KALYANCHAND MANAKCHAND LALWANI, HUF,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri D. Karunakara Rao, Am

capital gains relating to the income of enhanced compensation of land. Assessee owns a land and the Government acquired the same @ Rs.15/- per sq. mtr. Assessee disputed the compensation and filed a case before the District Court. Vide the order dated 30-06-1999, the compensation was increased to Rs.340/- per unit. AO reopened the assessment by issue of notice

KAMLESH KALYANCHAND LALWANI, HUF,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri D. Karunakara Rao, Am

capital gains relating to the income of enhanced compensation of land. Assessee owns a land and the Government acquired the same @ Rs.15/- per sq. mtr. Assessee disputed the compensation and filed a case before the District Court. Vide the order dated 30-06-1999, the compensation was increased to Rs.340/- per unit. AO reopened the assessment by issue of notice

MANGLESH KALYANCHAND LALWANI, HUF,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, both the appeals filed by the assessees are partly allowed

Bench: Shri D. Karunakara Rao, Am

capital gains relating to the income of enhanced compensation of land. Assessee owns a land and the Government acquired the same @ Rs.15/- per sq. mtr. Assessee disputed the compensation and filed a case before the District Court. Vide the order dated 30-06-1999, the compensation was increased to Rs.340/- per unit. AO reopened the assessment by issue of notice

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

CAPGEMINI TECHNOLOGY SERVICES INDIA LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

155 ITR 152 (SC). In that case, a partnership firm took over the business of an earlier firm and all the assets and liabilities of the predecessor firm passed on to the successor firm. The assets included a certain amount of debt due from a certain party to the predecessor firm. Later on, the amount became bad and the successor

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -11,, PUNE vs. CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED , (FORMERLY IGATE GLOBAL SOLUTIONS LTD.),, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

155 ITR 152 (SC). In that case, a partnership firm took over the business of an earlier firm and all the assets and liabilities of the predecessor firm passed on to the successor firm. The assets included a certain amount of debt due from a certain party to the predecessor firm. Later on, the amount became bad and the successor

DNYANOBA SHAJIRAO JADHAV,,LATUR vs. INCOME-TAX OFFICER,,

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

Capital Gain, as per provision of section 2(14) of the I.T Act. Therefore, assessee has claimed entire compensation as exempt. Particulars Amount of Compensation Value of land as enhanced 80,60,000 As per Court Compensation for trees 5,78,182 Solatium u/s. 23(2).. 25,91,454 Component… u/s. 23(1A) 35,41,655 Total

VIPINCHANDRA M. CHOKHAWALI,NAVAPUR vs. THE INCOME TAX OFFICER, WARD-1, DHULE

In the result, the appeal filed by the assessee is allowed and the Stay Application filed by the assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1551/Pun/2024 "नधा"रण वष" / Assessment Year : 2018-19 Along With Stay Application 06/Pun/2024 (Arising Out Of Ita No.1551/Pun/2024) Vipinchandra M. Chokhawala, Vs. Ito, Ward-1, Old Station Road, Dal Mill, Dhule Nandurbar, Navapur-425418 Maharashtra Pan : Adnpc8588M Appellant Respondent

Capital Gains and Income from Other sources. The Return of Income for the A.Y. 2018-19 was filed on 04.10.2018 declaring total income of Rs.78,24,250/-. Against the said return of income, the assessment was completed by the Assessing Officer (AO) vide order dated 03.02.2021 passed u/s.143(3) r.w.s.143(3A) & 143(3B) at a total income of Rs.2

ASSISTANT COMMISSIONER OF INCOME TAX , AHMEDNAGAR CIRCLE,, AHMEDNAGAR vs. SANJAY NEMICHAND LOHADE,, AHMEDNAGAR

Bench: Shri S.S. Godara & Shri G.D. Padmahshali

capital gain was considered as income from other sources i.e. brokerage/commission and thus the claim of deduction u/s 54F was disallowed. 3. The appellant filed an appeal before the ld. CIT(A) against the order of AO. The Ld CIT(A) also confirmed the addition made by the AO. Aggrieved by the order of CIT(A) the appellant filed

ACIT, CIR.-6., PUNE vs. SAKAL PAPER LTD.,, PUNE

In the result, appeal of Revenue is dismissed and appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.725/Pun/2008 यििाारण वषा / Assessment Year : 2005-06 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-6, Pune …. Vs. Sakal Papers Ltd., 595, Budhawar Peth, …. प्रत्यथी / Respondent Pune – 411002 Pan: Aaccs7605Q

gaining control over the organization by one group and therefore, the expenditure cannot be stated to be for the purpose of business of the assessee company. The Assessing Officer held the said expenditure to be in the nature of capital expenditure. The Assessing Officer relied upon the decision of the Hon’ble High Court of Rajasthan in the case

SAKAL PAPER LTD.,,PUNE vs. ACIT, CIR.-6,, PUNE

In the result, appeal of Revenue is dismissed and appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.725/Pun/2008 यििाारण वषा / Assessment Year : 2005-06 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-6, Pune …. Vs. Sakal Papers Ltd., 595, Budhawar Peth, …. प्रत्यथी / Respondent Pune – 411002 Pan: Aaccs7605Q

gaining control over the organization by one group and therefore, the expenditure cannot be stated to be for the purpose of business of the assessee company. The Assessing Officer held the said expenditure to be in the nature of capital expenditure. The Assessing Officer relied upon the decision of the Hon’ble High Court of Rajasthan in the case

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

155 taxmann.com 432 (Madras) has held that Section 153C of the IT Act is only an enabling provision to issue a notice notwithstanding anything contained in Sections 139, 147, 148 etc of the IT Act. However, it does not preclude the Department from issuing notice for reopening the assessment under Section 147. 4.0 The Bombay High Court decision in Sejal

DHANOTTAM VASANT LONKAR,PUNE vs. INCOME-TAX OFFICER, WARD 3(3), , PUNE

In the result, the appeal of the assessee is allowed

capital gain and from other\nsources. Return of income for A.Y. 2013-14 filed on 27.09.2013\ndeclaring income of Rs.1,76,25,230/-. Case selected for scrutiny\nunder CASS. Thereafter, notice u/s.143(2) of the Act was issued\non 03.09.2014 and in the assessment order it is mentioned that it\nhas been served to the assessee. Thereafter, there was change

A.C.I.T ,WARDHA CIRCLE , WARDHA , WARDHA vs. M/S KAPIL SOLVEX PVT .LTD , YAVATMAL

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

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

capital gains tax. 18 26) This is a stand taken in the affidavit in reply but what we find is that the gift without any consideration and as noted in the reasons recorded and supplied has not been termed as one which attracts any tax or which is chargeable to tax and therefore there is any income which has escaped

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade