VYANKATRAO PANDURANG PATIL,LATUR vs. DY COMMISSIONER OF INCOME TAX CIRCLE LATUR, LATUR

In the result, appeal of the Assessee is allowed for statistical purpose

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1386/Pun/2024 निर्धारण वषा / Assessment Year: 2016-17 Vyankatrao Pandurang Patil, V Dy.Commissioner Of Mauli Chembers, Above Mauli S. Income Tax, Circle, Jewellers, Yashwantrao Chavan Latur. Complex, Main Road, Latur. Maharashtra – 413512. Pan: Abjpp6387P Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte Revenue By Shri Aviyogi Ambadkar–Addl.Cit(Dr) Date Of Hearing 09/09/2025 Date Of Pronouncement 14/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2016-17, Dated 23.04.2024 Emanating From Assessment Order U/S.143(3) Of The I.T.Act, Dated 28.12.2018. The Assessee Has Raised Following Grounds Of Appeal :

gain. 4. The appeal filed by the assessee is dismissed.” 8. Section 2(14) of the Income Tax Act, 1961 as applicable for A.Y.2016-17 is reproduced here as under : (14) ["capital asset" means— (a) property of any kind held by an assessee, whether or not connected with his business or profession; (b) ……………………………….. but does not include— (i) …………………….. (ii) ……………………….. (iii) agricultural

PANDHARINATH MAHADEO OVHAL,PUNE vs. THE INCOME TAX WARD-14(3) , PUNE

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.419/Pun/2023 िनधा"रण वष" / Assessment Year : 2012-13 Pandharinath Mahadeo Ovhal, The Income Tax Officer, C23, S No.46 1+2+3+8+9, V Ward-14(3), Pune. Satya Vihar Bldg, Wanawqadi, S Pune – 411040. Pan: Aahpo 0334 L Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 11/10/2023 Date Of Pronouncement 12/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Under Section 250 Of The Income Tax Act, 1961 For A.Y.2012-13 Dated 23.03.2023 Emanating From The Assessment Order Under Section 144 R.W.S 147 Of The Income Tax Act, 1961 Dated 25.11.2019. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & The Circumstances Of The Case & In Law, Learned Assessing Off Erred In Passing Ex-Parte Order & Also Erred In Not Adjudicating The Issue On Merit, This Action Is Being Violative Of Pandharinath Mahadeo Ovhal[A]

capital gain tax is to be charged same shall be restricted to actual amount received and since assesse has invested entire amount received in purchase of new house he is entitled to claim deduction under section 54 F of The IT Act, same may kindly be allowed.” Findings & Analysis : 2. We have heard both the parties and perused the records

BVG INDIA LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), PUNE, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

119 of the Act are certainly binding on the Department. In Commissioner of Customs v. Indian Oil Corporation Ltd. 2004 (165) E.L.T. 257 (S.C.) the Supreme Court observed as under: 24 IT(SS)A Nos. 10 to 16/PUN/2023 & ITA No.516/PUN/2023 “Despite the categorical language of the clarification by the Constitution Bench, the issue was again sought to be raised before

DCIT CIRCLE 1 NASHIK, NASHIK vs. SHREE SAI PROPERTIES, NASHIK

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

119, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that. (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, • As is recorded

BHANUDAS VITTHAL MHASURKAR,PUNE vs. THE INCOME TAX OFFICER, WARD-2(5), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17

section 54B of the Act, the land must be used for agricultural purposes in the two years immediately preceding the date on which the transfer took place. 8. Relying on the decisions of the Bangalore Bench of the Tribunal in the case of Smt. G. Vijay Padma (2020) 119 taxmann.com 441 (Bangalore – Trib.), Jairam G Kimmane (2020) 119 taxmann.com

PRAVIN BABANRAO TAMBE,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-4, PUNE, PUNE

In the result, the appeal filed by the assessee is dismissed as not maintainable

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.692/Pun/2023 िनधा"रण वष" / Assessment Year : 2013-14 Pravin Babanrao Tambe, Vs. Pcit, Pune-4. Sr. No.14, Shree Datta Colony, Akashwani, Hadapsar, Pune- 411028. Pan : Aimpt5087G Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 12.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.03.2021 Passed By Ld. Pr.Cit, Pune- 4 [‘Ld. Pcit’] U/S 263 Of The It Act For The Assessment Year 2013-14. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Ld Cit Erred In Law & On Facts In Invoking Jurisdiction Under Section 263 & Setting Aside Assessment Order For Fresh Assessment On The Ground That Assessment Has Been Framed

gains shall be computed, by deducting from the full value of the consideration received or accruing 5 as a result of the transfer of the capital asset the following amounts namely:- (i) Expenditure incurred wholly and exclusively in connection with such transfer (ii) The cost of acquisition of the asset and the cost of any improvement thereto. The assessee

ASSISTANT COMMISSIONER OF INCOME-TAX, SATARA vs. THE KARAD URBAN CO. OP. BANK LTD KARAD, KARAD

In the result, the appeal of the Revenue is dismissed

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

gains and losses across all performing investments held under the AFS have to be aggregated and net appreciation or depreciation shall be directly credited or debited to a reserve named AFS Reserve, the same shall not be routed the Profit & Loss Account. 5. The appellant craves leave to add to, amend, alter any of the above grounds of appeal

GENDER LAB FOUNDATION,THANE vs. COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE

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

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.193/Pun/2024 िनधा"रण वष" / Assessment Year :- Gender Lab Foundation, The Commissioner Of Flat No.2203-4, A Wing, Vs Income Tax, Tribeca Building, Hiranandani Exemption, Pune. Estate, G B Road, Chitalsar Manpada, B.O., Thane. Maharashtra – 400607. Pan: Aajcg4122B Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri Keyur Patel – Cit(Dr) Date Of Hearing 29/04/2024 Date Of Pronouncement 30/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is Assessee’S Appeal Against The Order Of Ld.Commissioner Of Income Tax(Exemption), Pune Under Section 80G Of The Act, Dated 15.12.2023. The Ld.Cit(E) Dismissed The Application Of The Assessee On The Ground That The Application Is Time Barred. The Assessee Has Raised The Following Ground(S) Of Appeal : “1. The Cit E, Failed To Appreciate That The Appellant, Gender Lab Gender Lab Foundation [A]

119(2)(b) to the CBDT pointing out the facts of the case and asking for both a condonation and / or clarification that Circular 6/2023 also be extended to cover Section 80G 9. The appellant craves leave to add, to amend, delete and/or withdraw any of the above grounds of appeal and also to submit additional documents and facts

DHAS KISHOR RAMCHANDRA, AURANGABAD vs. DWARKAPRASAD BHIKULAL SONI, JALNA

In the result, the appeal filed by the Revenue stands dismissed

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

capital gain is calculated by considering the WDV as per Income Tax Act. The reason behind the difference in these two mechanisms for arriving at the fair valuation is the question of law. However, the new shareholders might lose the benefit of tax saving on depreciation. Consequently, this element to determine the valuation of the unquoted equity shares

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHPAUR vs. RBL BANK LTD, KOLHAPUR

In the result, the appeal of the Revenue is dismissed

Bench: SATBEER SINGH GODARA, JUDICIAL MEMBER, AND DR.DIPAK P. RIPOTE (Accountant Member)

capital gains”, the assessee excluded the entire sum from its business profits. 60. However, when re-examining the line items that constituted Rs.1,70,29,119/-, it was identified that a small sum of Rs.66,985 represented proceeds from sale of scrap and not assets. Upon noticing 18 this, the assessee sue moto requested the AO to treat

SIDDHANT MACHINDRA MHASKE,PUNE vs. INCOME TAX OFFICER, WARD-7(3), PUNE, PUNE

Appeal is allowed in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

capital gains of Rs.3,33,54,241/-, there would not be any occasion for the Assessing Officer to record his reasons of the same having escaped assessment. 7. Mr. Jasnani on the other hand vehemently supported both the learned lower authorities action levying sec.234A interest in sec.154 rectification in light of CIT vs. Pranoy

JOINT COMMISSIONER OF INCOME TAX (OSD), PUNE vs. SURESH KUMAR LAKHOTIA , PUNE

In the result, appeal of the Revenue is Partly Allowed

Bench: Ms. Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.24/Pun/2024 िनधा"रण वष" / Assessment Year:2018-19 Vs Suresh Kumar Lakhotia, The Joint Commissioner Of Income Tax(Osd), 3A/3B, Archies Court Pune. Shankersheth Road, Ghorpade Peth, Pune – 411042. Pune – 411042. Pan: Aazpl4337L Appellant / Revenue Respondent / Assessee Assessee By Shri Devdatta Mainkar – Ar Revenue By Shri Ajay Keshari – Dr Date Of Hearing 14/08/2024 Date Of Pronouncement 27/09/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 09.11.2023 For The Assessment Year 2018-19. The Revenue Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, The Id. Cit(A) Erred In Accepting The Assessee'S Contention That The Additional Capital Introduced In Ay 2018- 19 Represents Accumulated Suresh Kumar Lakhotia [R]

gains, other sources and exempt income earned over last 20 years. • There is merely change in disclosure / presentation in ITR by reporting opening personal capital as on 01.04.2017 and not actual addition of capital during the year. • In support of above contention, documentary evidences such as details of income from AY2006-07 to AY2017-18, CA certified personal balance sheets

DADASAHEB TIRODKAR SHAIKSHANIK ACADEMY,SINDHUDURG vs. ITOD EXEMPTION WARD, KOLHAPUR

In the result, appeal of the assessee is partly allowed

section 13B\n12b\n13\nIncome not forming part of item no. 7 and 11 above\ni\nIncome from house property (3b of Schedule HP) (enter nil if loss)\n131\n0\nii\nProfits and gains of business or profession [as per item no. E 35 of schedule BP)\n13\n0\nin\nIncome under the head Capital Gains\na\nShort term

RAMDAS PANDHARINATH KALE(HUF),PUNE vs. ITO, WARD-12(3), PUNE, PUNE

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

Bench: Shri R.K.Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.246/Pun/2025 िनधा"रण वष" / Assessment Year: 2013-14 Ramdas Pandharinath Kale V The Income Tax Officer, (Huf), S Ward-12(3), Pune. Wagjholi, Kalewasti, Kasanand Road, Haveli, Pune – 412207. Pan: Aaqhr7916A Appellant/ Assessee Respondent /Revenue Assessee By Shri Abhay Avachat – Ar Revenue By Shri Arvind Desai – Addl.Cit(Dr) Date Of Hearing 27/03/2025 Date Of Pronouncement 28/03/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Delhi U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 19.10.2024 For The A.Y.2013-14. The Assessee Has Raised The Following Grounds Of Appeal : “Each Ground Is Taken Without Prejudice To Each Other.

capital gains and income from other sources, furnished return of income on 31.07.2014 declaring total income at Rs.1,74,682/-. The Return was processed under section 143(1) of Income Tax Act, 1961. Subsequently, the case was selected for scrutiny, ¬ices under section 143(2) and 142(1) were issued to the assessee. After considering the submission of the assessee

RAJUMAR PREMCHAND TULSANI,PUNE vs. PR COMMISSIONER OF INCOME-TAX -5, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.136/Pun/2021 िनधा"रण वष" / Assessment Year : 2015-16 Rajkumar Premchand Tulsani, The Pr.Commissioner Of Sr.No.46/8, Bombay Pune V Income Tax-5, Pune. Road, Akurdi, Pune – 411038. S Pan: Aawpt 8002 B Assessee/ Appellant Respondent /Revenue Assessee By Shri M.K.Kulkaani – Ar/Advocate Revenue By Shri Sardar Singh Meena,Irs – Dr Commissioner Of Income Tax. Date Of Hearing 03/05/2023 Date Of Pronouncement 06/07/2023

Capital Gain” and business loss of Rs.41,11,249/-. The assessee’s case was selected for scrutiny. The assessment order was passed on 12.12.2017 accepting the returned income. The AO has not discussed any issue in the assessment order. The ld.Pr.CIT invoked the provisions of section 263. The ld.Pr.CIT has observed that the assessee has debited an amount of Rs.51

UJWAL FINE HOMES,PUNE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX -3, PUNE

In the result, appeal of the assessee is dismissed

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.491/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Ujwal Fine Homes, V The Principal High Bliss, S No.23, Dhayri S Commissioner Of Income Narhe Road, Pune – 411041. Tax, Pune -3, Pune. Pan; Aabfu7293E Appellant/ Assessee Respondent / Revenue Assessee By Shri C.H.Naniwadekar – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 21/11/2024 Date Of Pronouncement 28/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Principal Commissioner Of Income Tax, Pune-3, Pune U/Sec.263 Of The Income Tax Act, 1961; Dated 09.02.2024 For The A.Y.2018- 19. The Assessee Has Raised The Following Grounds Of Appeal : “1. In Issuing The Notice U/S 263 Of The Income-Tax Act, 1961 For Ay 2018-19

119; or (d) the order has not been passed in accordance with any decision, prejudicial to the assessee, rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person. This amendment will take effect from 1st day of June, 2015.”Unquote 4.7 Thus, Finance Act, 2015 introduced a deeming fiction through explanation

ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

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

119/-. It is also an admitted fact that the Assessing Officer in the instant case has not disputed the interest expenditure payment and has partly allowed the same meaning thereby that the borrowed amount has been partly given for interest purpose and partly on which no interest income has been received or has been invested in certain firms the income

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -3, NASHIK vs. WINDSOR MACHINES LTD., MUMBAI

In the result, the appeal of Revenue is partly allowed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

gains of subsequent years without having 8 years of limit. Further, we note that the CIT(A) directed the AO to verify record and determine the correct allowable unabsorbed depreciation pertaining to A.Ys. 1997-98 to 2000-01, 5 ITA No. 915/PUN/2022, A.Y. 2011-12 to allow the same to be carried forward for set off with income