KOTHARI AGRITECH PVT. LTD,,SOLAPUR vs. THE DCIT, CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

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

68,26,650/- 11 ITA Nos.2392 & 2455/PUN/2024, AY 2018-19 It is noted that JAO has also passed the detailed rectification order u/s 154 r.w.s. 143(3) vide order number ITBA/REC/S/154-1/2023- 24/1054089997(1) dated 03.07.2023 and elaborately discussion relevant and applicable case laws, has remarked that Para no. 6.4.3" in the rectification order as under:- 6.4.3 Based on the above

M/S. EATON INDUSTRIAL SYSTEMS PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.536/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 M/S. Eaton Industrial Systems Pvt. Ltd., 145, Off Mumbai Pune Road, अऩीऱाथी/Appellant Pimpri, Pune – 411018 …. Pan: Aabce4955C Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

68,000/- to the international transactions of manufacturing business in respect of the truck components unit and an adjustment of ₹ 77,78,613/- to the international transactions in respect of import of fixed assets. The Assessing Officer thereafter, passed draft assessment order dated 26.03.2013 under section 143(3) r.w.s. 144C(1) of the Act. The learned Authorized Representative

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

234B and 234C in clear terms impose a mandate to collect interest at the rates stipulated therein. The expression 'shall' used in the said sections cannot by any stretch of imagination be construed as "may". This is clear from the fact that prior to the amendment brought about by the Finance Act, 1987, the legislature in the corresponding section

ANUJ UMESH GOEL,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

In the result, the appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1632/Pun/2017 यििाारण वषा / Assessment Year : 2013-14

68,00,896/- and ₹ 2,06,19,870/-, respectively. The Assessing Officer had erred in charging higher interest under section 234A and 234B of the Act without giving credit for the same. The CIT(A) in para 5 has directed that CBDT Circular No.2/2015, dated 10.02.2015 6 Annuj Goel be followed, but has not clarified the contents of said

ARUNA SINGH ,THANE vs. ITO WARD 3(1), KALYAN

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

3(1), Kalyan\nप्रत्यर्थी / Respondent\nAssessee by :\nDepartment by :\nDate of hearing :\nDate of\nPronouncement :\nShri Sharad Vaze & Amod Vaze\nShri Amol Khairnar\n13-01-2025\n11-04-2025\nआदेश / ORDER\nPER ASTHA CHANDRA, JM :\nThe appeal filed by the assessee is directed against the order dated\n06.11.2024 of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi

SHIVENDRA NAGOJIRAO PATANKAR,(HUF),,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 1(2),, KOLHAPUR

In the result, both the appeal of the assessee as well as the Cross

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.260/Pun/2018 िनधा!रण वष! / Assessment Year : 2014-15

68 of the Act was changed by Ld. CIT(A) invoking S. 292B as mistake and treating the same as under section 69 of the Act. The assessee has not maintained books of account and the bank account cannot be considered as his books of account. In view of this the addition confirmed by Ld. CIT(A) under section

SHRI PARSHWANATH NAGARI SAHAKARI PATHSANSTH,SATARA vs. DCIT, CENTRAL CIRCLE 2(4), PUNE, PUNE

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

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

section 68 of the Act by the Assessing Officer duly confirmed by him being arbitrary, illegal and bad-in-law be quashed. 2. On the facts and in the circumstances of the case and in law, the Ld.CIT(A)-12, Pune erred in dismissing the appeal of the appellant society filed against the Assessment Order passed

NANDKISHOR L. AGRAWAL,,JALNA vs. INCOME-TAX OFFICER,,

In the result, appeal of assessee is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.794/Pun/2015 यििाारण वषा / Assessment Year : 2010-11 Shri Nandkishor L Agrawal D-16, Addl.Midc, Aurangabad Road, अऩीऱाथी/Appellant Jalna. …. Pan: Adppa7327N Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 1(3), Jalna

68. Appellant prays to delete the same. 2. Assessing Officer has added in not verifying Sandeep Agarwal’s Balance sheet with Ward 1(3), Jalna. 3. Appellant prays for Just & Equitable Relief. 4. Appellant prays for cancellation of interest U/s 234B. 3. The appeal was fixed for hearing first on 13.06.2017 and the same was adjourned

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1) , PUNE vs. FIAT INDIA AUTOMOBILES PRIVATE LIMITED, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

234B of the Act. The Appellant prays that the interest under section 2348 of the Act is unwarranted and the same be deleted and/or correspondingly reduced. 5. Ground No. 5 Ld. AO has erred in initiating penalty proceedings under section 274 read with section 271(1)(c) of the Act. The Appellant prays that the penalty proceedings

M/S. FIAT INDIA AUTOMOBILES PRIVATE LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

234B of the Act. The Appellant prays that the interest under section 2348 of the Act is unwarranted and the same be deleted and/or correspondingly reduced. 5. Ground No. 5 Ld. AO has erred in initiating penalty proceedings under section 274 read with section 271(1)(c) of the Act. The Appellant prays that the penalty proceedings

KAPIL ALCOTECH LLP,AURANGABAD vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 1, AURANGABAD

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

68 of I.T. Act, 1961 is illegal, invalid and bad in law. 13) The assessee denies liability to pay interest u/s 234A, 234B and 234C of I.T. Act, 1961. Without prejudice, levy of interest under section 234A, 234B and 234C of I.T. Act, 1961 is unjustified, unwarranted and excessive. 5. The grounds of appeal No.1 to 3

AMIT SURESH AGRAWAL,SATARA vs. ITO WARD-2, SATARA

In the result, appeal of the assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2225/Pun/2025 निर्धारण वषा / Assessment Year: 2016-17 Amit Suresh Agrawal, V The Income Tax Officer, Amit Trading Co, Plot No.35, S Ward-2, Satara. Satara – 415002. Maharashtra. Pan: Abgpa2925D Appellant/ Assessee Respondent / Revenue Assessee By Shri Suhas Kulkarni – Advocate Revenue By Shri Eknath Abhang – Add.Cit(Dr) Date Of Hearing 30/10/2025 Date Of Pronouncement 30/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2016-17 Dated 02.04.2025 Emanating From The Assessment Order Passed Under Section 147 R.W.S 144B Of The Income Tax Act, 1961 Dated 10.05.2023. The Assessee Has Raised The Following Grounds Of Appeal :

3. The Assessing Officer has erroneously reopened the appellant's case under Section 147 based on a search operation conducted at the premises of M/s. Renuka Mata Multi State Urban Co-op Credit Society Ltd. Since the foundation of the present case emanates from search action wherein materials were seized, explored and enquired into, the provisions of Section

EATON TECHNOLOGIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

Appeal is partly allowed in above terms

Bench: Shri S. S. Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.3075/Pun/2017 ननधधारण वषा / Assessment Year : 2013-14 Eaton Technologies Pvt. Ltd. Cluster C, Wing 1, Eon Free Zone, Plot No.1, Sr. No.77, Midc Kharadi Knowledge Park, Kharadi ,Pune- 411 014. .......अपऩलधथी / Appellant Pan : Aabce4323Q बनधम / V/S. ……प्रत्यथी / Respondent Dcit, Circle-1(2), Pune Assessee By : Shri Vishal Karla Revenue By : Shri S. P. Walimbe

68, involving proceeding u/s.143(3) r.w.s.144C(13) of the I.T.ACT, 1961 ; in short "the Act. Heard both the parties. Case file perused. 2. The assessee raises the following substantive grounds in the instant appeal. ―1. That on facts and circumstances of the case and in law, the AO erred in assessing the income of the Appellant under the normal provisions

DEPUTY COMMISSIONER INCOME-TAX vs. VENTURA (INDIA) PVT. LTD.,, PUNE

In the result, both the appeals of assessee and Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1788/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 Ventura (India) Pvt. Ltd., Wing C, Marisoft, Kalyani Nagar Annex, Vadgaon Sheri, अऩीऱाथी/Appellant Pune – 411014 …. Pan: Aabce3274C Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

234B of the Act is consequential, hence the same is dismissed. The issue in ground of appeal No.13 against initiation of penalty proceedings under section 271(1)(c) of the Act is premature and the same is also dismissed. 7. Vide additional ground of appeal, the assessee is aggrieved by inclusion of Cosmic Global Ltd. and Vishal Technologies

VENTURA (INDIA) PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee and Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1788/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 Ventura (India) Pvt. Ltd., Wing C, Marisoft, Kalyani Nagar Annex, Vadgaon Sheri, अऩीऱाथी/Appellant Pune – 411014 …. Pan: Aabce3274C Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 7, Pune

234B of the Act is consequential, hence the same is dismissed. The issue in ground of appeal No.13 against initiation of penalty proceedings under section 271(1)(c) of the Act is premature and the same is also dismissed. 7. Vide additional ground of appeal, the assessee is aggrieved by inclusion of Cosmic Global Ltd. and Vishal Technologies

SPRINGER NATURE TECHNOLOGY AND PUBLISHING SOLUTIONS PRIVATE LIMITED,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 5, PUNE, PUNE

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Dr.Manish Borad & Shri Vinay Bhamore

234B of INR 66,02,052, without assigning any reason whatsoever. Excess levy of interest under section 234C of the Act and ITA.No.2800/PUN/2024 Springer Nature Technology and Publishing Solutions Private Limited 14. The learned AO erred in levying interest under section 234C of the Act amounting to INR 39,34,599 as against Interest

SPRINGER NATURE TECHNOLOGY AND PUBLISHING SOLUTIONS PRIVATE LIMITED,PUNE vs. THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT AND THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 5, PUNE, PUNE

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Dr.Manish Borad & Shri Vinay Bhamore

234B of INR 66,02,052, without assigning any reason whatsoever. Excess levy of interest under section 234C of the Act and ITA.No.2800/PUN/2024 Springer Nature Technology and Publishing Solutions Private Limited 14. The learned AO erred in levying interest under section 234C of the Act amounting to INR 39,34,599 as against Interest

RATHOD JEWELLERS,PUNE vs. ACIT, CENTRAL CIRCLE -2(3), PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

section 68 doesn't arise. 4. On the facts and circumstances of the case, learned CIT(A) failed to appreciate the fact of incorrect levy of interest 234B of the Act on the entire assessed income while calculating demand. 5. The appellant may kindly be permitted to add to or alter any of grounds of appeal, if deemed necessary

SAS RESEARCH AND DEVELOPMENT (INDIA) PVT. LTD ,PUNE vs. ADDITIONAL / JOINT/ DEPUTY/ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), DELHI ADDITIONAL / JOINT/ DEPUTY/ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), DELHI

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.255/Pun/2021 िनधा"रणवष" / Assessment Year : 2016-17 Sas Research & The Additional / Joint / Development(India) Private Vs Deputy / Assistant Limited, Commissioner Of Income Level 1, 2A & 3, Tower 5, Tax / Income-Tax Officer, Cybercity, Magarpatta City, National E-Assessment Hadapsar, Pune – 411013. Centre, Delhi. Pan: Aaecs 8099 L Appellant/ Assessee Respondent /Revenue Assessee By Shri Rajendra Agiwal– Ar Revenue By Shri Shivraj B Moray – Dr Date Of Hearing 03/08/2022 Date Of Pronouncement 01/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Additional/Joint/ Deputy/Assistant Commissioner Of Income Tax, National E-Assessment Centre, Delhi, Dated 06.04.2021For The A.Y. 2016-17 Emanating From The Order Of The Dispute Resolution Panel-3, Mumbai, Dated 24/03/2020. The Assessee Has Raised The Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case, Sas Research & Development (India) Private Limited (‘Appellant’) Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The National E- Assessment Center, Delhi Under Section 143(3) R.W.S 144C(13),144C(13),143(3A) & 143(3B) Of The Income-Tax Act, 1961 (‘The Act’) Dated 6 April 2021 Pursuant To The Directions Issued By Hon’Ble Dispute Resolution Panel - 3 (‘Hon’Ble Drp’), Mumbai, Under Section 144C(5) Of The Act Dated 19 February 2021, On The Following Sas Research & Development (India) Pvt. Ltd., [A]

234B, 243C and 3 SAS Research and Development (India) Pvt. Ltd., [A] 243D of the Act and initiating penalty proceedings under Section 271(l)(c) of the Act. 2. Brief facts of the case are that the appellant assessee company filed its return of income on 29/11/2016 declaring total income of Rs.18,28,30,770/-. The Assessing Officer