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

72,591 24-12-2019 2,51,96,000 2016-17 16,254 24-12-2019 2,34,00,000 2017-18 -20,60,094 24-12-2019 78,00,000 3. During the proceedings, list of donors used to be submitted by the assessee. Thereafter, to verify the genuineness of the donations, a survey u/s 133A

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

72,591 24-12-2019 2,51,96,000 2016-17 16,254 24-12-2019 2,34,00,000 2017-18 -20,60,094 24-12-2019 78,00,000 3. During the proceedings, list of donors used to be submitted by the assessee. Thereafter, to verify the genuineness of the donations, a survey u/s 133A

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"

72-73. These assessment years were prior to the introduction of clause 2(24)(iia). Further, the decision was based on the reading of the then section 12(2) r.w.s.11 of the IT.Act. The appellant case is not covered by sec.11 and 12 of the IT.Act as it is not a registered u/s s 12A of the IT.Act. Therefore

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

72,63,525) impounded during the survey of Rs.3,11.76,525/-. This fact has been accepted by the Partner of the firm in the statement. Actual Closing stock is more than the closing stock as per books and hence provisions of section 69B are dearly applicable in this case. Excess stock of Rs.3,11,76,525/- represents assessee

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

72,63,525) impounded during the survey of Rs.3,11.76,525/-. This fact has been accepted by the Partner of the firm in the statement. Actual Closing stock is more than the closing stock as per books and hence provisions of section 69B are dearly applicable in this case. Excess stock of Rs.3,11,76,525/- represents assessee

DCIT CIRCLE 7, BODHI TOWER SALISBURY PARK vs. L B KUNJIR, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

72,63,525) impounded during the survey of Rs.3,11.76,525/-. This fact has been accepted by the Partner of the firm in the statement. Actual Closing stock is more than the closing stock as per books and hence provisions of section 69B are dearly applicable in this case. Excess stock of Rs.3,11,76,525/- represents assessee

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, PUNE vs. LB KUNJIR, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

72,63,525) impounded during the survey of Rs.3,11.76,525/-. This fact has been accepted by the Partner of the firm in the statement. Actual Closing stock is more than the closing stock as per books and hence provisions of section 69B are dearly applicable in this case. Excess stock of Rs.3,11,76,525/- represents assessee

DCIT, PUNE vs. L B KUNJIR, PUNE

In the result, the two appeals filed by the assessee are allowed and the three appeals filed by Revenue are dismissed

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

72,63,525) impounded during the survey of Rs.3,11.76,525/-. This fact has been accepted by the Partner of the firm in the statement. Actual Closing stock is more than the closing stock as per books and hence provisions of section 69B are dearly applicable in this case. Excess stock of Rs.3,11,76,525/- represents assessee

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

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

72 , while interpreting the provisions of section 35B of the Act, the deductions in respect of the execution of any contract for the supply outside India of such goods, services or facilities, held that the Tribunal's reading of the Section that the export should be ex-India is not supported by the language of the provision

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

2-3 years. On being questioned by the Assessing Officer, the\nassessee has merely stated that he was doing this on the advice of broker and\nmarket sentiment.\n\n18. Referring to the movement of shares price of M/s PFIL, he submitted that\nthe price of this company rose from Rs.14.28 in April 2010 to Rs.825/- in May,\n2014

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

2-3 years. On being questioned by the Assessing Officer, the\nassessee has merely stated that he was doing this on the advice of broker and\nmarket sentiment.\n\n18. Referring to the movement of shares price of M/s PFIL, he submitted that\nthe price of this company rose from Rs.14.28 in April 2010 to Rs.825/- in May,\n2014

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

72,53,728/-,u/s.234B of the IT Act, even though, appellant was not liable to pay Advance tax in view of the provision of section 208 of the I T Act, and hence, provision of section 234 B of the Act, is not attracted. Therefore, appellant denied the 6 Gopal Extrusions Pvt. Ltd. liability of interest u/s.234

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)

68-77of the appeal set). There was no adjustment to the book profit as per section 115JB of the Act as computed at by the assessee wherein BFL of ~INR 138.84 crore brought forward from AY 2013-14 was set-off in computing the book profit.  Thereafter, on 24 February 2021, the AO issued a notice

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)

68-77of the appeal set). There was no adjustment to the book profit as per section 115JB of the Act as computed at by the assessee wherein BFL of ~INR 138.84 crore brought forward from AY 2013-14 was set-off in computing the book profit.  Thereafter, on 24 February 2021, the AO issued a notice

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

2-3 years. On being questioned by the Assessing Officer, the\nassessee has merely stated that he was doing this on the advice of broker and\nmarket sentiment.\n\n18. Referring to the movement of shares price of M/s PFIL, he submitted that\nthe price of this company rose from Rs.14.28 in April 2010 to Rs.825/- in May,\n2014

M/S KIRAN SANRAN ASSOCIATES,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE, PUNE

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

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

72,000/- 67,25,217/- 1,53,217/- LLP 4 B-401 Mr Ritesh Neheta 81,93,404/- 85,18,110/- 3,24,706/- 5 B-205 Mr Sameer Kotkar 60,39,200/- 78,43,443/- 18,04,243/- Total 3,25,15,104/- 3,52,56,225/- 27,41,121/- 3.1 Further, on perusal of assessment records

NATHA PANDIT RAUT,PUNE vs. DCIT, CIRCLE 2, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Natha Pandit Raut Dcit, Circle 2, Pune Office No.101, Global Port Pashankar Auto Complex, Off Mumbai Vs. Bangalore Highway, Baner, Pune - 411045 Pan: Aatpr6854L (Appellant) (Respondent)

2 3. During the course of assessment proceedings the Assessing Officer noted that the case of assessee was selected for scrutiny for the AYs 2011-12 to 2015-16 on recurring issues of (i) LTCG viz., treating the LTCG declared by the assessee as business income, (ii) denial of claim of indexation, (iii) addition u/s 68 and (iv) addition under

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

section 9(1)(vi) of the Act or Article 12 of the DTAA. Article 12 of DTAA with USA stipulates and defines what is royalty and fees for technical services. The term ‘royalty’ as per clause 3 of Article 12 means payment of any kind received as consideration for the use of, or the right to use, any copyright

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

section 9(1)(vi) of the Act or Article 12 of the DTAA. Article 12 of DTAA with USA stipulates and defines what is royalty and fees for technical services. The term ‘royalty’ as per clause 3 of Article 12 means payment of any kind received as consideration for the use of, or the right to use, any copyright