Mahesh Nemichandra Ganeshwade v. Income-tax Officer

51 SOT 155Income Tax Appellate Tribunal2012#25180 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2016 to 2022.

Judgments citing Mahesh Nemichandra Ganeshwade v. Income-tax Officer

Mangilal Lakahji Chowdhary, Pune vs. Income-Tax Officer, Ward - 3(1), Pune

Appeal is partly allowed in above terms

ITA 2791/PUN/2017[2013-14]Status: DisposedITAT Pune23 Sept 2022AY 2013-14

Bench: Shri S.S.Godara & Dr.Dipak P.Ripoteआयकरअपीलसं. / Ita No.2791/Pun/2017 िनधा"रण वष" / Assessment Year: 2013-14

Section 143(3)Section 2(47)Section 269USection 41(1)Section 53A

…ment with the developer and handed over the possession who continued with the construction activity thereon. The development agreement was also duly registered. 10.9 Hon'ble ITAT Pune bench in the case of Mahesh Nemichandra Ganeshwade v. Income-tax Officer in 51 SOT 155 has held similar opinion and held that any transaction involving allowing of possession to be taken or retained in part performance of a contract of the nature referred to in Section 53A for the transfer of Property Act 1852 would come within the ambit of expression 'transfer'. The operative portion of the decision of the Hon'ble Bench is reproduc…

D.C.I.T Cir - 6, Kolkata vs. M/S Kilburn Engineering Ltd, Kolkata

In the result, appeal by the revenue is dismissed

ITA 1987/KOL/2013[2009-10]Status: DisposedITAT Kolkata01 Mar 2017AY 2009-10

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ] Assessment Year : 2009-10

For Appellant: Shri R.S.Biswas, CITFor Respondent: Shri Sunil Singhi, AR

Section 45Section 54GSection 54G(2)

…ircar, hence AO will allow exemption in this case also. " 36. The Hon'ble ITAT Pune Bench 'A' in the case of Mahesh Nemichandra Ganeshwade v. Income-tax Officer in IT Appeal Nos. 594 to 597 and 727 & 728 (Pune) of 2010 dated March 29, 2012 reported in (2012) 51 SOT 155 (Pune); 147 TTJ 488 for the Assessment Year 2006-07 held that the investments of RS.12,50,000/- and RS.37,50,000/- made on 3.8.2007 and 27.10.2007 respectively having been made within six months of receipt of such consideration is allowed exemption from tax on capital gains. It observed as under:- "18. In our considered opinion, the interpretation…

Niamat Mahroof Virji, Mumbai vs. ITO 17(3)(3), Mumbai

In the result, appeal of the assessee is partly allowed as indicated above

ITA 1964/MUM/2014[2009-10]Status: DisposedITAT Mumbai19 Dec 2016AY 2009-10

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.1964/Mum/2014 ("नधा"रण वष" / Assessment Year : 2009-10) Niamat Mahroof Virji, I.T.O. 17(3)(3), बनाम/ Unit 232, 2 Nd Floor, Piramal Chambers, V. Bussa Udyog Bhavan, Opp Parel P.O., T.J. Road, Mumbai. Sewree. Mumbai – 400 015. "थायी लेखा सं./Pan : Aahpv1071H (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Respondent: Shri Neil Philip

Section 143(3)Section 48Section 50CSection 54E

…nd Circular No.791 dated 2nd of June, 2000. Certain Tribunals have also accepted the legal aspect of 'liberal interpretation' of statute in respect of provisions of Section 54E or Sections 54EA such as in the case of Mahesh Nemchandra Ganeshwade v. ITO [2012] 51 SOT 155/21 taxmann.com 136 (Pune), Bhikulal Chandak (HUF) v. ITO [2009] 126 TTJ 545 (Nag.), Chanchal Kumar Sircar v. ITO, [2012] 50 SOT 289/18 taxmann.com 304 (Kol.). We are in agreement with this legal proposition being laid down by the Hon'ble courts but to resolve this controversy we feel that a little more deliberation is required instead of deciding…