BHADANES HITECH TECHNOLOGY COMPUTER PVT.LTD,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(1),, NASHIK

Appeal is partly allowed in above terms

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2013-14 Bhadanes Hitech Technology Vs. Ito, Ward Computer Pvt. Ltd. 1(1), Nashik Flat No.10, Padmavishwa Plaza, Nashik Pune Road, Tagore Nagar, Nashik – 422006 Pan : Aadcb9102E Appellant Respondent

section 68 unexplained cash credit addition of Rs.78 lacs representing share capital and share premium. The CIT(A)‟s detailed discussion affirming the assessment findings to this effect reads as under: “6.3 I have considered the facts of the case, the order of the Assessing Officer and the submission of the appellant. The fact discernible from record

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 of the Act. 4. The Assessing Officer noted that during the course of search action, loose paper as page Nos.3 to 7 were found and seized from the office premise of the assessee. During the post search proceedings as well as assessment proceedings, the assessee had submitted that page Nos.3 to 7 were note sheets for memorizing

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 of the Act. 4. The Assessing Officer noted that during the course of search action, loose paper as page Nos.3 to 7 were found and seized from the office premise of the assessee. During the post search proceedings as well as assessment proceedings, the assessee had submitted that page Nos.3 to 7 were note sheets for memorizing

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 of the Act. 4. The Assessing Officer noted that during the course of search action, loose paper as page Nos.3 to 7 were found and seized from the office premise of the assessee. During the post search proceedings as well as assessment proceedings, the assessee had submitted that page Nos.3 to 7 were note sheets for memorizing

SHRI SANTOSH HARICHAND KATRELA, ,BEED vs. INCOME-TAX OFFICER, WARD -1, BEED

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.339/Pun/2021 िनधा"रण वष" / Assessment Year : 2017-18 Shri Santosh Harichand Vs. Ito, Ward-1, Beed. Katrela, Audut Campus, Jalna Road, Gujrathi Colony Beed, Beed- 431122. Pan : Akgpk6862N Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Arvind Desai Date Of Hearing : 13.11.2024 Date Of Pronouncement : 12.12.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.03.2021 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. Registry Has Pointed Out That The Appeal Is Filed With Delay Of 99 Days. In The Light Of The Fact That Due To Covid-19 Pandemic The Period Of Limitation Has Already Been Extended By Hon’Ble Supreme

74,000/-, invoking provision of section 68 of the I T Act, (which was made by A.O u/s.69 A of the I T Act,) without

CAPGEMINI TECHNOLOGY SERVICES INDIA LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, both the appeals are partly allowed

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

section 74 of the Act. The ld. CIT(A) accorded his imprimatur to the view canvassed by the AO. 5. We have heard the rival submissions and gone through the relevant material on record. ICSL got amalgamated with the assessee company w.e.f. 01-04-2012. A copy of the Scheme of arrangement, as approved by the Hon’ble High

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -11,, PUNE vs. CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED , (FORMERLY IGATE GLOBAL SOLUTIONS LTD.),, PUNE

In the result, both the appeals are partly allowed

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

section 74 of the Act. The ld. CIT(A) accorded his imprimatur to the view canvassed by the AO. 5. We have heard the rival submissions and gone through the relevant material on record. ICSL got amalgamated with the assessee company w.e.f. 01-04-2012. A copy of the Scheme of arrangement, as approved by the Hon’ble High

DATTATRAY HANMANTRAO DESAI,KARAD vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

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

section 68. 4 Dadaraje 5,21,96,958/- Unsigned copy No document in support of 6 Anandrao ITR-V for AY identity proof is available, Desai 2018- 19 showing ITR-V and declaration are returned income deficient, name of the bank at Rs. 2,74

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

section 68 of the Act. Infact, there is some mess in the deposit of said cash originally in the capital gains account with the said bank and subsequently into the normal bank account of the assessee. 6. Further, the facts relating to other addition of balance of Rs.69 lakhs include that the said amount was credited in the bank

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

In the result, the appeal of the Revenue is dismissed

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.

section 68 of the Act. Respectfully following the above decisions and facts of the present case, I direct the AO to delete the addition of Rs.4,26,08,528/- made by him. These grounds of appeal are allowed.” Sources of Funds of the Kagliwals: Further, we examined the 16. sources of funds amounting to Rs.4,26,08,528/- invested

CRYSTAL GLAZING & CLADDING,PUNE vs. INCOME TAX OFFICER, WARD-7(1), PUNE, PUNE

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

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

74,61,831/- under various sections without pointing out any defects or shortcomings in the submissions made and documents submitted by the appellant during the assessment proceedings. 7. The appellant craves leave to add, alter, amend, or delete any of the above grounds of appeal.” 3. It is a case of ex-parte assessment framed

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)

74,64,500/-. 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

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

In the result, the appeal of the Revenue in ITA

74,04,823/- vide order dated 26.12.2016 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’). While doing so, the Assessing Officer made addition of Rs.2,27,27,402/- on account of sundry creditors appearing in the books of accounts by holding that the notices issued u/s 133(6) of the Act to the parties were returned

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

In the result, the appeal of the Revenue in ITA

74,04,823/- vide order dated 26.12.2016 passed u/s 143(3) of the Income Tax Act, 1961 (‘the Act’). While doing so, the Assessing Officer made addition of Rs.2,27,27,402/- on account of sundry creditors appearing in the books of accounts by holding that the notices issued u/s 133(6) of the Act to the parties were returned

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. MARSH FINCOM PVT. LTD., MUMBAI

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1342/Pun/2023 िनधा"रण वष" / Assessment Year: 2010-11 Dcit, Aurangabad. Vs. Marsh Fincom Pvt. Ltd., 9Th Floor, Gold Crest, Ns Road No.10, Jvpd Scheme, Vile Parle (W), Mumbai- 400049. Pan : Aabck0760B Appellant Respondent Assessee By : Shri Deepak Shah Revenue By : Shri Sourabh Nayak Date Of Hearing : 26.06.2024 Date Of Pronouncement : 13.08.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 07.09.2023 Passed By Ld Cit(A)-12, Pune For The Assessment Year 2010-11. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Law & In Facts By Quashing Proceedings U/S. 153A In Respect Of Assessee Where The Assessee’S Case Was Covered Under Section 132 Of The Act Dated 20.08.2014. 2. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Holding That The Ao Has Made

74). In the said case, the Hon’ble court observed as under, 13 “As per settled law, the initial onus is on the assessee to establish by cogent evidence the genuineness of the transaction, and creditworthiness of the investors under section 68

SANGEETA ARUN DESHMUKH,SATARA vs. ITO, WARD-5, SATARA

Appeal is dismissed in above terms

Bench: Shri S.S.Godara, Jm & Shri G.D. Padmahshali, Am आयकर अपील सं. / Ita No.172/Pun/2020 धनधाारण वषा / Assessment Year : 2014-15

section 68 unexplained cash credits of Rs.55,46,254/- and Rs.84,74,000/-; respectively, made in the course of assessment

POONAWALLA SHARES & SECURITIES PVT.LTD,PUNE vs. ASSISTANT COMMISSIONER OF WEALTH-TAX, CIRCLE-4, PUNE

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.380/Pun/2020 िनधा"रण वष" / Assessment Year : 2016-17 Poonawalla Shares & Securities The Assistant Pvt. Ltd., Vs Commissioner Of Income 16-B,/1, Sarosh Bhavan, Tax, Dr.Ambedkar Road, Circle-4, Pune. Pune – 411001 Pan: Aaacp 6087 H Appellant/ Assessee Respondent /Revenue Assessee By Shri Percy Pardiwala – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 08/07/2022 Date Of Pronouncement 29/07/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2016-17 Is Directed Against The Commissioner Of Income Tax(Appeals)-3, Pune’S Order Dated 11.12.2019 Passed In Case No.Pn/Cit(A)-3/Cir 4/193/2018-19/428, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

68,952/- in its return of income and not Rs. 10,24,180/-. ITA No.380/PUN/2020 for A.Y. 2016-17 Poonawalla Shares & Securities Pvt. Ltd., Vs. ACIT, Circle-4, Pune (A) 5.9 Further assessee itself has applied provisions of old Rule 8D while calculating the suo moto disallowance. This indicates that application of Sec 14A r.w Rule 8D is acceptable

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

74,64,500/-.\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

SONAL SANDEEP SATAV,PUNE vs. PCIT, PUNE-2, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Astha Chandra & Shree G.D. Padmahshali

68 r.w.s. 115BBE of the Act should have been applied in this regard and the decision of the Ld. AO to not draw any adverse inference about the substantive loan of Rs.3,37,65,561/- was not only erroneous but also prejudicial to the interest of Revenue. 3.5 The assessee filed her detailed reply to the show cause notice issued