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

In the result, the appeal of the assessee is allowed

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

section 154 of the Act, dated 19.10.2023 wherein partial relief is granted and surcharge is levied at the rate of 15% on income of Rs. 18,63,72,224/- (viz. short-term capital gains u/s 111A, long-term capital gains u/s 112 and 112A

ANU AGA FAMILY DISCRETIONARY TRUST,PUNE vs. INCOME TAX OFFICER, WARD 7(1), PUNE

In the result, the appeal of the assessee is allowed

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

capital gains under section 111A of the Act, the applicable surcharge shall be @ 15% and other income of the assessee including dividend income shall be subjected to MMR with surcharge @ 37% as per the provisions of section 167B r.w.s. 2(29C) of the Act. 7. We have perused the decision of the Special Bench of the Mumbai Tribunal

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

In the result, the appeal of the assessee is allowed

capital gains u/s 111A and dividend is 15%.\n3.\n9.\nThe Appellant craves leave to add to, withdraw or modify any of the\ngrounds of appeal at the time of hearing.”\nAlthough the assessee has raised several grounds of appeal, the only\ngrievance of the assessee pertains to whether, in the case of private\ndiscretionary trusts whose income is chargeable

SAMEER SATISH SATPUTE,PUNE vs. INCOME TAX OFFICER, (IT) WARD 4, PUNE , B.O. BHAWAN, PUNE

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

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2933/Pun/2025 धििाारण वर्ा / Assessment Year : 2022-23 Sameer Satish Satpute, Ito, (It) Ward 4, Pune 39, Rakshak Society, Aundh, Pune-411027 Vs. Pan : Asops4608L अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Kishor B Phadke Department By : Shri Harshit Bari Date Of Hearing : 25-02-2026 Date Of 10-04-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 04.09.2025 Of The Ld. Commissioner Of Income Tax (Appeals), Pune-13 [“Cit(A)”] Pertaining To Assessment Year (“Ay”) 2022-23. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Non- Resident Individual. During Fy 2021-22 Relevant To Ay 2022-23 Under Consideration, The Taxable Income Of The Assessee In India Comprised Of : (I) Rental Income From House Property In Pune; (Ii) Capital Gains From Stocks & Mutual Funds; (Iii) Dividend Income; (Iv) Fixed Deposits & (V) Nro Account Interest & Pass Through Income From Two Funds. For Ay 2022- 23, The Assessee Filed His Return Of Income U/S 139(1) Of The Income Tax Act, 1961 (The “Act”) On 30.07.2022 Claiming Refund Of Rs.3,62,090/-. The Return Of The Assessee Was Processed By The Cpc, Bengaluru U/S 143(1) Of The Act Vide Intimation Order Dated 06.10.2023 Wherein The Ld. Cpc Assessed The Total Income Of The Assessee At Rs.5,37,30,540/- & Raised A Tax Demand Of Rs.35,68,200/-. On Going Through The Intimation, The Assessee Noticed That Though Gross Total Income Was Accepted, Income Adopted As Chargeable At Special Rate Was Incorrect. As Per The Order Of 2

section 143(1)(a) vitiates the proceedings u/s 143(1)(a). 5. The appellant craves leave to add/modify/amend/delete all / any of the grounds of appeal.” 5 ITA No. 2933/PUN/2025, AY 2022-23 5. The Ld. AR submitted that the addition of Rs. 2,64,91,594/- made to the income of the assessee is the amount of Long Term Capital

ANU AGA FAMILY DISCRETIONEARY TRUST,PUNE vs. INCOME TAX OFFICER, WARD-7(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1259/Pun/2024 & 2217/Pun/2024 िनधा"रण वष" / Assessment Years: 2022-23 & 2023-24 Anu Aga Family Discretionary V The Income Tax Officer, Trust, S Ward-7(1), Pune. 501, Marvel Alina, Lane No.5, Koregaon Park, Pune - 411001. Pan: Aafta4748N Appellant/ Assessee Respondent / Revenue Assessee By Shri Ch Naniwadekar – Ar Revenue By Shri P R Mane & Shri Ramnath P Murkunde – Dr(S) Date Of Hearing 23/04/2025 Date Of Pronouncement 25/04/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Add./Joint Commissioner Of Income Tax(Appeal)-1, Gurugram Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 17.05.2024 For A.Y.2022-23 & 26.08.2024 For A.Y.2023-24 Respectively. For The

section 2(29C). 4. In not appreciating that the total income of the appellant of Rs.16,20,15,480/- includes income of Rs.15,79,10,947/- on which maximum surcharge is 15 per cent (viz. short term capital gains u/s 111A, long term capital gains u/s 112A

ANU AGA FAMILY DISCRETIONARY TRUST,PUNE vs. ITO WARD 7(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1259/Pun/2024 & 2217/Pun/2024 िनधा"रण वष" / Assessment Years: 2022-23 & 2023-24 Anu Aga Family Discretionary V The Income Tax Officer, Trust, S Ward-7(1), Pune. 501, Marvel Alina, Lane No.5, Koregaon Park, Pune - 411001. Pan: Aafta4748N Appellant/ Assessee Respondent / Revenue Assessee By Shri Ch Naniwadekar – Ar Revenue By Shri P R Mane & Shri Ramnath P Murkunde – Dr(S) Date Of Hearing 23/04/2025 Date Of Pronouncement 25/04/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Add./Joint Commissioner Of Income Tax(Appeal)-1, Gurugram Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 17.05.2024 For A.Y.2022-23 & 26.08.2024 For A.Y.2023-24 Respectively. For The

section 2(29C). 4. In not appreciating that the total income of the appellant of Rs.16,20,15,480/- includes income of Rs.15,79,10,947/- on which maximum surcharge is 15 per cent (viz. short term capital gains u/s 111A, long term capital gains u/s 112A

ADPR & ASSOCIATES,NASHIK vs. ITO WARD 1(1) , NAHSIK

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

section 143(1) of the Income Tax Act, 1961 (the “Act”) has levied surcharge at the maximum rate of 37% on the entire amount of tax. On appeal, Ld. Addl./JCIT(A) upheld the intimation order of the Ld. AO/CPC for the reasons recorded in para 7.1 of his appellate order. Aggrieved, the assessee is in appeal before us against

ADPR & ASSOCIATES,NASHIK vs. ITO WARD 1(1), NASHIK

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

section 143(1) of the Income Tax Act, 1961 (the “Act”) has levied surcharge at the maximum rate of 37% on the entire amount of tax. On appeal, Ld. Addl./JCIT(A) upheld the intimation order of the Ld. AO/CPC for the reasons recorded in para 7.1 of his appellate order. Aggrieved, the assessee is in appeal before us against

ANIL BANSILAL LODHA,NASHIK vs. PRINCIPAL COMMISSIONER OF INCOME TAX, NASHIK - 1, NASHIK

In the result, it is directed that the order passed under section 263 be set aside

Bench: Dr.Manish Borad & Ms. Astha Chandra

capital gain was to be taxed u/s. 112A of the Act, particularly when the exemption u/s. 10(38) was withdrawn from the next assessment year and the provisions of section