Pune in Sai Bhargavanath Infra v. Asstt. CIT

197 ITD 496Income Tax Appellate Tribunal2022#23372 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2023 to 2026.

Sections most often in play

Section 143(3)Section 250 Section 270A Section 43CA

Issues it is cited on

section 43c section 43ca section 43 section 143(3)

Judgments citing Pune in Sai Bhargavanath Infra v. Asstt. CIT

Harish Hari Gandhi, Mumbai vs. ACIT Circle 33(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 7509/MUM/2025[2017-18]Status: DisposedITAT Mumbai03 Feb 2026AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokarharish Hari Gandhi Vs Assistant Commissioner Of Income Shop No.1, Gokul Monarch, Tax, Circle 33(1), Mumbai Room No. 949, 9Th Floor, Kautilya Thakur Complex, Kandivali (East), Mumbai-400101 Bhawan, G-Block, Bandra (E), Pan:Aadpg1721F Mumbai-400051 Appellant Respondent Assessee By : Shri Paras Savla, Respondent By : Shri Ritesh Misra (Cit Dr) Date Of Hearing : 28/01/2026 Date Of Pronouncement : 03/02/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Ld. Commissioner Of Income Tax Addl/Jcit(A), Thiruvanantpuram [For Brevity ‘The Ld.Cit(A)], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2017-18, Date Of Order 10.09.2025. The Impugned Order Emanated From The Order Of The Ld. Assistant Commissioner Of Income Tax

For Appellant: Shri Paras SavlaFor Respondent: Shri Ritesh Misra (CIT DR)

Section 142(1)Section 143(3)Section 250Section 270ASection 43CSection 48

…10% introduced by the Finance Act, 2020 to section 43CA is curative in nature and, therefore, applicable retrospectively. We respectfully considering the order of coordinate bench of ITAT-Pune in Sai Bhargavanath Infra v. Asstt. CIT [2022] 144 taxmann.com 168/197 ITD 496 (Pune - Trib.) that the first proviso of Section 43CA inserted by Finance Act, 2020 with effect from 01.04.2021 is applicable retrospectively. Since the variation between the sale consideration and the stamp duty valuation is only 7%, which is within the permissible tolerance limit, the addition made under section 43CA of the Act is also unsustai…

Pritam Singh Charan Singh Gujjar, Nagpur vs. The Assistant Commissioner of Income Tax, Circle-4, Nagpur

In the result, appeal filed by the assessee is allowed

ITA 406/NAG/2023[2015-16]Status: DisposedITAT Nagpur18 Sept 2024AY 2015-16

Bench: Shri V. Durga Rao

For Appellant: Shri Bhavesh MoryaniFor Respondent: Shri Abhay Y. Marathe

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 234ASection 48Section 50C

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER SMC MATTER ITA no.406/Nag./2023 (Assessment Year : 2015–16) Pretam Singh Charan Singh Gujjar Roureka Nagpur Roadways ……………. Appellant 38, Durga Complex, C.A. Road Nagpur 440 008 PAN – AEDPG2548E v/s Asstt. Commissioner of Income Tax ……………. Respondent Circle–4, Nagpur Assessee by : Shri Bhavesh Moryani Revenue by : Shri Abhay Y. Marathe Date of Hearing – 03/09/2024 Date of Order – 18/09/2024 O R D E R The present appeal has been filed by the assessee challenging the impugned order dated 21/11/2023, passed by th…

The Deputy Commissioner of Income Tax, Central Circle-6(1), Mumbai vs. Neepa Real Estates Pvt Ltd, Mumbai

ITA 1508/MUM/2023[2017-2018]Status: DisposedITAT Mumbai10 Nov 2023AY 2017-2018

Bench: Shri Kuldip Singh & Shri Gagan Goyalassessment Years: 2017-18 The Deputy Commissioner M/S. Neepa Real Estates Of Income Tax, Pvt. Ltd., 12Th Floor, Hallmark Central Circle -6(1), Room No. 1905, Business Plaza, Vs. 19Th Floor, Sang Dnyaneshwar Marg, Air India Building, Near Gurunanak Hospital, Nariman Point, Bandra East, Mumbai- 400 021 Mumbai- 400 051 Pan: Aaacn1884C (Appellant) (Respondent)

For Appellant: Dr. K. Shivaram, Sr. A.R. &For Respondent: Shri Ashok Kumar Ambastha, D.R

Section 143(3)Section 43C

…e and stamp value of such flats was within 10% margin no addition is to be made and relied upon the order passed by the co-ordinate 14 CO No.56/M/2023 M/s. Neepa Real Estates Pvt. Ltd. Bench of the Tribunal in cases viz. Sai Bhargavanath Infra vs. ACIT (2022) 197 ITD 496 (Pune-Trib.), Maria Fernandes Cheryl vs. ITO (2021) 187 ITD 738 (Mum-Trib.) & Sheth Developers Pvt. Ltd. vs. Dy. CIT (supra). 16. The co-ordinate Bench of the Tribunal in case of Sai Bhargavanath Infra vs. ACIT (supra) held that first proviso to section 43CA inserted by Finance Act, 2020 with effect from 01.04.2021 is applicable retrospectively…