MR POPATRAO DASHRATHRAO SURYAWANSHI,PUNE vs. INCOME TAX OFFICER, WARD-7(4), 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 : 2017-18 Mr. Popatrao Dashrathrao Suryawanshi Ito, Ward 7(4), Pune S.No.38, Tingre Nagar, Havaldar Mala, Vs. Vishrantwadi, Pune – 411015 Pan: Adhps2643F (Appellant) (Respondent) Assessee By : Shri Suhas Bora Department By : Shri Manish Mehta, Addl.Cit Date Of Hearing : 19-01-2026 Date Of Pronouncement : 21-01-2026 O R D E R

139(1), he has wrongly presented the capital gain after claiming the deduction under section 54B which was an inadvertent error. The appellant also submitted that he would like to file revised computation for the year under consideration for withdrawing capital gain income and the claim of deduction u/s.54F. Thus, it is clear that it is an afterthought

QUBIX BUSINESS PARK PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE

In the result, Ground No.2 of the assessee is allowed for statistical purpose

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

9. Without prejudice, even otherwise, as per Section 80A(5), assessee has to claim deduction under section 80IAB of the Act in the Return of Income. As per section 80AC no deduction under Chapter-VIA shall be allowed, unless assessee furnished Return of Income within the due date mentioned under section 139(1) of the Act. The conjoint reading

MR GANESH RAMBHAV PAKHE,AURANGABAD vs. INCOME TAX OFFICER, WARD-2(3), AURANGABAD, AURANGABAD

In the result, the appeal is allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita No.1097/Pun/2023 "नधा"रण वष" / Assessment Year : 2015-16

capital gain after claiming exemption u/s.54F. This shows that the return taken up for scrutiny was the revised return and not the original one. 6 Ganesh Rambhau Pakhe 8. Section 143(2) is a jurisdictional provision, which gives to AO the requisite power to frame the assessment. This section clearly provides that: ‘Where a return has been furnished under section

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

9 have no application to the facts of the present case, as the assessee company had filed the original return of income showing the loss within the time prescribed under the provisions of section 139(1) of the Act. Thus, the decision of Hon‟ble Supreme Court in Wipro Ltd. (supra) is distinguishable on facts. 52. The above discussion clearly

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

9 have no application to the facts of the present case, as the assessee company had filed the original return of income showing the loss within the time prescribed under the provisions of section 139(1) of the Act. Thus, the decision of Hon‟ble Supreme Court in Wipro Ltd. (supra) is distinguishable on facts. 52. The above discussion clearly

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

9 to Shivchand Parakh, partner of 12/209 to 211 assessee, recorded in response to summons issued u/s. 131 of the IT Act, 1961 on 20.10.2015 Originally, the plots of Makhmalabad were agreed to be sold to M/s Dhananjay Marketing Private Ltd. of Thakkar Group of Nashik vide agreement dt. 25th April 2013. Necessary documents were also executed

SMITA VIRENDRA LODHA,AHMEDNAGAR vs. ITO, WARD-1, AHMEDNAGAR

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

139(1) of the Act. Had the AO not issued notice u/s 148, the entire taxable income of the appellant would have gone untaxed. Reliance is placed on the decision of hon'ble Madras High Court in the case of Gangotri Textiles Ltd. Vs DCIT [2020] 121 taxmann.com 171 (Madras). In its decision the hon'ble court has held that

NINAD ARUN DIWAKAR,NASHIK vs. ITO, ACIT CIRCLE 1, NASHIK, NASHIK

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

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1318/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Ninad Arun Diwakar, V The Income Tax Officer, Plot No.F-98, Midc, S Acti Circle-1, Nashik. Satpur Nashik – 422007. Pan: Ahepd7516M Appellant/ Assessee Respondent / Revenue Assessee By Ca Sarang Gudhate Revenue By Shri Ajay Kumar Keshari Date Of Hearing 15/09/2025 Date Of Pronouncement 17/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Passed Under Section 250 Of The Income Tax Act, 1961 Dated 24.03.2025 For The A.Y.2022-23 Emanating From The Assessment Order Under Section 143(3) Of The Income Tax Act, 1961, Dated 05.03.2024. The Assessee Has Raised The Following Grounds Of Appeal :

139(1) of the Act. The Assessee had claimed deduction u/s.54F of the Act. Assessee’s case was selected for scrutiny. During the assessment proceedings, Assessee submitted before Assessing Officer that Assessee had deposited Rs.8 crore in Capital Gain Account maintained with State Bank of India having “Account No.4110889xxxx” on 18.07.2022(The last four digits of the Account Number

JAGANNATH SAMBHAJI SATAV,PUNE vs. ITO WARD 12(4), PUNE, PUNE

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

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

capital gain. The learned CIT (A) erred in confirming that amount received by appellant was on account of a sale of tenancy rights. 9. On facts and circumstances of case and in law, the learned, the order passed by learned AO under section 143(3) r.w.s 147 of the Income Tax Act, 1961 is bad in law and void

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

KIRAN BABURAO JADHAV,PUNE vs. DCIT, PMT BUILDING SWARGAT

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2023-24 Shri Kiran Baburao Jadhav Dcit, Swargate, Pune Flat No.4, Shubhamkar Apts, Lane Vs. No.14, Bhandarkar Road, Pune – 411004 Pan: Addpj5634M (Appellant) (Respondent) Assessee By : Shri Gajanan N Kondhare Department By : Shri Ramnath P Murkunde Date Of Hearing : 28-07-2025 Date Of Pronouncement : 11-08-2025 O R D E R

capital gain and income from other sources. He filed his return of income on 31.10.2023 declaring total income of Rs.4,14,23,740/-. Subsequently, the assessee revised his return of income on 31.01.2024 by declaring additional income of Rs.97,06,000/- and paid tax on the above amounting to Rs.33,66,040/-. The facts leading to the above additional income

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

139(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on 15.03.2022 declaring total income of Rs.2,16,85,640/-. The return was processed u/s 143(1) of the Act on 08.07.2022 wherein income of the assessee was assessed at Rs.2,65,16,890/-. Subsequently notice u/s 143(2) of the Act was issued and served

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

139(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on 15.03.2022 declaring total income of Rs.2,16,85,640/-. The return was processed u/s 143(1) of the Act on 08.07.2022 wherein income of the assessee was assessed at Rs.2,65,16,890/-. Subsequently notice u/s 143(2) of the Act was issued and served

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, NASHIK, NASHIK vs. MADANLAL LALCHAND JAIN, NANDURBAR

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

139(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) on 15.03.2022 declaring total income of Rs.2,16,85,640/-. The return was processed u/s 143(1) of the Act on 08.07.2022 wherein income of the assessee was assessed at Rs.2,65,16,890/-. Subsequently notice u/s 143(2) of the Act was issued and served

M/S BALAJI DEVELOPERS ,DHULE vs. ITO, WARD 1, DHULE, DHULE

In the result, the appeal of the assessee is allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.375/Pun/2024 Assessment Year : 2016-17

gain has arisen not out of transfer of capital asset. It is out of transfer of stock in trade. Here the assessee firm has come in to existence with the motive of trading of plots This is the business of the assessee. The profit earned is also taxed as business income. Hence, exemption claimed on profit arisen on account transfer

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

gains, being generated on account of sham transaction. 5. The amount of capital loss has been adjusted by the assessee against business income. Assessee is one of the beneficiaries of this arranged Sham Transactions and its claim of dividend income and business loss is required to be disallowed / taxed accordingly as per computation as under: Particulars Amount (in Rs.) Redeemed

SHRI MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

139 or in response to a notice\nissued under sub-section (1) of section 142 or section 148 or to disclose\nfully and truly all material facts necessary for his assessment, for that\n assessment year:\n32.\nWe find the Hon'ble Bombay High Court in the case of Akshar Anshul\nConstruction LLP vs. ACIT (supra) while quashing

MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

Capital Account, Balance Sheet,\nIncome and Expenditure Statement)\n26\nITA No.1178/PUN/2023\nITA No.2017/PUN/2024\nb) Reply to notice dated 31.01.2014 u/s 143(2) and 142(1) – Documents enclosed\nare:\ni. Ledgers in our books\na) Ledger of Abhilasha Exports Pvt. Ltd.\nb) Ledger of Divyadrishti Merchants Pvt. Ltd.\nc) Ledger of Divyadrishti Traders Pvt. Ltd.\nd) Ledger of Parmeshwar Merchandise