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 r.w.s. 115BBE of the Act cannot be attracted to the additional income declared during the course of search. 26. Even otherwise also the assessee during the course of search in his statement recorded u/s 132(4) of the Act has stated to have obtained loans from various persons as per the seized document. 27. We find

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 r.w.s. 115BBE of the Act cannot be attracted to the additional income declared during the course of search. 26. Even otherwise also the assessee during the course of search in his statement recorded u/s 132(4) of the Act has stated to have obtained loans from various persons as per the seized document. 27. We find

GRUHA NAVNIRMAN DEVELOPERS,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CRICLE-2, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

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

64,724/- u/s 68 of the Act, the relevant observations and findings of the Ld. CIT(A) is as under : “4.4 I have gone through the assessment order and record available. I have considered the detailed facts. The assessee prima-facie has not complied with the ingredients required u/s 68 of the Act of genuineness, identity and creditworthiness. After considering

JAIBHAGWAN BANARASIDAS JINDAL,JALNA vs. THE INCOME TAX OFFICER, WARD-1, JALNA

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17

64,870/- Reasons for the reopening In this case information has been received through insight portal from DDIT(Inv.) Unit 3(3), Delhi through insight portal that the assessee has traded the scrips of shell company viz, M/s. Yamini Investments Co. Ltd.(YICL). This is proved to be a penny stock company listed on BSE with Script Code

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD vs. SHRI. BALAJI RAMCHANDRA ANDE, LATUR

In the result, appeal of the Revenue dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

sections 68, 69, 69A to 69D and levy of higher rate of tax u/s 115BBE, following factors are required to be considered – • Whether nature of income is clearly explained during the survey or during assessment proceedings. • Whether income can be classified under a particular head of income based on nature so as to demonstrate that it is flowing from

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/- by making an addition of Rs.5,02,970/- on account of disallowance under section 14A read with Rule 8D, to the income of Rs.11,63,23,680/- determined as per order under section 143(1)(a) of the Act. However, no disallowance under section 80IA was made by the Ld. FAO while passing

KOTHARI AGRITECH PRIVATE LIMITED,SOLAPUR vs. 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/- by making an addition of Rs.5,02,970/- on account of disallowance under section 14A read with Rule 8D, to the income of Rs.11,63,23,680/- determined as per order under section 143(1)(a) of the Act. However, no disallowance under section 80IA was made by the Ld. FAO while passing

SARIKA ASHOK SATAV,,PUNE vs. INCOME-TAX OFFICER, WARD - 12(4),, PUNE

Appeal is partly allowed for statistical purposes in above terms

Bench: Shri S.S.Godara, Jm & Shri G.D. Padmahshali, Am आयकर अपील सं. / Ita No.1952/Pun/2017 धनधाारण वषा / Assessment Year : 2013-14

64(1) of the I.T.Act are not applicable in the instant case. Therefore, transactions made by the asessee and in this context it can be said to be as under: "When 98% returns are not scrutinized by the Department, there are probability of 98% tax evasion done by the Assessee is buried with the file and therefore, clever Assessee will

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

68 are not applicable, the provisions of section 115BBE are not attracted. Referring to the following decisions, he submitted that the amendment brought in sub-section (2) of section 115BBE by the Finance Act, 2016 would be applicable from 01.04.2017 i.e. A.Y. 2017-18 only: i) Shree Karthik Papers Ltd. vs. DCIT (2020) 118 taxmann.com

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

68 are not applicable, the provisions of section 115BBE are not attracted. Referring to the following decisions, he submitted that the amendment brought in sub-section (2) of section 115BBE by the Finance Act, 2016 would be applicable from 01.04.2017 i.e. A.Y. 2017-18 only: i) Shree Karthik Papers Ltd. vs. DCIT (2020) 118 taxmann.com

DINESHKUMAR RAMCHANDRA TULSYAN (HUF),,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(5),, NASHIK

In the result, both the appeals filed by the assessee are partly allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15 Dineshkumar Ramchandra Tulsyan (Huf) Ito, Ward 1(5), 214B, Laxmi Niwas, Mahatma Nagar, Vs. Nashik Nashik – 422007 Pan: Aachd5953R (Appellant) (Respondent) Assessment Year : 2014-15 Smt. Sumandevi Dineshkumar Tulsyan Ito, Ward 1(5), 214B, Laxmi Niwas, Mahatma Nagar, Vs. Nashik Nashik – 422007 Pan: Ackpt1322Q (Appellant) (Respondent)

64,500/-. 9. He noted that during the period from 14.02.2013 to 14.02.2014 the price of the scrip rose from Rs.5.50 to Rs.499 within average volume of 300 without there being any corporate announcement which could support such price in the scrip. The Assessing Officer also made enquiries u/s 133(6) of the Act and sent a letter dated

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

Appeal is dismissed in above terms

64, Mayurban Colony, Shahnoorwadi Darga Road, Aurangabad PAN: AJIPM 9153 H :Appellant Vs. The Asstt. CIT Cir. 2, Aurangabad : Respondent Appellant by : None Respondent by : Shri M.G. Jasnani Date of Hearing : 28-07-2022 Date of Pronouncement : 11-08-2022 ORDER This assessee’s appeal for A.Y. 2015-16 arises against the CIT(A)- 2, Aurangabad’s order dated

SONU GOMA BHANGALE,JALGAON vs. ITO WARD 2(1) JALGAON, JALGAON

In the result, appeal of the Assessee is allowed for\nstatistical purposes

64,155/- in the\nsavings bank account held with Godavari Laxmi Cooperative\nBank, Jalgaon, the assessee was served notice u/s.148 of the\nAct. In compliance to which, return of income was furnished\non 24/07/2017 declaring income of Rs.1,25,840/- and\nagricultural income of Rs.65,00,000/-. The Ld.AO completed\nthe assessment proceedings u/s.143(3) r.w.s.147 of the Act\nvide

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 5,, PUNE vs. RAKESH MOTILAL SHARMA,, PUNE

Appeals are partly allowed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.2123 & 2124/Pun/2017 ननधधारण वषा / Assessment Year : 2013-14 & 2014-15

68 of the Act and citing a number of decisions of various Courts / ITAT‟s contended that it is a settled position that to treat an unexplained cash credit under the said section, the AO has to satisfied that the assessee could not prove any or all of the criteria i.e. (i) identity of the creditor, (ii) Capacity

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 5,, PUNE vs. RAKESH MOTILAL SHARMA,, PUNE

Appeals are partly allowed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.2123 & 2124/Pun/2017 ननधधारण वषा / Assessment Year : 2013-14 & 2014-15

68 of the Act and citing a number of decisions of various Courts / ITAT‟s contended that it is a settled position that to treat an unexplained cash credit under the said section, the AO has to satisfied that the assessee could not prove any or all of the criteria i.e. (i) identity of the creditor, (ii) Capacity

SMT. SUMANDEVI DINESHKUMAR TULSYAN,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(5),, NASHIK

64,500/-.\nHe noted that during the period from 14.02.2013 to 14.02.2014 the price of\nthe scrip rose from Rs.5.50 to Rs.499 within average volume of 300 without there\nbeing any corporate announcement which could support such price in the scrip.\nThe Assessing Officer also made enquiries u/s 133(6) of the Act and sent a letter\ndated

VINODKUMAR DHANULALJI SAWJI ,JALNA vs. ITO WARD 1, JALNA

In the result, appeals of the Assessee are partly allowed for statistical purposes

Bench: Dr. Manish Borad & Shri Vinay Bhamore

section 68 of the IT Act.” 5. At the outset, learned counsel for the assessee requested for not pressing the legal issues raised in the modified grounds of appeal filed in both the appeals for the years under consideration. Accordingly, ground Nos. 1, 2 & 4 are dismissed as not pressed. 4 ITA.Nos.1415 & 1416/PUN./2024 (Vinodkumar Dhanulalji Sawji

KAILASH KANHAIYALAL GIDWANI, L/H OF LAT KANHAIYALAL V. GIDWANI,,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -1,, SANGLI

In the result, appeal of the assessee is partly allowed

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.1792/Pun/2019 Assessment Year : 2010-11

section 68 can be invoked for the unsecured loan of Rs.12,50,000/- received by the assessee from JMCPL. We notice that the assessee is having regular transactions with the alleged creditor and there is opening balance of Rs.60,64