RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

195 Taxman 117 (Bom.) ii. PCIT Vs. Lark Chemicals (P) Ltd. (2018) 99 taxmann.com 312 (SC) iii. Dhruv Parulbhai Patel Vs. ACIT (2014) 45 taxmann.com 20 (Gujarat) iv. Hindustan Lever Ltd. Vs. R.B. Wadkar 268 ITR 332 (Bombay) v. M/s. Lark Chemicals P. Ltd. Vs. ACIT – ITA No.2636/M/2013, dated 06.02.2015 10. On the other hand, ld. Departmental Representative has contended

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

195 Taxman 117 (Bom.) ii. PCIT Vs. Lark Chemicals (P) Ltd. (2018) 99 taxmann.com 312 (SC) iii. Dhruv Parulbhai Patel Vs. ACIT (2014) 45 taxmann.com 20 (Gujarat) iv. Hindustan Lever Ltd. Vs. R.B. Wadkar 268 ITR 332 (Bombay) v. M/s. Lark Chemicals P. Ltd. Vs. ACIT – ITA No.2636/M/2013, dated 06.02.2015 10. On the other hand, ld. Departmental Representative has contended

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION , KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

195 Тахтап 117 (Вот.)\nii. PCIT Vs. Lark Chemicals (P) Ltd. (2018) 99 taxmann.com 312\n(SC)\niii. Dhruv Parulbhai Patel Vs. ACIT (2014) 45 taxmann.com 20\n(Gujarat)\niv. Hindustan Lever Ltd. Vs. R.B. Wadkar 268 ITR 332 (Bombay)\nv. M/s. Lark Chemicals P. Ltd. Vs. ACIT – ITA No.2636/M/2013,\ndated 06.02.2015\n10. On the other hand, ld. Departmental Representative

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

195 Тахтап 117 (Вот.)\nii. PCIT Vs. Lark Chemicals (P) Ltd. (2018) 99 taxmann.com 312\n(SC)\niii. Dhruv Parulbhai Patel Vs. ACIT (2014) 45 taxmann.com 20\n(Gujarat)\niv. Hindustan Lever Ltd. Vs. R.B. Wadkar 268 ITR 332 (Bombay)\nv. M/s. Lark Chemicals P. Ltd. Vs. ACIT – ITA No.2636/M/2013,\ndated 06.02.2015\n10. On the other hand, ld. Departmental Representative

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

195 Тахтап 117 (Вот.)\n11\nITA Nos.1121 to 1126/PUN/2024\nRajarshi Shahu Shikshan Sanstha\nii. PCIT Vs. Lark Chemicals (P) Ltd. (2018) 99 taxmann.com 312\n(SC)\niii. Dhruv Parulbhai Patel Vs. ACIT (2014) 45 taxmann.com 20\n(Gujarat)\niv. Hindustan Lever Ltd. Vs. R.B. Wadkar 268 ITR 332 (Bombay)\nv. M/s. Lark Chemicals P. Ltd. Vs. ACIT – ITA No.2636/M/2013,\ndated

PUNE MATHADI HAMAL AND OTHER MANUAL WORKERS BOARD,PUNE vs. INCOME TAX OFFICER, WARD-5(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1012/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Pune Mathadihamal & Other The Income Tax Manual Workers Board, V Officer, Shramashakti Bhavan, S Ward-5(1), Pune. Coomercial Plot No.1, Market Yard, Pune – 411037. Pan: Aaalp0097L Appellant/ Assessee Respondent /Revenue Assessee By Shri Vipul Joshi – Ar Revenue By Shri Ajay Kumar Keshari & Shri Rajesh Gawali– Dr’S Date Of Hearing 17/04/2024 Date Of Pronouncement 27/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Commissionerof Income Tax(Appeals)[Nfac], Under Section 250 Of The Act Dated 14.07.2023 :

capital gains. Once this principle was accepted and consistently applied and followed, the Revenue was bound by it. Unless of course it wanted to change the practice without any change in law or change in facts therein, the basis for the change in practice should have been mentioned either in the assessment order or atleast pointed out to the Tribunal

PRAVIN BABANRAO TAMBE,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-4, PUNE, PUNE

In the result, the appeal filed by the assessee is dismissed as not maintainable

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.692/Pun/2023 िनधा"रण वष" / Assessment Year : 2013-14 Pravin Babanrao Tambe, Vs. Pcit, Pune-4. Sr. No.14, Shree Datta Colony, Akashwani, Hadapsar, Pune- 411028. Pan : Aimpt5087G Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 12.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 31.03.2021 Passed By Ld. Pr.Cit, Pune- 4 [‘Ld. Pcit’] U/S 263 Of The It Act For The Assessment Year 2013-14. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Ld Cit Erred In Law & On Facts In Invoking Jurisdiction Under Section 263 & Setting Aside Assessment Order For Fresh Assessment On The Ground That Assessment Has Been Framed

gains shall be computed, by deducting from the full value of the consideration received or accruing 5 as a result of the transfer of the capital asset the following amounts namely:- (i) Expenditure incurred wholly and exclusively in connection with such transfer (ii) The cost of acquisition of the asset and the cost of any improvement thereto. The assessee

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

195 of Kirkatwadi, Pune admeasuring 2H 14R for a consideration of Rs.24,00,00,000/- to developer. In the return of income, the assessee claimed deduction u/s 54B of Rs.18,34,37,980/- on reinvestment of the sale proceeds of the agricultural land and Rs.6,36,79,120/- in capital gain deposits scheme. During the course of assessment proceedings

MUSTAFA ALIHUSAIN SUNELWALA,PUNE vs. ITO, WARD-14(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

section 270A enumerates what constitutes misreporting of income. It is an admitted fact that the assessee filed the return of income for the AY 2022-23 on 15.07.2022, declaring a total Income of Rs.40,17,320/-, which included capital gain of Rs.38,11,873/- from the sale of property. As the assessee is a non-resident applicable, tax was deducted

PIAGGIO VEHICLES PVT LTD ,PUNE vs. ACIT, CIRCLE 4, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

195, 196C and 199 of the Act, quoted above, would further fortify the fact that the dividend income under Section 115-O of the Act is a special category of income which has been treated differently by the Act making the same non-includible in the total income of the recipient assessee as tax thereon had already been paid

M/S. PIAGGIO VEHICLES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.868/Pun/2022 िनधा"रण वष" / Assessment Year: 2015-16 Piaggio Vehicles Private Ltd., V The Assistant Sky One Corporate Park, S Commissioner Of Income Ground Floor, Survey Tax, Circle-4, Pune. No.239/02, Near Pune Airport, Pune – 411032. Pan: Aabcp1225G Appellant/ Assessee Respondent / Revenue Assessee By Shri Siddhesh Chaugule – Ar Revenue By Shri Vidya Ratan - Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 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(Appeals)-13, Pune For Assessment Year 2015-16 Dated 06.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Refund Of Excess Taxes Paid On Dividend Distributed On The Facts & Circumstances Of The Case & In Law, The Hon'Ble Cit(A) Has Erred In Not Granting The Benefit Of Article 11 Of The India-

195, 196C and 199 of the Act, quoted above, would further fortify the fact that the dividend income under Section 115-O of the Act is a special category of income which has been treated differently by the Act making the same non-includible in the total income of the recipient assessee as tax thereon had already been paid

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, SWARGATE,PUNE vs. MAHARASHTRA STATE BOARD OF SECONDARY & HIGHER SECONDARY EDUCATION, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2022-23

195 ITD 600 (Lucknow- Trib.), he submitted that the Tribunal in the said decision has held that where assessee, a trust, in earlier years had been claiming exemption under section 10(23C) and it got registration under section 12A on 2-9-2014 and it in return filed for assessment year 2014-15 claimed exempt income under section

VINEET PRAKASH POL,NASHIK vs. ACIT CIRCLE-1, NASHIK

In the result, appeal of the assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.302/Pun/2025 िनधा"रण वष" / Assessment Year: 2015-16 Vineet Prakash Pol, V The Acit, F-16, Midc, Ambad, S. Circle-1, Nashik. Nashik – 422010. Maharashtra. Pan: Abkpp4357J Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket Joshi – Ar Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 26/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commssioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Act, Dated31.01.2024For The A.Y.2015-16. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A) Erred In Confirming The Disallowance Of Rs.13,81,195 Out Of The Total Disallowance Of Rs.30,74,834 Made By The A.O In Respect Of Interest Paid To Partnership Firms On Loans Obtained From Them Without Appreciating That The Said Disallowance Was Not Justified On Facts & In Law. 2. The Learned Cit(A) Ought To Have Appreciated That While

section 250 of the Act, dated31.01.2024for the A.Y.2015-16. The Assessee has raised the following grounds of appeal : “1. The learned CIT(A) erred in confirming the disallowance of Rs.13,81,195 out of the total disallowance of Rs.30,74,834 made by the A.O in respect of interest paid to partnership firms on loans obtained from them without appreciating that

NARARSHABH SHARMA,PUNE vs. ASSESSING OFFICER, WARD 7(3), PUNE, AAYAKAR SADAN PUNE

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

Bench: Dr. Manish Borad

section 139(9) of the Act observed that Ld.AO is empowered to condone the delay and treat the return as valid return even after the lapse of permitted time, but before completion of assessment. Therefore, the order of the CPC cannot be held to 3 ITA.No.1530/PUN./2025 (Nararshabh Sharma) be unlawful to that extent. The Ld.CIT(A) further held

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

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

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

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

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

FOSECO INDIA LIMITED,PUNE vs. ACIT, CIRCLE1(1), PUNE

In the result, the appeal of the assessee for AY 2014-15 is dismissed

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

capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State" The same is the position with respect of the other non-discrimination provisions. No such extension of the scope of treaty protection is AYs 2014-15 to 2020-21 envisaged, or demonstrated, in the present case. When

FOSECO INDIA LIMITED,PUNE vs. ACIT, CIRCLE 1 (1), PUNE

In the result, the appeal of the assessee for AY 2014-15 is dismissed

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

capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State" The same is the position with respect of the other non-discrimination provisions. No such extension of the scope of treaty protection is AYs 2014-15 to 2020-21 envisaged, or demonstrated, in the present case. When

FOSECO INDIA LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

In the result, the appeal of the assessee for AY 2014-15 is dismissed

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

capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State" The same is the position with respect of the other non-discrimination provisions. No such extension of the scope of treaty protection is AYs 2014-15 to 2020-21 envisaged, or demonstrated, in the present case. When