and, moreover, those shareholders were first time assessees and were not earning enough income to make deposits in question, addition made by Assessing Officer under section 68

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

section 68 of the Act, the onus of proof lies with the assessee to explain the nature and source of sums credited in the books of account. Since the assessee in the instant case has failed to furnish the documentary evidence to prove the nature and source of such income during the course of search action, post-search action

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, NASHIK, NASHIK vs. MADANLAL LALCHAND JAIN, NANDURBAR

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

section 68 of the Act, the onus of proof lies with the assessee to explain the nature and source of sums credited in the books of account. Since the assessee in the instant case has failed to furnish the documentary evidence to prove the nature and source of such income during the course of search action, post-search action

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

section 68 of the Act, the onus of proof lies with the assessee to explain the nature and source of sums credited in the books of account. Since the assessee in the instant case has failed to furnish the documentary evidence to prove the nature and source of such income during the course of search action, post-search action

DHAVAL VINOD GADA,PUNE vs. DCIT CIRCLE-5, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2013-14 Dhaval Vinod Gada Dcit, Circle – 5, Pune 101, New Timber Market, Vs. Bhawani Peth, Pune – 411042 Pan: Anjpg4733A (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak Department By : Shri A D Kulkarni Date Of Hearing : 26-11-2025 Date Of Pronouncement : 03-12-2025 O R D E R Per R.K. Panda, Vp:

131 of the Act and has confirmed to have extended the loan of Rs.1,15,00,000/- out of collections from sundry debtors. He has also stated to have extended the loan to the company where his father-in-law is the Director. It is also his submission that in view of the amendment to section 68

DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

68 were justified.\n\n23. Referring to the decision of the Pune Bench of the Tribunal in the case of\nNarendra Shrikishan Agarwal Vs. ACIT vide ITA No.257/PUN/2019 order dated\n05.11.2019, he submitted that the Tribunal in the said decision has rejected the\nassessee's long term capital gain exemption claim on sale of penny stock of a\npharma company

V J & SONS,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,, KOLHAPUR

In the result, both the appeals of assessee are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.436/Pun/2014 यििाारण वषा / Assessment Year : 2008-09 V J & Sons, 1227 E Ward, Rajaram Road, अऩीऱाथी/Appellant Kolhapur – 416008 …. Pan: Aabfv0324M Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Central Circle, Kolhapur

68 of the Act as unexplained deposits. 5. Briefly, in the facts of the case, the assessee for the year under consideration had furnished return of income declaring total income of ₹ 26,390/-. The assessee was engaged in the business of distributing spare parts of MICO on wholesale basis in Kolhapur, Sangli and Ratnagiri districts. Search action under section

HEM KIRAN DIESELS,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.436/Pun/2014 यििाारण वषा / Assessment Year : 2008-09 V J & Sons, 1227 E Ward, Rajaram Road, अऩीऱाथी/Appellant Kolhapur – 416008 …. Pan: Aabfv0324M Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Central Circle, Kolhapur

68 of the Act as unexplained deposits. 5. Briefly, in the facts of the case, the assessee for the year under consideration had furnished return of income declaring total income of ₹ 26,390/-. The assessee was engaged in the business of distributing spare parts of MICO on wholesale basis in Kolhapur, Sangli and Ratnagiri districts. Search action under section

V E L SOFTWARE LTD.,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury"नधा"रण वष" / Assessment Year : 2001-02

131(1) of the Act of Shri Yashwant Gujar was recorded, who deposed that he had never signed any affidavit confirming the transaction and also submitted that the signatures in the affidavit submitted in his name by the assessee company did not match with his signatures as appearing in the return of income filed

PREM GRAIN INDUSTRIES PVT. LTD,JALGOAN vs. DCIT CIRCLE 1, JALGAON, JALGAON

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 Prem Grain Industries Pvt. Ltd. Dcit, Circle – 1, Jalgaon E 2/1, Midc Area, Ahjantha Vs. Road, Jalgaon – 425003 Pan: Aadcp9598E (Appellant) (Respondent) Assessee By : Shri Suresh Anchaliya Department By : Shri S. Sadananda Singh, Jcit Date Of Hearing : 11-11-2025 Date Of Pronouncement : 20-11-2025 O R D E R Per R.K. Panda, Vp: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.07.2025 Of The Ld. Cit(A), Pune-12 Relating To Assessment Year 2016-17. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 01.09.2016 Declaring Total Income Of Rs.Nil. The Return Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). The Case Was Selected For Limited Scrutiny Through Cass For The Following Issue: “Whether Unsecured Loans Are Genuine & From Disclosed Sources.”

131 of the Act and has confirmed to have extended the loan of Rs.1,15,00,000/- out of collections from sundry debtors. He has also stated to have extended the loan to the company where his father-in-law is the Director. It is also his submission that in view of the amendment to section 68