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11 results for “capital gains”+ Section 138clear

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Key Topics

Section 14820Section 143(3)13Section 148A13Addition to Income8Section 12A7Section 115J6Section 1546Section 686Section 40A(3)5Capital Gains

SUVARNA KIRAN CHAVAN,NASHIK vs. ACIT CIRCLE 1, NASHIK

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

ITA 1785/PUN/2024[2017-18]Status: DisposedITAT Pune12 Nov 2024AY 2017-18

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1785/Pun/2024 "नधा"रण वष" / Assessment Year : 2017-18

For Appellant: NoneFor Respondent: Shri Arvind Desai
Section 142(1)Section 143(2)Section 143(3)Section 2(14)Section 2(14)(iii)Section 250

138 (SC) and the judgment of Hon’ble Gujarat High Court in the case of Dr. Motibhai D. 4 Suvarna Kiran Chavan Patel Vs. CIT (1981) 127 CTR 671 (Guj), the Assessing Officer held that the immovable property sold by the assessee is not an agricultural land and addition under the head ‘Income from Capital gain’ is warranted. Eventually

4
Reassessment3
Reopening of Assessment3

ITO, WARD-1(1), SOLAPUR, SOLAPUR vs. MS. KSHIRSAGAR FABRICS, SOLAPUR

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

ITA 97/PUN/2024[2009-10]Status: DisposedITAT Pune17 Sept 2024AY 2009-10

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

For Appellant: Shri Nikhil PathakFor Respondent: Shri Sourabh Nayak, Addl. CIT
Section 143(3)Section 147Section 148Section 40A(3)

138 ITD 222 (Jodhpur) that conscious split up of payment by the assessee to avoid rigours of 40A(3) would still result in disallowance of expenses. It is seen from the case record of the assessee that in the Ledgers of various related parties in the period from 01/04/2008 to 31/3/2009 the assessee had paid rupees

BALASAHEB VITTHAL SHINDE,PUNE vs. INCOME TAX OFFICER, WARD 5(4), PUNE, AAYAKAR VIBHAG, PMT BUILDING, SWARGATE, PUNE

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

ITA 674/PUN/2025[2011-12]Status: DisposedITAT Pune29 Dec 2025AY 2011-12

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2011-12 Balasaheb Vitthal Shinde Ito, Ward-5(4), Pune Chaledi, Nasarapur, Taluka Bhor, Vs. Pune – 412213 Pan: Anips1140A (Appellant) (Respondent) Assessee By : Shri Deepak S Sasar Department By : Shri Vidya Ratan Kishore Date Of Hearing : 17-12-2025 Date Of Pronouncement : 29-12-2025 O R D E R Per R.K. Panda, Vp:

For Appellant: Shri Deepak S SasarFor Respondent: Shri Vidya Ratan Kishore
Section 143(3)Section 148Section 2Section 63

gain and tower rent of Rs.1,57,138/- as income from other sources. 3. Before the Ld. CIT(A) / NFAC the assessee filed certain additional evidences which the Ld. CIT(A) / NFAC has accepted and forwarded the same to the Assessing Officer for filing a remand report. The Assessing Officer filed the remand report which was forwarded to the assessee

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 7 PUNE, PUNE vs. KOLTE PATIL INTEGRATED TOWNSHIPS LIMITED, PUNE

In the result, both the appeals filed by the Revenue are dismissed

ITA 2011/PUN/2024[2016-17]Status: DisposedITAT Pune10 Mar 2025AY 2016-17
Section 143(3)Section 147Section 148Section 148ASection 151

138 taxmann.com\n64 (SC), the Assessing Officer issued notice u/s 148A(b) for both the years. The\nLd. Counsel for the assessee filed the following chart:\nParticulars\nΑ.Υ. 2014-15\nA.Y. 2016-17\nOriginal notice issued u/s 148\n23.06.2021\n11.06.2021\nTime limit as per TOLA\n30.06.2021\n30.06.2021\nTime limit excluded to be excluded\n7 days\n20 days\nNotice issued

ROHINI GAURISHANKAR KALYANI,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 7, PUNE, PUNE

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

ITA 319/PUN/2024[2019-20]Status: DisposedITAT Pune07 May 2024AY 2019-20

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2019-20

For Appellant: Shri C.H. NaniwadekarFor Respondent: Shri Sourabh Nayak, Addl.CIT
Section 12ASection 138Section 143(1)Section 143(2)Section 144Section 68

gains. He filed his return of income on 24.10.2019 declaring total income of Rs.51,43,790/- and claimed refund of Rs.11,45,930/-. The return was processed u/s 143(1) of the Act on 07.08.2020 by the CPC, Bengaluru accepting the returned income. Thereafter, the case was selected for complete scrutiny through CASS and accordingly, statutory notices

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

ITA 1437/PUN/2024[2016-17]Status: DisposedITAT Pune06 Dec 2024AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: Shri Ashwani KumarFor Respondent: Shri Ramnath P Murkunde
Section 139Section 139(1)Section 143(1)Section 148Section 148A

capital gains of Rs. 52,91,606/ The non-genuine profit of Rs. 2,67,66,250/- remains unexplained as the assessee has not submitted any satisfactory explanation regarding options derivative reversal trades transactions by which assessee gained non-genuine profit of Rs. 2,67,66,250/- for the year under consideration. The assessee has filed return of income

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

ITA 1436/PUN/2024[2015-16]Status: DisposedITAT Pune06 Dec 2024AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: Shri Ashwani KumarFor Respondent: Shri Ramnath P Murkunde
Section 139Section 139(1)Section 143(1)Section 148Section 148A

capital gains of Rs. 52,91,606/ The non-genuine profit of Rs. 2,67,66,250/- remains unexplained as the assessee has not submitted any satisfactory explanation regarding options derivative reversal trades transactions by which assessee gained non-genuine profit of Rs. 2,67,66,250/- for the year under consideration. The assessee has filed return of income

M/S. FIAT INDIA AUTOMOBILES PRIVATE LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

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

ITA 1027/PUN/2025[2014-15]Status: DisposedITAT Pune08 Jan 2026AY 2014-15

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115JSection 143(3)Section 154

gains under the Act, in addition it being a recognised accounting principle. Therefore, the AO, in the process of calculation of correct book profit on account of reduction in capital applied the FIFO principle to the business loss which first existed / occurred in the books of account of the appellant. In the Extraordinary General Meeting (EGM) of the appellant

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1) , PUNE vs. FIAT INDIA AUTOMOBILES PRIVATE LIMITED, PUNE

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

ITA 1098/PUN/2025[2014-15]Status: DisposedITAT Pune08 Jan 2026AY 2014-15

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115JSection 143(3)Section 154

gains under the Act, in addition it being a recognised accounting principle. Therefore, the AO, in the process of calculation of correct book profit on account of reduction in capital applied the FIFO principle to the business loss which first existed / occurred in the books of account of the appellant. In the Extraordinary General Meeting (EGM) of the appellant

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

ITA 1130/PUN/2024[-]Status: DisposedITAT Pune21 Feb 2025
Section 12Section 127Section 12ASection 12A(1)(ac)Section 132Section 143(3)Section 153A

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks

NAVJYOTI FARMING PRIVATE LIMITED,BELAPUR vs. ITO, WARD -3 , PANVEL

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

ITA 1020/PUN/2024[2012-13]Status: DisposedITAT Pune30 Dec 2024AY 2012-13

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2012-13

For Appellant: Shri Ashwani KumarFor Respondent: Shri Amol Khairnar, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 250Section 68

gains. The return was processed u/s 143(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). Subsequently, the case was selected for scrutiny and statutory notices 2 u/s 143(2) and 142(1) of the Act dated 07.08.2013 were issued and served on the assessee, in response to which the assessee filed the requisite details from