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

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

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

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

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

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