DILIP JUHARMAN JAIN ,RAIGAD vs. ACIT, CIRCLE PANVEL, PANVEL

In the result, appeal of the assessee is allowed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.1242/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 Dilip Juharmal Jain, The Acit, Bazarpeth, Mirchi Galli, At & V Circle Panvel. Post Pen Tal Pen Dist, S Raigad – 402107. Pan: Aappj5566P Appellant / Assessee Respondent / Revenue Assessee By Shri Subodh Ratnaparkhi – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 10/01/2024 Date Of Pronouncement 24/01/2024

3. The ld.DR for the Revenue relied on the order of the Lower Authorities. 4 Dilip Juharmal Jain [A] Findings and analysis: 4. The only issue for consideration is addition of Rs.39,67,841/- made under section 68 of the Act by the Assessing Officer(AO). 5. The Assessee is a trader and trading in foodgrains, oil and other

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD vs. M/S. R.J. BIOTECH LTD,, AURANGABAD

In the result, both the appeals of Revenue are allowed

Bench: Shri Inturi Rama Rao, Am & Shri S.S. Viswanethra Ravi, Jm

189. Further, the duty of the farmer is to ensure facilities of the land, suitability of the land, cultivation ofland, watering of the land, for which the farmer received compensation for producing hybrid seeds for the assessee. 12. He drew our attention to the judgment of Hon‟ble High Court of Karnataka in the case of Namdhari Seeds

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD vs. M/S. R.J. BIOTECH LTD,, AURANGABAD

In the result, both the appeals of Revenue are allowed

Bench: Shri Inturi Rama Rao, Am & Shri S.S. Viswanethra Ravi, Jm

189. Further, the duty of the farmer is to ensure facilities of the land, suitability of the land, cultivation ofland, watering of the land, for which the farmer received compensation for producing hybrid seeds for the assessee. 12. He drew our attention to the judgment of Hon‟ble High Court of Karnataka in the case of Namdhari Seeds

BANK OF MAHARASHRA,PUNE vs. THE PR. COMMISSIONER OF INCOME TAX, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

3 Average Aggregate Advances at 1137 14 39 790 Rural Branches 4 Total Income before making any - deduction under clause 36(1)(viia) 5 10% of Average Aggregate Rural 11371439790 Advances 6 8.50% of Total Income before making any deduction under clause 36(1)(viia) 7 Total amount eligible u/s 36(1)(viia) 1137 14 39 790 11. Referring

GOODYEAR SOUTH ASIA TYRES PVT.LTD,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2014-15

68,644/- in respect of international transaction of Goodyear South Asia Tyres Pvt. Ltd., payment of Regional Service Charges pertaining to five intra- group services, whose ALP has been determined by the TPO at Nil. 6. The TPO in para 9.18 of his order took note of the fact that the issue is similar to that pertaining to the assessment

GOODYEAR SOUTH ASIA TYRES PVT.LTD,,AURNAGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2014-15

68,644/- in respect of international transaction of Goodyear South Asia Tyres Pvt. Ltd., payment of Regional Service Charges pertaining to five intra- group services, whose ALP has been determined by the TPO at Nil. 6. The TPO in para 9.18 of his order took note of the fact that the issue is similar to that pertaining to the assessment

INCOME-TAX OFFICER vs. SERUM INSTITUTE OF INDIA RESEARCH FOUNDATION,, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.621/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2005-06 वष"

3. The brief facts of the case are that the assessee-trust has shown donation of Rs. 68,50,000 from BBT, Mumbai. The Assessing Officer computed the assessment on total income of Rs. 68,70,000 rejecting the assessee's contention that donation received towards the corpus of the trust. The Commissioner of Income-tax (Appeals) deleted the addition

JAYANT DATTATRAYA BHALERAO,,PUNE vs. INCOME-TAX OFFICER,,

In the result, appeal of assessee is partly allowed for statistical purpose

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

68,189/- u/s. 54 of the Act. However, the Assessing Officer restricted deduction to Rs.80,66,395/- in respect of one flat only. The ld. AR submitted that since all the three flats were in the same building the assessee is eligible to claim deduction u/s. 54 in respect of all the three 11 ITA Nos. 146, 147 & 148/PUN/2015

ABHIJIT ASHOK BHALERAO,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is partly allowed for statistical purpose

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

68,189/- u/s. 54 of the Act. However, the Assessing Officer restricted deduction to Rs.80,66,395/- in respect of one flat only. The ld. AR submitted that since all the three flats were in the same building the assessee is eligible to claim deduction u/s. 54 in respect of all the three 11 ITA Nos. 146, 147 & 148/PUN/2015

ASHOK DATTATRAYA BHALERAO,,PUNE vs. INCOME-TAX OFFICER,,

In the result, appeal of assessee is partly allowed for statistical purpose

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

68,189/- u/s. 54 of the Act. However, the Assessing Officer restricted deduction to Rs.80,66,395/- in respect of one flat only. The ld. AR submitted that since all the three flats were in the same building the assessee is eligible to claim deduction u/s. 54 in respect of all the three 11 ITA Nos. 146, 147 & 148/PUN/2015

INCOME TAX OFFICER, WARD-1, JALNA, INCOME TAX OFFICE, JALNA vs. THE BEED DISTRICT CENTRAL CO-OP. BANK LTD., BEED

In the result, the appeal of the Revenue in ITA No

189/- are put under sub-headings ‘Overdue\ninterest from Society Loans’and‘Overdue interest from Individual Loans'\nrespectively. Similarly, on the Liabilities side of the Balance-Sheet an entry of\nRs.82,81,68,339/- styled as ‘Overdue Interest Reserve’appears. It has been\nexplained that the term Reserve has been mistakenly used and in-fact the said\namount reflects

INCOME TAX OFFICER, WARD-1, JALNA, INCOME TAX OFFICE, JALNA vs. THE BEED DISTRICT CENTRAL CO-OP. BANK LTD., BEED

In the result, the appeal of the Revenue in ITA No

189/- are put under sub-headings ‘Overdue\ninterest from Society Loans’and‘Overdue interest from Individual Loans'\nrespectively. Similarly, on the Liabilities side of the Balance-Sheet an entry of\nRs.82,81,68,339/- styled as ‘Overdue Interest Reserve'appears. It has been\nexplained that the term Reserve has been mistakenly used and in-fact the said\namount reflects

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD vs. SHRI. VIJAYKUMAR SATYANARAYAN AGROYA, LATUR

In the result, appeal of the Revenue is dismissed

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR.DIPAK P. RIPOTE (Accountant Member)

section 69A. The ld.DR relied on the order of ITAT Rajkot in the decision of Raghuvanshi 2 Shri Vijaykumar Satyanarayan Agroya, Latur [R] cotton Ginning & Pressing Pvt., Vs. Add.CIT in ITA No.222/RJT/2016 dated 03.01.2024. Findings &Analysis : 4. We have heard ld.DR for the Revenue and perused the records. In this case, assessee is an individual, running a business

INCOME-TAX OFFICER vs. M/S. NATH BIO-GENERS (I) LTD.,, AURANGABAD

In the result, all the appeals of the Revenue are dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No. 642/Pun/2015 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2011-12 िनधा"रण वष" िनधा"रण वष"

189/-, it is entitled for deduction u/s.35(2AB) of the Income tax Act, 1961. Initiate 10 M/s. Nath Genes (I) Ltd., A.Yrs. 2011-12 to 2014-15 penalty proceedings u/s.271(1)(c) of the Income tax Act, 1961, for furnishing of inaccurate particulars of income.” 11. Regarding the appeal for A.Y. 2013-14, assessee made similar claim

ASSISTANT COMMISSIONER OF INCOME-TAX,, AURANGABAD vs. M/S. NATH BIO-GENES (I) PVT. LTD.,, AURANGABAD

In the result, all the appeals of the Revenue are dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No. 642/Pun/2015 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2011-12 िनधा"रण वष" िनधा"रण वष"

189/-, it is entitled for deduction u/s.35(2AB) of the Income tax Act, 1961. Initiate 10 M/s. Nath Genes (I) Ltd., A.Yrs. 2011-12 to 2014-15 penalty proceedings u/s.271(1)(c) of the Income tax Act, 1961, for furnishing of inaccurate particulars of income.” 11. Regarding the appeal for A.Y. 2013-14, assessee made similar claim

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

3) of the Act and no action can be taken u/s. 147 of the Act after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reasons of the failure on the part of the assessee to disclose all material facts necessary

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

3) of the Act and no action can be taken u/s. 147 of the Act after the expiry of four years from the end of the relevant assessment year, unless any income chargeable to tax has escaped assessment for such assessment year by reasons of the failure on the part of the assessee to disclose all material facts necessary

INCOME TAX OFFICER, WARD-1, JALNA, INCOME TAX OFFICE, JALNA vs. THE BEED DISTRICT CENTRAL CO-OP. BANK LTD., BEED

In the result, the appeal of the Revenue in ITA No

189/- are put under sub-headings ‘Overdue\ninterest from Society Loans’and‘Overdue interest from Individual Loans'\nrespectively. Similarly, on the Liabilities side of the Balance-Sheet an entry of\nRs.82,81,68,339/- styled as ‘Overdue Interest Reserve’appears. It has been\nexplained that the term Reserve has been mistakenly used and in-fact the said\namount reflects

SANKET INDUSTRIES LIMITED,,AURANGABAD vs. INCOME-TAX OFFICER, WARD - 2,, JALNA

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

Bench: Shri S.S.Viswanethra Ravi & Shri Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1958/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Sanket Industries Limited, Vs. The Income Tax Flat No.101, Bhoomi Apartment, Officer, Ward-2, 1St Floor, Nutan Laxmi Chs, Plot Jalna. No.9, Jvpd Scheme, Ville Parle (W), N.S. Road, No.8, Mumbai – 400056 Pan: Aafcs6118M Appellant Respondent Assessee By None Revenue By Shri S.P. Walimbe Date Of Hearing 15-02-2022 Date Of Pronouncement 11-03-2022 आदेश / Order Per Dr. Dipak P. Ripote, Am : This Appeal By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax (Appeals)-1[Ld.Cit(A)], Aurangabad Order Dated 27.03.2017 For Assessment Year 2012-13. The History Of Notices By Itat Issued For Hearing In This Case Is As Under: Date Of Hearing Present / Absent 03.04.2020 None Present On Behalf Of Appellant 15.12.2021 None Present On Behalf Of Appellant 08.02.2022 None Present On Behalf Of Appellant 15.02.2022 None Present For The Appellant

Section 37 is that it should full fill the conditions mentioned above. The expenditure should have been incurred wholly and exclusively for the purpose of business of the Appellant. In this case the appellant has not filed any documents to establish that the expenditure was incurred wholly and exclusively for the purpose of business of the appellant. The burden