SITARAM R. RAHANE,NASHIK vs. INCOME TAX OFFICE. WARD 3, AHMEDNAGAR

In the result, appeal of the assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.650/Pun/2020 िनधा"रण वष" / Assessment Year : 2016-17 Shri Sitaram Raosaheb Rahane, The Income Tax Officer, Flat No.3, Oscar Pride, Date V Ward-3, Ahmednagar. Colony, Behind Atharva S Mangal Karyalaya, Savarkar Nagar, Gangapur Road, Nashik – 422013. Pan: Afapr 3796 R Appellant/ Assessee Respondent /Revenue Assessee By Shri Sanket Joshi – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 26/04/2023 Date Of Pronouncement 30/06/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-2, Pune Dated 22.01.2020 Emanating From Assessment Order Under Section 143(3) Of The Income Tax Act, 1961 Dated 22.12.2018. The Assessee Has Raised The Following Grounds Of Appeal: Shri Sitaram Raosaheb Rahane [A]

B” :: PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.650/PUN/2020 िनधा"रण वष" / Assessment Year : 2016-17 Shri Sitaram Raosaheb Rahane, The Income Tax Officer, Flat No.3, Oscar Pride, Date V Ward-3, Ahmednagar. Colony, Behind Atharva s Mangal Karyalaya, Savarkar Nagar, Gangapur Road, Nashik – 422013. PAN: AFAPR 3796 R Appellant

TEJASHREE ATUL PATIL,PUNE vs. PR.CIT - 2, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Manish Borad & Shri Vinay Bhamore

120; (b) record shall include and shall be deemed always to have included all records relating to any proceeding under this Act available at the time of examination by the Commissioner; (c) where any order referred to in this sub-section and passed by the Assessing Officer had been the subject matter of any appeal filed on or before

R&DE (ENGRS) EMPLOYEES CO-OP. CREDIT SOCIETY,PUNE vs. ITO, WARD 7(3), PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

capital, if not immediately required to be lent to the members, they cannot keep the said amount idle. If they deposit this amount in bank so as to earn interest, the said interest income is attributable to the profits and gains of the business of providing credit facilities to its members only. The society is not carrying on any separate

NATHA PANDIT RAUT,PUNE vs. DCIT, CIRCLE 2, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Natha Pandit Raut Dcit, Circle 2, Pune Office No.101, Global Port Pashankar Auto Complex, Off Mumbai Vs. Bangalore Highway, Baner, Pune - 411045 Pan: Aatpr6854L (Appellant) (Respondent)

capital gain from such transaction at Rs.59,14,000/- after claiming the indexed cost of acquisition of Rs.3,50,96,000/-. According to the Assessing Officer, the transactions in immovable properties were held to be business transactions in the past. He accordingly concluded that the assessee was engaged in business of sale and purchase of the properties and therefore, such

RAJENDRA BABULAL MALU,HUF,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 2,, ICHALKARANJI

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1867/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Archana Rajendra Malu, Vs. Ito, Ward-4, 237, Manish Trading Ichalkaranji. Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Abepm4622K Appellant Respondent आयकर अपील सं. / Ita No.1868/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Rajendra Babulal Malu, Vs. Ito, Ward-2, Huf, Ichalkaranji. 237, Manish Trading Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Aachr7709H Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri M. G. Jasnani Date Of Hearing : 29.08.2023 Date Of Pronouncement : 04.09.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Two Different Assessees Directed Against The Separate Orders Of Ld. Commissioner Of Income Tax (Appeals)-2, Kolhapur [‘The Cit(A)’] Dated 03.10.2018 For The Assessment Year 2015-16 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.1867/Pun/2018 For The Assessment Year 2015-16 Are Stated Herein.

B”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1867/PUN/2018 िनधा"रण वष" / Assessment Year : 2015-16 Archana Rajendra Malu, Vs. ITO, Ward-4, 237, Manish Trading Ichalkaranji. Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. PAN : ABEPM4622K Appellant Respondent आयकर अपील सं. / ITA No.1868/PUN/2018 िनधा"रण वष" / Assessment

ARCHANA RAJENDRA MALU,,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 4,, ICHALKARANJI

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1867/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Archana Rajendra Malu, Vs. Ito, Ward-4, 237, Manish Trading Ichalkaranji. Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Abepm4622K Appellant Respondent आयकर अपील सं. / Ita No.1868/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Rajendra Babulal Malu, Vs. Ito, Ward-2, Huf, Ichalkaranji. 237, Manish Trading Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. Pan : Aachr7709H Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri M. G. Jasnani Date Of Hearing : 29.08.2023 Date Of Pronouncement : 04.09.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Two Different Assessees Directed Against The Separate Orders Of Ld. Commissioner Of Income Tax (Appeals)-2, Kolhapur [‘The Cit(A)’] Dated 03.10.2018 For The Assessment Year 2015-16 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of Two Different Assessees, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.1867/Pun/2018 For The Assessment Year 2015-16 Are Stated Herein.

B”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1867/PUN/2018 िनधा"रण वष" / Assessment Year : 2015-16 Archana Rajendra Malu, Vs. ITO, Ward-4, 237, Manish Trading Ichalkaranji. Company, Azad Road, Jaysingpur, Dist.- Kolhapur- 416101. PAN : ABEPM4622K Appellant Respondent आयकर अपील सं. / ITA No.1868/PUN/2018 िनधा"रण वष" / Assessment

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 5,, PUNE vs. SHRI SUBHASH HASTIMAL LODHA,, PUNE

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

120/- in capital gain deposits scheme. During the course of assessment proceedings, the Assessing Officer conducted enquiries and visited the land. Based on the enquiry conducted, physical inspection, he concluded that the land sold was not an agricultural land since the land in question is surrounded by the township developed by M/s. D. S. Kulkarni Developers Ltd. and the land

RANAJIT SURESH RAJAMANE,SOLAPUR vs. ITO, WARD 1, PANDHARPUR, PANDHARPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.1678/Pun/2024 धििाारण वर्ा / Assessment Year: 2014-15 Ranajit Suresh Rajamane, Vs Ito Ward 1, Shukrawar Peth, Pandharpur Tembhurni Madha Solapur- 413211 Maharashtra Pan-Bmepr3878N Appellant Respondent

120 ITR 46/2 Tasman 541 (SC) 3. CIT. K. Jelani Basha [2002] 256 ITR 282/122 Taxman 509 (Mad) 4. CIT v. Ram Gopal (2015) 372 ITR 498/230 Taxman 205/55 taxmann.com 536 (Delhi) 5. Balraj V C77 [2002] 254 ITR 22/123 Tasman 290 (Delhi) 6. CIT. R.1. Sood (2000) 245 ITR 727/108 Tasman 227 (Delhi) 7. CIT v. Dr. Laxmichand Narpal

INCOME TAX OFFICE, WARD-1, ICHALKARANJIKARANJI, KOLHAPUR vs. SPLICE BIOTECH PVT LTD, KOLHAPUR

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

B”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER आयकर अपील सं. / ITA No.775/PUN/2023 िनधा"रण वष" / Assessment Year: 2013-14 ITO, Ward-1, Kolhapur. Vs. Splice Biotech Pvt. Ltd., 212, Azad Roads, Jaysingpur, Tal: Shirol, Dist. Kolhapur- 416115. PAN : AAHCS4671F Appellant Respondent Revenue by Shri M. G. Jasnani : Assessee by : Shri Hari

ROHINI MARUTI DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

Bench: Dr. Manish Borad & Shri Vinay Bhamore

gain was calculated on that date on account of conversion of capital asset into stock-in-trade. There is no dispute at the end of the Ld.AO that assessee’s share of LTCG is ₹ 1,64,17,638/- which has been worked out on the basis of the figures of sale consideration available on the date of entering into

TULSABAI VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

Bench: Dr. Manish Borad & Shri Vinay Bhamore

gain was calculated on that date on account of conversion of capital asset into stock-in-trade. There is no dispute at the end of the Ld.AO that assessee’s share of LTCG is ₹ 1,64,17,638/- which has been worked out on the basis of the figures of sale consideration available on the date of entering into

AMOL VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

Bench: Dr. Manish Borad & Shri Vinay Bhamore

gain was calculated on that date on account of conversion of capital asset into stock-in-trade. There is no dispute at the end of the Ld.AO that assessee’s share of LTCG is ₹ 1,64,17,638/- which has been worked out on the basis of the figures of sale consideration available on the date of entering into

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

120 days. He however, held that while the assessee is eligible for deduction u/s 35(2AB) on the capital expenditure as claimed and certified by the DSIR, however, the assessee is eligible for deduction u/s 35(2AB) on the revenue expenditure to the extent of Rs.7,17,38,000/- as determined by the DSIR in Form No.3CL 14 ITA.Nos

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

120 days. He however, held that while the assessee is eligible for deduction u/s 35(2AB) on the capital expenditure as claimed and certified by the DSIR, however, the assessee is eligible for deduction u/s 35(2AB) on the revenue expenditure to the extent of Rs.7,17,38,000/- as determined by the DSIR in Form No.3CL 14 ITA.Nos

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

120 days. He however, held that while the assessee is eligible for deduction u/s 35(2AB) on the capital expenditure as claimed and certified by the DSIR, however, the assessee is eligible for deduction u/s 35(2AB) on the revenue expenditure to the extent of Rs.7,17,38,000/- as determined by the DSIR in Form No.3CL 14 ITA.Nos

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

120 days. He however, held that while the assessee is eligible for deduction u/s 35(2AB) on the capital expenditure as claimed and certified by the DSIR, however, the assessee is eligible for deduction u/s 35(2AB) on the revenue expenditure to the extent of Rs.7,17,38,000/- as determined by the DSIR in Form No.3CL 14 ITA.Nos

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

120 days. He however, held that while the assessee is eligible for deduction u/s 35(2AB) on the capital expenditure as claimed and certified by the DSIR, however, the assessee is eligible for deduction u/s 35(2AB) on the revenue expenditure to the extent of Rs.7,17,38,000/- as determined by the DSIR in Form No.3CL 14 ITA.Nos

YASH CONSTRUCTION CO. ,NANDED vs. ACIT, CIRCLE , NANDED

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

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

B” BENCH, PUNE BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER आयकर अपील सं. / ITA Nos.676 & 677/PUN/2024 धििाारण वर्ा / Assessment Years : 2017-18 & 2018-19 Yash Construction Co., Asst. CIT, Ajinkya City, Ambajogai Road, Circle-Nanded Latur-413512 Vs. PAN : AAAFY8593Q अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee by : Shri Nikhil Pathak Department by : Shri Sourabh