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51 results for “section 68”+ Section 253clear

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Key Topics

Section 143(3)63Addition to Income44Section 12A36Section 133A32Section 153A25Section 10(20)24Section 1124Section 132(4)24Disallowance23Section 80I

AADHUNIK INFRASTRUCTURE DEVELOPMENT PRIVATE LIMITED,JALGAON vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JALGAON

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

ITA 439/PUN/2023[2012-13]Status: DisposedITAT Pune18 Sept 2024AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2012-13

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Ramnath P Murkunde
Section 143(3)Section 14ASection 271(1)(c)Section 68

section 147 of the Act as on the basis of the facts of the case the AO had the basis to believe that claim of exempt income u/s 10(38) of the Act in the return of income was not allowable. 11. Keeping in view above facts and discussion, it is held that the AO has drawn his satisfaction

Showing 1–20 of 51 · Page 1 of 3

18
Survey u/s 133A13
Deduction10

INCOME-TAX OFFICER vs. AKASH FARMS PVT. LTD.,, AURANGABAD

In the result, the appeal of the Revenue is dismissed

ITA 1482/PUN/2016[2012-13]Status: DisposedITAT Pune12 Jul 2019AY 2012-13

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.1482/Pun/2016 िनधा"रण वष" / Assessment Year : 2012-13 Ito, Ward-1(1), .......अपीलाथ" / Appellant Aurangabad. बनाम / V/S. M/S. Akash Farms Llp, Nath House, Paithan Road, Aurangabad. ……""यथ" / Respondent Pan : Aadca3303J Revenue By : Smt. Shabana Parveen Assessee By : Shri N. R. Agarwal सुनवाई क" तारीख / Date Of Hearing : 15.05.2019 घोषणा क" तारीख / Date Of Pronouncement : 12.07.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Revenue Against The Order Of The Cit(A)- 1, Aurangabad Dated 29.04.2016 For The Assessment Year 2012-13. 2. The Revised Grounds Raised By The Revenue Are As Under :- “1. The Ld. Commissioner Of Income-Tax (A)-1 Erred In Passing The Order Both On The Facts Of The Case & In Law. 2. The Ld. Commissioner Of Income-Tax (A)-1 Erred In Failing To Give To The A.O. Reasonable Opportunity Required To Be Given To The A.O. As Per Rule 46A(3) As Only Seven Days Were Given To The A.O. For Examining & Rebutting The Considerable Additional Evidence Produced By The Assessee & For Submitting The Remand Report & The Order Was Passed By Cit(A) On The Very Next Day After The Remand Report Was Due. 3. The Ld. Commissioner Of Income-Tax (A)-1 Erred In Not Upholding The Addition Of Rs.42608528/- In Light Of The Decision By The Hon’Ble Supreme Court In The Case Of Pcit Vs Nra Iron & Steel (P) Ltd. (Reported In 103 Taxmann.Com 48) As In The Instant Case The Investor Company Was In Loss Of Rs.65,459/- & Had Negative Figures Of Reserve & Surplus Of Rs.3.60 Crores.

For Appellant: Shri N. R. AgarwalFor Respondent: Smt. Shabana Parveen
Section 143(3)Section 68

section 68 of the Act apply to the transactions under 8 scrutiny. Further, it is the suspicion of the Revenue that the shares are allotted to Kagliwals without receiving the funds by way of cash or cheque and against only the book entries. 13. However, on verification of the assessment order, we find the Assessing Officer

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

ITA 557/PUN/2024[2020-21]Status: DisposedITAT Pune09 Aug 2024AY 2020-21

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

For Appellant: Shri K P DewaniFor Respondent: Shri Pankaj Kumar
Section 143(2)Section 143(3)Section 250Section 250(1)Section 68Section 69C

section 68 are absent, the addition made is 9 prima facie unjustified. He submitted that the CIT(A) / NFAC without understanding the evidence on record in a very cryptic order has sustained the addition made by the Assessing Officer which is not correct. 16. The Ld. DR on the other hand heavily relied on the orders of the Assessing

M/S OM NAMAH SHIVAY TRADING COMPANY,,PARAOLA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -1,, JALGAON

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

ITA 511/PUN/2023[2017-18]Status: DisposedITAT Pune29 Apr 2024AY 2017-18

Bench: Shri R. K. Panda & Shri S.S. Godaraassessment Year : 2017-18

For Appellant: Shri Sanket M JoshiFor Respondent: Shri Ramnath P Murkunde
Section 131Section 131(1)(d)Section 133(6)Section 143(2)Section 68

section 68 the recipient has to prove identity, creditworthiness and genuineness of the transaction. In the present case only identity has been proved as Mr Harish Kantilal Shah in a statement before the investigation wing Mumbai and on the overall perspective of evidence furnished by the appellant do not seem to have much creditworthiness. As regards as genuineness

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE vs. DHANRAJ CHHAGANLAL SHAH, PUNE

In the result, the appeal of the Revenue in ITA

ITA 2027/PUN/2017[2014-15]Status: DisposedITAT Pune23 Mar 2022AY 2014-15
For Appellant: Shri Bharat ShahFor Respondent: Shri M. Jasnani
Section 133(6)Section 143(3)Section 41(1)Section 68Section 69C

68 of the Act. However, on appeal before the ld. CIT(A), the ld. CIT(A) held that the same are taxable under the provisions of section 41(1) of the Act. The very fact that the assessee itself had offered to tax the credits in the succeeding assessment year i.e. A.Y. 2015-16 goes to prove that

DHANRAJ CHHAGANLAL SHAH,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

In the result, the appeal of the Revenue in ITA

ITA 1802/PUN/2017[2014-15]Status: DisposedITAT Pune23 Mar 2022AY 2014-15
For Appellant: Shri Bharat ShahFor Respondent: Shri M. Jasnani
Section 133(6)Section 143(3)Section 41(1)Section 68Section 69C

68 of the Act. However, on appeal before the ld. CIT(A), the ld. CIT(A) held that the same are taxable under the provisions of section 41(1) of the Act. The very fact that the assessee itself had offered to tax the credits in the succeeding assessment year i.e. A.Y. 2015-16 goes to prove that

SANGEETA BASAVRAJ MANGRULE,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, AURANGABAD

Appeal is dismissed in above terms

ITA 706/PUN/2019[2015-16]Status: DisposedITAT Pune11 Aug 2022AY 2015-16
For Appellant: NoneFor Respondent: Shri M.G. Jasnani
Section 10(38)Section 131Section 143(3)

253 ISO and CIT Vs. Smt. Datta Mahendra Shah 120151 62 taxmann.com 325/235 Taxman 1 (Bombay HC) and relied on by the learned counsel for the assessee are distinguishable on facts and cannot be applied to the case in hand". Further the Hon'ble Bombay High Court in the case of Sanjay Bimal Chand Jain(supra) held that the manifold

SHRI VENKATESHWARA PANMASALA INDUSTRIES PVT LTD,KOLHAPUR vs. ACIT, CENTRAL CIRCLE-1(1), KOLHAPUR, KOLHAPUR

The appeal stands partly allowed for statistical purposes

ITA 733/PUN/2024[2019-20]Status: DisposedITAT Pune26 Nov 2024AY 2019-20

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamoreassessment Year : 2019-20 Shri Venkateshwara Panmasala Industries Pvt Ltd, 335, Sangli Kolhapur Byepass Road, Dharangutti Via Jaysingpur – 416 203. Pan: Aaccs5553P. . . . . . . . Appellant V/S The Asstt Commissioner Of Income Tax, Central Circle-1(1), Kolhapur . . . . . . . Respondent Appearances Assessee By : Mr Hari Krishan [‘Ld. Ar’] Revenue By : Mr Arvind Desai [‘Ld. Dr’] Date Of Conclusive Hearing : 25/09/2024 Date Of Pronouncement : 26/11/2024 Order Per G. D. Padmahshali, Am; The Present Appeal Of The Assessee Is Instituted U/S 253(1) Of The Income Tax Act, 1961 [‘The Act’ Hereinafter] Which Impugns First Appellate Order Dt. 06/03/2024 Passed By National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)/ Ld. Nfac’ Hereinafter] U/S 250 Of The Act Which Emerged In Relation To & Out Of Assessment Order Dt. 24/11/2023 Passed By Ld. Assessment Unit, Nfac [‘Ld. Ao’ Hereinafter] U/S 147 R.W.S 144B Of The Act For Assessment Year 2019-20 [‘Ay’ Hereinafter].

For Appellant: Mr Hari Krishan [‘Ld. AR’]For Respondent: Mr Arvind Desai [‘Ld. DR’]
Section 132Section 132(4)Section 143(1)Section 147Section 148ASection 250Section 253(1)Section 68

253(1) of the Income Tax Act, 1961 [‘the Act’ hereinafter] which impugns first appellate order dt. 06/03/2024 passed by National Faceless Appeal Centre, Delhi [‘Ld. CIT(A)/ Ld. NFAC’ hereinafter] u/s 250 of the Act which emerged in relation to & out of assessment order dt. 24/11/2023 passed by Ld. Assessment Unit, NFAC [‘Ld. AO’ hereinafter] u/s 147 r.w.s 144B

UNIVERSAL REALTY,PUNE, INDIA vs. INCOME TAX OFFICER, WARD 3(3), SWARGATE, PUNE

In the result, appeal of the assessee is dismissed

ITA 811/PUN/2025[2018-2019]Status: DisposedITAT Pune29 May 2025AY 2018-2019

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.811/Pun/2025 Assessment Year : 2018-19

For Appellant: Ms. Shweta JoshiFor Respondent: Shri Manish Mehta
Section 147Section 250Section 264

253 of the Act. Assessee only took a alternate remedy to again make the proceedings u/s.250 of the Act alive and filed the appeal against the order u/s.250 of the Act passed by ld.CIT(A) on 24.04.2024 before this Tribunal with a delay of 268 days. Grievance of the assessee before this Tribunal is that ld.CIT(A) ought to have

DY.COMMISSIONER OF INCOME TAX CIRCLE-1 NASSHIK, NASHIK vs. HARSH CONSTRUCTIONS PRIVATE LIMITED, NASHIK

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

ITA 302/PUN/2024[2014-15]Status: DisposedITAT Pune10 Jul 2024AY 2014-15

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15 Dcit, Circle – 1, Harsh Constructions Pvt. Ltd. Nashik Sanskruti, Murkute Colony, Vs. New Pandit Colony, Sharanpur Road, Nashik – 422002 Pan: Aacch2277H (Appellant) (Respondent) Assessee By : Shri Dhiraj S. Dandgaval Department By : Shri Ramnath P Murkunde Date Of Hearing : 03-07-2024 Date Of Pronouncement : 10-07-2024 O R D E R Per R.K. Panda, Vp : This Appeal Filed By The Revenue Is Directed Against The Order Dated 20.12.2023 Of The Cit(A) / Nfac, Delhi Relating To Assessment Year 2014-15. 2. The Revenue In The Grounds Of Appeal Has Challenged The Order Of The Ld. Cit(A) In Restricting The Disallowance To Rs.2,24,191/- As Against Rs.1,25,51,607/- Proposed By The Assessing Officer In The Remand Report As Against Rs.4,38,96,880/- Added By Him In The Order Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’).

For Appellant: Shri Dhiraj S. DandgavalFor Respondent: Shri Ramnath P Murkunde
Section 133Section 133(5)Section 133(6)Section 143(2)Section 143(3)

253/- Shri. Khushiram Ram Kumar Pal 2 Shri. Ashok Meshram 44,21,804/- 31,613/- 3 Shri.Asim Haran Biswas 48,46,381/- 48,46,381/- 4 Gannon International 1,12,955/- 1,12,955/- 5 5 1,68,76,451/- 11,093/- GGS Designers Fabricators Pvt Ltd. 6 Guddu Singh 5,00,615/- Nil 7 Harshit Mondal

M/S. VISHAY COMPONENTS INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 12, PUNE

The appeal of the assessee is partly allowed for statistical purposes

ITA 213/PUN/2022[2017-18]Status: DisposedITAT Pune13 Sept 2022AY 2017-18

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

For Appellant: Shri Madhur Agarwal (through virtual)For Respondent: Shri Kalika Singh (through virtual)
Section 143(3)Section 144BSection 144C(13)Section 253

253( 1)( d) of the Income-tax Act, 1961 (hereinafter referred to as 'Act') against the order dated 15 February 2022 (received on 15 February 2022 via email) passed by the Additional/Joint/Deputy/Assistant Commissioner of Income Taxi Income Tax Officer, National Faceless Assessment Centre, Delhi(hereinafter referred to as 'the learned AO') under section 143(3) read with section

PRADIP POPATLAL KATARIYA,AHILYANAGAR vs. ITO, WARD-1, AHILYANAGAR, AHILYANAGAR

ITA 1496/PUN/2025[2011-12]Status: DisposedITAT Pune08 Sept 2025AY 2011-12

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Prasad Bhandari, CA (virtual)For Respondent: Shri Shashank Ojha, Addl.CIT
Section 143(3)Section 250Section 253(5)Section 69

section 253(5) of the Act and also taking a justice oriented approach in the light of the judgments of Hon’ble Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. [(1987) 2 SCC 107] and in the case of Inder Singh Vs. State of Madhya Pradesh judgment dated 21.03.2025 (2025 INSC

DCIT, CIRCLE-2, PUNE, PUNE vs. VASTUSHODH REALTY, PUNE

Appeal is dismissed in above terms

ITA 254/PUN/2024[2018-19]Status: DisposedITAT Pune12 Sept 2024AY 2018-19

Bench: Shri R.K. Panda & Shri S.S. Godaraआयकर अपील आयकर अपील संसंसंसं. / Ita No.254/Pun/2024 आयकर आयकर अपील अपील िनधा"रण वष" / Assessment Year: 2018-19

For Appellant: NoneFor Respondent: Shri Arvind Desai
Section 250Section 68

section 68 on the aggregate amounts introduced in the only two partners' capital account as unexplained for the reason the credit worthiness of the partners was not satisfactorily explained. The AO added the entire credits without considering even the disallowances for the reason that the appellant did not furnish individual capital account but only consolidated account. During appeal also

AMIT BHASKARRAO SANAP,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -3, , AURANGABAD

In the result, appeal of the Assessee is Dismissed

ITA 78/PUN/2019[2015-16]Status: DisposedITAT Pune19 Oct 2022AY 2015-16

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.78/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Amit Bhaskarrao Sanap, The Assistant A-2, N-4, Cidco, Aurangabad, Vs Commissioner Of Income Maharashtra – 431001. Tax, Circle-3, Aurangabad. Pan: Auips 4177 L Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri S P Walimbe & Shri Arvind Desai – Dr Date Of Hearing 25/07/2022 Date Of Pronouncement 19/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Aurangabad, Dated 13.11.2018 For The A.Y. 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner (A), Aurangabad Confirming The Addition Of Rs.1,93.17.241/- Made By The A.O. In Computing The Income U/S 56 Instead Of Exempt U S. 10(38) Of The Act Of The Appellant Is Contrary To Law & Facts Of The Case.

Section 10(38)Section 56

253 (SC) and CIT Vs. Smt. Datta Mahendra Shah [2015] 62 taxmann.com 325/235 Taxman 1 (Bombay HC) and relied on by the learned counsel for the assessee are distinguishable on facts and cannot be applied to the case in hand". Further the Hon'ble Bombay High Court in the case of Sanjay Bimal Chand Jain(supra) held that the manifold

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

ITA 814/PUN/2016[2008-09]Status: DisposedITAT Pune08 Nov 2019AY 2008-09

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

Section 132Section 132(4)Section 133ASection 143(3)Section 153A

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

ITA 813/PUN/2016[2007-08]Status: DisposedITAT Pune08 Nov 2019AY 2007-08

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

Section 132Section 132(4)Section 133ASection 143(3)Section 153A

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

ITA 818/PUN/2016[2012-13]Status: DisposedITAT Pune08 Nov 2019AY 2012-13

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

Section 132Section 132(4)Section 133ASection 143(3)Section 153A

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHAHAJI BHANUDAS BHAD,, PUNE

In the result, the appeal is partly allowed

ITA 953/PUN/2016[2011-12]Status: DisposedITAT Pune08 Nov 2019AY 2011-12

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

Section 132Section 132(4)Section 133ASection 143(3)Section 153A

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

ITA 815/PUN/2016[2009-10]Status: DisposedITAT Pune08 Nov 2019AY 2009-10

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

Section 132Section 132(4)Section 133ASection 143(3)Section 153A

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal

SHAHAJI BHANUDAS BHAD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is partly allowed

ITA 816/PUN/2016[2010-11]Status: DisposedITAT Pune08 Nov 2019AY 2010-11

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita Nos. 813 To 818/Pun/2016 िनधा"रण वष" / Assessment Years : 2007-08 To 2012-13

Section 132Section 132(4)Section 133ASection 143(3)Section 153A

section 132(4), which delineates that the statement made by the assessee may or may not be used as evidence in the assessment proceedings. The nitty gritty of the matter is that though a statement made u/s 132(4) carries immense weight and works as an evidence, but the same is not conclusive in so far as the legal