VAISHALI KESHAV KULKARNI,PUNE vs. ITO WARD 13(2), PUNE

In the result the Grounds Numbers 2, 3 and 4 raised by the assessee are allowed

Capital Gain Rs.24,00,000/- \n5. Aggrieved by the order passed by the Ld. AO under section 147 read with section 144B of the Act, the appellant presents this appeal before Your Honor.\"\n5.1 Inspite of providing documentary evidence that assessee is not the owner of the impugned property, her father is owner and her father has paid entire

PRITESH RATANSHI VED,PUNE vs. INCOME TAX OFFICER, WARD 1(2), JALGAON

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

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

capital gains and also income from other sources and has not filed his return of income. As per information available on AIMS module of ITBA, the Assessing Officer found that the assessee has sold immovable property of Rs.1,59,63,000/- and also purchased immovable property of Rs.90 lakh, and has deposited cash of Rs.42 lakh and has also paid

HARESHKUMAR DUNGARMAL JAIN,KOLHAPUR vs. DCIT, CIRCLE 1, KOLHAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

capital gain which is exempt u/s 10(38) of the Act. He accordingly submitted that both the legal and factual grounds of appeal of the assessee should be allowed. 9. The Ld. DR on the other hand referring to the decision of the Hon’ble Delhi High Court in the case of Pr.CIT vs. Naveen Kumar Gupta vide ITA No.401/2022

AKASH HARESHKUMAR JAIN,KOLHAPUR vs. DCIT CIRCLE 1, KOLHAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

capital gain which is exempt u/s 10(38) of the Act. He accordingly submitted that both the legal and factual grounds of appeal of the assessee should be allowed. 9. The Ld. DR on the other hand referring to the decision of the Hon’ble Delhi High Court in the case of Pr.CIT vs. Naveen Kumar Gupta vide ITA No.401/2022

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

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

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

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

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

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

KALAVATHI DEVI SHARMA,HYDERABAD vs. ITO, WARD-1, NANDED, NANDED

In the result, appeal of the assessee is dismissed

Bench: Dr.Manish Borad

149 for issue of notice for income escaping below Rupees Fifty Lakhs, is only three years. 7. The Appellate Commissioner erred in rejecting the claim of exemption of long-term capital gains u/s 10(38) of Rs.34,25,064/-. 8. The Appellate Commissioner erred in confirming the action of the Assessing Officer, in invoking the provision of section

CHANDRAKANT VITHTHAL BHOPI,RAIGAD vs. ITO WARD 1 , PANVEL

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 Chandrakant Viththal Bhopi Ito, Ward-1, Panvel At Chinchpada, Post Panvel, Tal. Vs. Panvel, Dist. Raigad – 410206 Pan: Bjdpb7610L (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak & Ajinkya M Vaishampayan Department By : Shri Ramnath P Murkunde Date Of Hearing : 05-05-2025 Date Of Pronouncement : 07-05-2025 O R D E R

Capital Gains on compensation received on compulsory acquisition of urban agricultural land is exempt from tax. The learned assessing officer is not correct while making assessment without properly taken into consideration of the provision of section 10(37) of the income Tax Act, 1961. There are 13 individuals involved, he should consider my share of 1/13th being

M/S OM SHRINIWAS DEVELOPERS,PUNE vs. ITO WARED-6(3), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1345/Pun/2025 िनधा"रण वष" / Assessment Year: 2016-17 M/S.Om Shriniwas Developers, V The Income Tax Officer, Off No.2 & 3, Vastusadan S Ward-6(3), Pune. Bldg, 743, Guruwar Peth, Pune – 411042. Maharashtra. Pan: Aabfo7491G Appellant/ Assessee Respondent / Revenue Assessee By Shri Bhuvanesh Kankani – Ar Revenue By Smt. N C Shilpa – Addl.Cit(Dr) Date Of Hearing 01/07/2025 Date Of Pronouncement 24/07/2025

149 of the Act. Accordingly, the assessment proceedings so initiated be kindly annulled and Appellant be granted just and proper relief in this respect. ITA No.1345/PUN/2025 [A] 6. Without prejudice to other grounds and on the facts and circumstances prevailing in the case and as per provisions and scheme of the Income-tax Act, 1961 ('the Act') it be held

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

149(1)(b) of the I T Act, 1961.\nSd/-\n(Naganath B Pasale, IRS)\nDy. Commissioner of Income Tax,\nCentral Circle-1(1), Pune\"\n4.\nAccordingly, a notice u/s 148 of the Act was issued on 26.03.2018. The\nassessee in response to the same vide letter dated 11.09.2018 requested the\nAssessing Officer to consider the return of income filed

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

149(1)(b) of the I T Act, 1961.\nSd/-\n(Naganath B Pasale, IRS)\nDy. Commissioner of Income Tax,\nCentral Circle-1(1), Pune\"\n4.\nAccordingly, a notice u/s 148 of the Act was issued on 26.03.2018. The\nassessee in response to the same vide letter dated 11.09.2018 requested the\nAssessing Officer to consider the return of income filed

SHAILESH THAKSEN BANKHELE (LEGAL HEIR OF LATE. THAKSEN SOPAN BANKHELE),PUNE vs. ITO WARD 10(2), PUNE, PUNE

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

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.475/Pun/2025 िनधा"रण वष" / Assessment Year: 2011-12 Shailesh Thaksen Bankhele V The Income Tax Officer, (Legal Heir Of Late Thaksen S Ward-10(2), Pune. Sopan Bankhele), Sai Namdeo Park, Flat No.12 B-Ii, Near Mhadha Housing Society, Morwadi, Pimpri, Haveli, Pune – 411018. Pan: Agfpb8295D Appellant/ Assessee Respondent / Revenue Assessee By Shri Sharad Shah – Ar Revenue By Shri Harish Bist – Addl.Cit(Dr) Date Of Hearing 01/04/2025 Date Of Pronouncement 23/04/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Additional/Joint Commissioner Of Income Tax(Appeals)-[Nfac], Passed Under Section 250Of The Income Tax Act, 196, Ludhiana 23.02.2024For Assessment Year 2011-12. The Assessee Has Raised The Following Grounds Of Appeal :

capital gain is taxable in this year. 5. The appellant craves its right to add to or alter the Grounds NI of Appeal at any time before or during the course of hearing of the case.” Findings & Analysis : 2. We have heard both the parties and perused the records.In this case, assessment order for A.Y.2011-12 was passed under section

DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

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

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

capital gain amounting to Rs.1,10,96,685/-. Accordingly, the case of the assessee was sought to be reopened and notice u/s 148A(b) of the Act was issued on 30.03.2022 asking the assessee to show cause as to why her case should not be reopened. The assessee in response to the same objected for such reopening of the assessment

MANOHAR WAMAN PANDAGALE,PUNE vs. INCOME TAX OFFICER WARD 3(3), PUNE

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

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

capital gain and (iii) Rs.75,896/- on account of interest income. 3. Aggrieved, the assessee carried the matter before the Ld. CIT(A)/NFAC. Before the Ld. CIT(A)/NFAC, the appeal was filed with a delay of 755 days. The Ld. CIT(A)/NFAC did not condone the said delay and dismissed the appeal observing the delay

AFSHA SHAMIM AHMED KHAN ,NASHIK vs. THE ITO WARD-1(3), NASHIK

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

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2858/Pun/2025 निर्धारण वषा / Assessment Year: 2010-11 Afsha Shamim Ahmed Khan, V The Income Tax Officer, 11, Paradise Plaza, Opposite S Ward-1(3), Nashik. Alone Point, Hotel Shingada Talao, Nashik – 422001. Pan: Azmpk3812B Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod Shingte Revenue By Shri Madhukar Anand – Jcit(Through Virtual) Date Of Hearing 07/01/2026 Date Of Pronouncement 08/01/2026 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] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2010-11 Dated 20.03.2025 Emanating From The Assessment Order Passed Under Section 144 Of The Act, Dated 11.12.2017. The Assessee Has Raised The Following Grounds Of Appeal :

section 271(1)(c) of the Income-tax Act, 1961 are separately initiated on this amount.” ITA No.2858/PUN/2025 [A] 3. Aggrieved by the Assessment Order, Assessee filed appeal before the ld.CIT(A), wherein Assessee has raised legal grounds. Assessee also filed a statement of fact. The Statement of facts filed by Assessee before the ld.CIT(A) is reproduced here

VIJAYMALA VILAS KALOKHE,PUNE vs. ITO WARD-10(1), PUNE

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

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1666/Pun/2025 धििाारण वर्ा / Assessment Year : 2013-14 Vijaymala Vilas Kalokhe, Ito, Ward-10(1), Pune Aditya Row House, Lane No. 2, Opp. Patel Garden, Sr. No. 8/2A, Vs. Juni Sangavi, Maharashtra-411027 Pan : Asepk8161G अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Kishor B Phadke Department By : Shri Amit Bobde Date Of Hearing : 28-01-2026 Date Of 30-01-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 17.06.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2013-14. 2. Briefly Stated The Facts Are That The Assessee Is An Individual. He Filed His Return Of Income For Ay 2013-14 Declaring Total Income Of Rs.2,21,050/-. The Case Of The Assessee Was Reopened U/S 147 Of The Income Tax Act, 1961 (The “Act”) After Following The Mandate Procedure As Laid Down Under The Relevant Provisions Of The Act. Accordingly, Statutory Notice U/S 142(1) Of The Act & Show Cause Letter(S) Were Issued To The Assessee From Time To Time. However, The Assessee Failed To File Any Response To The Said Notice(S) Which Constrained The Ld. Assessing Officer (“Ao”) To Pass An Ex-Parte Order U/S 144 Of The Act Based On The Material Available On Record. The Ld. Ao Proceeded To Complete The Assessment On Total Income Of Rs.2,66,70,989/-U/S 147 R.W.S. 144 Of The Act Thereby Making An Addition Of Rs.2,63,83,209/- On Account Of Undisclosed Long Term Capital Gain (Ltcg) By Observing As Under : “5.1. On-Going Through The Information Available On Record & In View Of The Order Passed U/S 148A(D) Of The Act Dated 21.07.2022, It Is Noticed That 2

Gain on Rs. 2,63,83,209/- in her return of income filed for A.Y. 2013-14. Further, the assessee has also not brought on record whether he/she has fulfilled the conditions as laid down u/s 2(14)(iii)(a) or (b). The land in question is a capital asset within the meaning of section

NIKHIL BABAN NIMBALKAR,PUNE vs. ITO, WARD 14(5), PUNE

In the result both appeals of the assessee are allowed for statistical purposes

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

capital gains 7. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred making addition of Rs 54,72,500/- as income from other sources 8. On the facts and in the circumstances of the case and in law and without prejudice

NIKHIL BABAN NIMBALKAR,PUNE vs. ITO, WARD 14(5), PUNE

In the result both appeals of the assessee are allowed for statistical purposes

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

capital gains 7. On the facts and in the circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred making addition of Rs 54,72,500/- as income from other sources 8. On the facts and in the circumstances of the case and in law and without prejudice