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

section 12A of the Securities Contracts\n(Regulation) Act, 1956] has clearly held that Shri Vijay Kumar Jain has been\ninvolved in the manipulation of the share price of this listed company and has\nmanipulated so as to utilize this scrip to arrange entry of bogus long term capital\ngains and has subsequently restrained Shri Vijay Kumar Jain from accessing

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE,PUNE vs. MAHARASHTRA STATE BOARD OF SECONDARY & HIGHER SECONDARY EDUCATION, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2022-23

section 10(46) of the Act whereby the entire income earned by the Appellant board was exempt 6 CO No.19/PUN/2025 and therefore, the impugned addition of Rs.5,91,66,438 made in the intimation order is invalid and bad in law and therefore, the same may please be quashed and set aside. 7. On the facts and in the circumstances

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)

section 12A of the Securities Contracts (Regulation) Act, 1956] has clearly held that Shri Vijay Kumar Jain has been involved in the manipulation of the share price of this listed company and has manipulated so as to utilize this scrip to arrange entry of bogus long term capital gains and has subsequently restrained Shri Vijay Kumar Jain from accessing

M/S BALAJI DEVELOPERS ,DHULE vs. ITO, WARD 1, DHULE, DHULE

In the result, the appeal of the assessee is allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.375/Pun/2024 Assessment Year : 2016-17

10(37) in the Act from 01.04.2005 to provide specific exemption to the capital gains arising to an Individual or a HUF from compulsory acquisition of an agricultural land situated in specified urban limit, subject to fulfilment of certain conditions. Therefore, compensation received from compulsory acquisition of an agricultural land is not taxable under the Act (subject to fulfilment

ADVIK HI TECH PVT LTD,PUNE vs. DY.COMM.OF INCOME TAX, CIRCLE 8, PUNE, AKURDI PUNE

In the result, the cross appeal filed by the Revenue in ITA

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

capital gain as per rule 115 5 ITA No.1158/PUN/2023 [A] ITA No.1330/PUN/2023 [R] 4.2 On without prejudice basis, The Ld AO and Ld CIT(A) ought not to have been taxed the amount as income which was contingent in the nature as on the last date of the Balance Sheet. 5. The appellant craves its right

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE vs. ADVIK HI-TECH PVT. LTD., PUNE

In the result, the cross appeal filed by the Revenue in ITA\nNo

section 80G of the Act. Assessee is directed to file all\nrequisite details in order to substantiate its claim before Ld.AO.\nLd.AO is then directed to grant deduction to the extent of\neligibility.\"\n\nAccordingly grounds raised by assessee stands allowed for\nstatistical purposes.\n\nIn the result appeal filed by assessee stands allowed.\"\n\nIn view of the above

DY. COMMISSIONER OF INCOME TAX, PUNE vs. DILIP MOTILALJI CHORDIA, PUNE

In the result, the appeal filed by the Revenue as well as\nthe Cross Objection filed by the assessee are allowed for\nstatistical purposes

46 of RFCTLARR Act), is exempted from the levy of\nincome-tax.\"\n\"Para 3. As no distinction has been made between\ncompensation received from compulsory acquisition of\nagricultural land and non-agricultural land in the matter of\nproviding exemption from income-tax under section the\nRFCTLARR Act, the exemption provided under 96 of the\nRFCTLARR Act is wider

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:

10,880/- on account of unexplained expenditure u/s 69C of the Income Tax Act, 1961 made in the Assessment order without appreciating the facts as brought on record. 7. Whether on the facts and in the circumstances of the case and in law, the Ld CIT(A) is correct in accepting the assessee's explanation that the source

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:

10,880/- on account of unexplained expenditure u/s 69C of the Income Tax Act, 1961 made in the Assessment order without appreciating the facts as brought on record. 7. Whether on the facts and in the circumstances of the case and in law, the Ld CIT(A) is correct in accepting the assessee's explanation that the source

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:

10,880/- on account of unexplained expenditure u/s 69C of the Income Tax Act, 1961 made in the Assessment order without appreciating the facts as brought on record. 7. Whether on the facts and in the circumstances of the case and in law, the Ld CIT(A) is correct in accepting the assessee's explanation that the source

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

capital loss despite transaction is not falling under section 94 (7) of the act holding it to be sham and fictitious transaction is devoid of any merit. Accordingly on the merits also, orders of the lower authorities are reversed and ground number 4 – 7 of the appeal are allowed.” 20. We find Jaipur Bench of the Tribunal in the case

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

10. While matter stood thus, the assessee company made an application before the Hon‟ble High Court of Republic Singapore on 01.10.2015 seeking permission to transfer the shares held by the assessee company in BSPL to its another foreign subsidiary company incorporated in Mauritius viz. Bilcare Packaging Ltd. for a consideration of 1 Singapore Dollar (SGD) in terms of provisions

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

10. While matter stood thus, the assessee company made an application before the Hon‟ble High Court of Republic Singapore on 01.10.2015 seeking permission to transfer the shares held by the assessee company in BSPL to its another foreign subsidiary company incorporated in Mauritius viz. Bilcare Packaging Ltd. for a consideration of 1 Singapore Dollar (SGD) in terms of provisions

AKASH HARESHKUMAR JAIN,KOLHAPUR vs. DCIT CIRCLE 1, KOLHAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

capital gain which is exempt u/s 10(38) of the Act. He accordingly submitted that both the legal and factual grounds of appeal of the assessee should be allowed. 9. The Ld. DR on the other hand referring to the decision of the Hon’ble Delhi High Court in the case of Pr.CIT vs. Naveen Kumar Gupta vide ITA No.401/2022

HARESHKUMAR DUNGARMAL JAIN,KOLHAPUR vs. DCIT, CIRCLE 1, KOLHAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

capital gain which is exempt u/s 10(38) of the Act. He accordingly submitted that both the legal and factual grounds of appeal of the assessee should be allowed. 9. The Ld. DR on the other hand referring to the decision of the Hon’ble Delhi High Court in the case of Pr.CIT vs. Naveen Kumar Gupta vide ITA No.401/2022

MR. GAURAV RAJENDRA MALU,JAYSINGPUR vs. PCIT, PUNE, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1206/Pun/2024 Assessment Year : 2017-18

46-74 Mrs. Archana Rajendra Malu making addition in respect of the capital gains arising from the transfer of penny stock of M/s Greencrest Financial Services Ltd. (d) Order of the CIT (A) dated 03-10-2018 in the above 75-79 matter. (e) Order of the Hon'ble Tribunal dated 04-09-2023 in 80-91 the above matters

SANDHYA SURESH DAHIVELKAR,PUNE vs. ITO, WARD 14(3), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.341/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sandhya Suresh Dahivelkar, Vs. Ito, Ward-14(3), Pune. Flat No.6/624, Clover Citadel Wanowrie, Pune- 411040. Pan : Asypd2124N Appellant Respondent Assessee By Shri Dattatraya Suresh Kusumkar : Revenue By : Shri Sourabh Nayak Date Of Hearing : 27.06.2024 Date Of Pronouncement : 10.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.02.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Present Appeal Is Filed Belatedly I.E. With The Delay Of 297 Days. The Appellant Furnished An Application/ Affidavit Praying For Condonation Of Delay In The Circumstances Mentioned Therein. We Are Of The Considered Opinion That The Reasons Mentioned By The Assessee Constitute Reasonable Cause For Not Filing The Appeal Within

section 142A of Income Tax Act.” 4. The facts, in brief, are that the assessee is an individual and senior citizen widow lady, filed her Return of Income on 27-06-2017 declaring total income at Rs.15,24,570. In this Return of Income, appellant has shown capital gain on account of sale of Residential House situated at Nigdi, Pune

CHANDRAKANT VITHTHAL BHOPI,RAIGAD vs. ITO WARD 1 , PANVEL

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 Chandrakant Viththal Bhopi Ito, Ward-1, Panvel At Chinchpada, Post Panvel, Tal. Vs. Panvel, Dist. Raigad – 410206 Pan: Bjdpb7610L (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak & Ajinkya M Vaishampayan Department By : Shri Ramnath P Murkunde Date Of Hearing : 05-05-2025 Date Of Pronouncement : 07-05-2025 O R D E R

Capital Gains on compensation received on compulsory acquisition of urban agricultural land is exempt from tax. The learned assessing officer is not correct while making assessment without properly taken into consideration of the provision of section 10(37) of the income Tax Act, 1961. There are 13 individuals involved, he should consider my share of 1/13th being

HREYANSH VASUNDHARA FAMILY TRUST,PUNE vs. INCOME TAX OFFICER, WARD-7(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

46,882/- on which\nmaximum surcharge is 15 per cent (viz. short-term capital gains u/s\n111A and dividend income) as per the proviso in Paragraph A of Part I\nof the First Schedule to the Finance Act, 2021.\n7.\nIn holding that the above position taken by the AO CPC while passing\nthe rectification order is not a correct