MAHENDRA PURUSHOTTAM NAIK GAUNEKAR,PANAJI vs. INCOME TAX OFFICER, PANAJI

Accordingly. The ground thus stands allowed

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

capital gain of ₹2,93,33,256/- to tax as undisclosed income vide an assessment order dt. 29/09/2021 framed u/s 147 of the Act. ITAT-Panaji Page 2 of 16 Mahendra Purushottam Naik Gaunekar Vs ITO ITA No.: 012/PAN/2024 AY: 2016-17 4. Aggrieved by aforestated assessment the assessee filed an appeal before Ld. NFAC on 20/10/2021, which came

SONALI MAHENDRA NAIK GAUNEKAR,PANAJI vs. INCOME TAX OFFICER, WARD - 1(1), PANAJI

The appeal of the assessee is partly allowed for statistical purpose

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

capital gain of ₹2,93,33,256/- to tax as undisclosed income vide an assessment order dt. 29/09/2021 framed u/s 147 of the Act. Subsequently, the Ld. PCIT invoked the provisions of section 263 and by order dt. 19/04/2024 set-aside the former order for fresh assessment for Ld. AO’s failure to conduct inquiry. ITAT-Panaji Page

M/S SANKAMTAL HOTEL PRIVATE LTD.,BELAGAVI vs. THE ASST. COMMISSIONER OF INCOME TAX CIRCLE - 2 (1), BELAGAVI

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawalassessment Year: 2008-09 M/S Sankamtal Hotel Acit, Circle-1, Pvt. Ltd. Belagavi S. Parthasarathi, Advocate, 3/1, Pranava Vs. Complex, 5Th Cross, Malleswaram, Bangalore- 560 003. Pan: Aadcs 5106 P (Appellant) (Respondent) Present For: Appellant By : Smt. Pratibha R., Advocate Respondent By : Shri Mayur Kamble, Sr. Dr Date Of Hearing : 14.06.2022 Date Of Pronouncement : 30.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Ld. Cit(A), -Belagavi In Ita No.51/Bgm/2016-17 Dated 25.02.2018 Against The Assessment Order Passed By Acit, Circle-2(1), Belagavi U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 14.03.2016 For A.Y. 2008-09. 2. There Is A Delay Of Five Days In Filing The Present Appeal For Which The Petition For Condonation Of Delay & Affidavit Are Placed On Record. From The Affidavit, We Note That The Assessee Was Out Of Station When The Appeal Memo Was Sent To Him By The Counsel For Its Signature & Therefore A Short Delay Of 5 Days Occurred. Considering The Petition & In The Interest Of Justice & Fair Play, We Find It Proper To Admit The Appeal & Proceed To Adjudicate Thereon.

justice and thus liable to be cancelled. 4. The Id. CIT(A) ought to have appreciated that the expenditures incurred towards change of flooring and bathroom fittings without changing the structure of the building. Accordingly, the expenditure incurred has to be allowed in full. 5. The Id. CIT(A) ought to have appreciated that the expenditure was incurred

M/S SOVA,PANAJI vs. PR. COMMISSIONER OF INCOME TAX, PANAJI

The appeal of the assessee is PARTLY ALLOWED in aforestated terms

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliassessment Years: 2018-19 M/S Sova Salgaocar Bhavan, Altinho, Panaji, Goa-403001. Pan: Aacfs8862Q . . . . . . . Appellant V/S Pr. Commissioner Of Income Tax, Panaji, Goa. . . . . . . . Respondent

gain of business ITAT-Panaji Page 2 of 20 M/s Sova Vs PCIT ITA No. 024/PAN/2024 AY: 2018-19 profession [‘PGBP’] were disallowed and (ii) receipt/credit representing (a) reimbursement of extraction cost incurred ₹4,42,48,443/-, (b) credit balances written off ₹14,03,127/-, (c) interest on bank deposits ₹16,39,202/- & (d) interest on tax-refund

PRATIBHA P KULKARNI REPRESENTED BY LEGAL HEIR CHIDAMBAR KULKARNI,BELAGAVI vs. DCIT CENTRAL CIRCLE BELAGAVI, BELAGAVI

In the result, the appeal filed by assesse is allowed for statistical purposes

Bench: Shri Pavan Kumar Gadalei T A. Nos.212/Pan/2025 (A.Y. 2015-16) Pratibha P Kulkarni Vs Dcit-Central Circle, Represented By Legal Heir Saraf Colony, . Chidambar Kulkarni, Khanaput, Plot.No.593, Block-1, Tilakwari, Sector.No.5, Shrinagar, Belagavi--590001, Belagavi-590016, Karnataka. Karnataka. Pan/Gir No. Adzpk4755G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

capital gains of Rs,3,77,800/- and assessed the total income of Rs.6,78,066/-and passed the order u/sec153r.w.s144 of the Act dated 24.03.2022. 4. Aggrieved by the order, the assesse has filed an appeal before the CIT(A), whereas the CIT(A) has considered the 3 ITA. No.212/PAN/2025 Pratibha P Kulkarani Represented by legal heir chidambar kukarni

SONALI MAHENDRA NAIK GAUNEKAR,PANAJI vs. ASST. UNIT, NFAC, I. T. DEPARTMENT, DELHI

The appeal stands allowed for statistical purposes

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

capital gain of ₹2,93,33,256/- to tax as undisclosed income vide an assessment order dt. 24/09/2021 framed u/s 147 r.w.s. 144B of the Act. 3. Aggrieved by aforestated assessment the assessee filed an appeal before Ld. NFAC on 20/10/2021, which ITAT-Panaji Page 2 of 8 Sonali Mahendra Naik Gaunekar Vs ITO ITA No.: 312/PAN/2025

RAJASHREE ANNASAHEB PATIL,BELGAUM, KARNATAKA vs. KAR-W-(521)(1), BELAGAVI

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. No.486/Pan/2025 (A.Y.2018-19) Rajashree Annasaheb Patil, I T O, Vs Near Murasidda Temple, National E Assessment . Gandhi Galli Bhiradi, Centre, Raybag,Belgaum-591217, Delhi Karnataka. Pan No. Ejfpp4199R (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

capital gains on sale of agricultural land made by the A.O and there could be various reasons for no proper compliance. Whereas the affidavit and application u/sec 4 ITA. No.486/PAN/2025 Rajashree Annasaheb Patil. 249(3) of the Act for condonation of delay in filling the appeal was not filed before the CIT(A) by the assessee. Hence considering the facts

DINKAR KASHIMATH PATIL,MARCELA vs. INCOME TAX OFFICER-W-1(3),PANAJI, PANAJI

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.10/Pan/2025 (A.Y. 2018-19 ) Dinkar Kashimath Patil, Vs National Faceless H.No.322/3,Ganpatiwada, Assessment Centre, . Near Graceland,Khandola, Delhi. Marcela, Ponda-403107, . Goa. Pan/Gir No. Ajjpp9976E (अपीलाथ"/Appellant) (""यथ"/Respondent)

capital gains and assessed the total income of Rs,60,00,000/- and passed the order u/sec 144 r.w.s 147 of the Act dated 06.03.2023. 4. Aggrieved by the order, the assessee has filed an appeal before the CIT(A),whereas the CIT(A) has issued notice and there was compliance by the assessee and there was delay

ALICE LOURDES MARTINS,CHINCHINIM vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, PANAJI

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 039/Pan/2025 Assessment Year : 2018-19 Alice Lourdes Martins 404, 1St-Palvem, Chinchinim Salcete, South Goa, Goa Pan : Abkpl2128D . . . . . . . Appellant

capital gain accrued her and framed consequential assessment u/s 153C r.w.s. 144 of the Act. 3. Aggrieved by the ex-parte assessment the assessee instituted an appeal thereagainst before Ld. CIT(A), which also came to be dismissed ex-parte owning to non- prosecution and in the absence of evidences. Dissatisfied by impugned ex-parte order, the assessee came

CHERYL SAVIA INDIRA LOBO,CALANGUTE vs. ACIT, C-1(1), PANAJI, PANAJI

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 275/Pan/2024 Assessment Year : 2016-17 Cheryl Savia Indira Lobo H.No. E-100, Pobha Vado, Calangute, Bardez, North Goa, Goa Pan : Acbpl9307J . . . . . . . Appellant V/S Asstt. Commissioner Of Income Tax, Circle-2(1) Panaji, Goa. . . . . . . . Respondent Appearances Assessee By : Mr Vinod Totekar [‘Ld. Ar’] Revenue By : Smt Nazeera Mohammad [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 11/03/2025 घोषणा की तारीख / Date Of Pronouncement : 12/03/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Nfac/S/250/2024-25/1064290058(1) Dt. 23/04/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 27/12/2018 Passed U/S 143(3) Of The Act By The Asstt. Commission Of Income Tax Circle-2(1), Panaji Goa [‘Ld. Ao’ Hereinafter] Anent To Assessment Year 2016-17 [‘Ay’ Hereinafter].

capital gain. The resultant exemption claimed by the assessee u/s 54E of the Act also turn down tenaciously. ITAT-Panaji Page 2 of 4 Cheryl Savia Indra Lobo Vs ACIT ITA Nos.275/PAN/2024 AY: 2016-17 4. Aggrieved by the assessment the assessee instituted an appeal thereagainst before Ld. NFAC, which also came to be dismissed ex- parte owning

RANJANA NAIK MIRSANGKAR,BEGIM vs. INCOME TAX OFFICER, WARD - 2(1), PANAJI

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 145/Pan/2024 Assessment Year : 2015-16 Ranjana Naik Mirsangkar H.No. 614, Walkeshwar Wada, Betim, Bardez, North Goa, Goa Pan : Aldpn9981B . . . . . . . Applicant V/S Income Tax Officer, Ward-2(1), Goa. . . . . . . . Respondent Appearances Assessee By : Mr Rahul Sarda [‘Ld. Ar’] Revenue By : Mr M Satish [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 25/02/2025 घोषणा की तारीख / Date Of Pronouncement : 04/03/2025 Order Per G. D. Padmahshali; The Captioned Appeal Of The Assessee Impugns Din & Order Itba/Nfac/S/250/2024-25/1064227170(1) Dt. 19/04/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Assessment Dt. 16/03/2023 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act By The National Faceless E-Asstt Centre [‘Ld. Ao’ Hereinafter] Anent To Assessment Year 2015-16 [‘Ay’ Hereinafter].

capital gain accrued to the assessee and framed the consequential assessment u/s 147 r.w.s. 144 r.w.s. 144B of the Act. Aggrieved by the ex-parte assessment the assessee instituted an appeal thereagainst before Ld. NFAC, which also came to be dismissed ex-parte owning to non-prosecution and in the absence of evidences. Aggrieved by impugned ex-parte order

SHRI FREMIOTH SAVIO MENEZES,CARANZALEM, GOA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(1), PANAJI

In the result, this appeal by the assessee is allowed

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm

natural justice in confirming disallowance u/s. 54EC which was disallowed without giving any opportunity of explanation to the assessee. 3. The Assessing Officer and Commissioner of Income Tax (Appeals) have shown disregard to the intent of assessee to pay the amount due within stipulated time. 3. Brief facts of the case are as under: As per the Assessing Officer

VEERENDRA BASAVARAJ KOUJALAGI,BELAGAVI vs. CIRCLE 1 BELAGAVI, BELAGAVI

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Pavan Kumar Gadalei T A. No.289/Pan/2025 (A.Y.2010-11) Veerendra Basavarajkoujalagi Vs Ito-Circle 1, Shri. Laxmi Complex,1St Cross Chessonroad, . Apmc Road,Sadashivnagar, Dr.Ambedkar Road, Belagavi-590001, Belagavi-590001. Karnataka. Karnataka. Pan .No. Agrpk3086D (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent)

capital expenditure (iv) income under profit and gains of the business of Rs.1,78,900/- and (v) disallowance of operating expenses u/sec40(a)(ia) of the Act of Rs.11,82,934/-and finally the A.O assessed the total income of Rs.30,49,053/- and passed the order u/sec 143(3) of the Act dated 30.03.2013. 3. Aggrieved by the order

SAMARTH URBAN CO-OPERATIVE CREDIT SOCIETY LTD,BELGAUM vs. PR. COMMISSIONER OF INCOME TAX , BELAGAVI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

natural justice, shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, we set aside the order of the CIT(A) on this issue and remit the entire disputed issue to the file of the Assessing Officer to adjudicate afresh and the assesse should be provided adequate opportunity of hearing

THE ADARSH MULTIPURPOSE CO-OPERATIVE SOCIETY,BELAGAVI vs. INCOME TAX OFFICER WARD 1-(2) , BELAGAVI, BELAGAVI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

natural justice, shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, we set aside the order of the CIT(A) on this issue and remit the entire disputed issue to the file of the Assessing Officer to adjudicate afresh and the assesse should be provided adequate opportunity of hearing

PRATHAMIK KRISHI PATTIN SAHAKARI SANGH NIYAMIT LTD BHOJ,BHOJ vs. INCOME TAX OFFICER, WARD-1, NIPANI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

natural justice, shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, we set aside the order of the CIT(A) on this issue and remit the entire disputed issue to the file of the Assessing Officer to adjudicate afresh and the assesse should be provided adequate opportunity of hearing

VPK URBAN CO-OPERATIVE CREDIT SOCIETY,MARDOL, PONDA vs. DCIT/ACIT, NEAC, DELHI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

natural justice, shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, we set aside the order of the CIT(A) on this issue and remit the entire disputed issue to the file of the Assessing Officer to adjudicate afresh and the assesse should be provided adequate opportunity of hearing

VPK URBAN CO-OPERATIVE CREDIT SOCIETY,MARDOL, PONDA vs. INCOME TAX OFFICER, PANAJI

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

natural justice, shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, we set aside the order of the CIT(A) on this issue and remit the entire disputed issue to the file of the Assessing Officer to adjudicate afresh and the assesse should be provided adequate opportunity of hearing

THE MARATHA URBAN CO-OPERATIVE CREDIT SOCIETY LTD,BELGAUM vs. INCOME TAX OFFICER, WARD - 5, BELGAUM

In the result, the appeal filed by the revenue is dismissed and twenty eight appeals filed by the assessee are partly allowed for statistical purpose in aforestated terms

Bench: Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

natural justice, shall provide with one more opportunity of hearing to the assessee to substantiate the case with evidences and information. Accordingly, we set aside the order of the CIT(A) on this issue and remit the entire disputed issue to the file of the Assessing Officer to adjudicate afresh and the assesse should be provided adequate opportunity of hearing