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12 results for “capital gains”+ Section 234Cclear

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Key Topics

Section 80P12Section 234C11Section 115J9Addition to Income9Section 143(1)8Section 111A8Section 143(2)7Section 234A6Section 112A6Capital Gains

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

ITA 1994/PUN/2024[2020-21]Status: DisposedITAT Pune06 Jan 2025AY 2020-21

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

Section 115JSection 143(3)Section 144BSection 144C(13)Section 144C(5)Section 80

capital gains earned during the subject year 8. Erroneous levy of interest under section 234A of the Act The NFAC / Ld.AO erred in levying interest under section 234A of the Act, despite the Appellant filing its return of income within the prescribed due date. 9. Erroneous levy of interest under section 234B and 234C

5
Long Term Capital Gains5
Deduction5

HREYANSH VASUNDHARA FAMILY TRUST,PUNE vs. INCOME TAX OFFICER, WARD-7(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

ITA 1795/PUN/2024[2023-24]Status: DisposedITAT Pune29 May 2025AY 2023-24

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

For Appellant: Shri Kiran SanmaneFor Respondent: Shri Ramnath P. Murkunde
Section 111ASection 112Section 112ASection 143(1)Section 167Section 167BSection 2(290)Section 234C

section 2(290) denotes two separate levies and hence MMR does not automatically include higher rate of surcharge. 5. In not appreciating that the total income of the appellant of Rs.18,86,13,290/- includes income of Rs.18,52,68,427/-on which maximum surcharge is 15 per cent (viz. short-term capital gains u/s 111A, long-term capital gains

HREYANSH VASUNDHARA FAMILY TRUST,PUNE vs. INCOME TAX OFFICER, WARD-7(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

ITA 1794/PUN/2024[2022-23]Status: DisposedITAT Pune29 May 2025AY 2022-23

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

For Appellant: Shri Kiran SanmaneFor Respondent: Shri Ramnath P. Murkunde
Section 111ASection 112Section 112ASection 143(1)Section 167Section 167BSection 2(290)Section 234C

section 2(290) denotes two separate levies and hence MMR does not automatically include higher rate of surcharge. 5. In not appreciating that the total income of the appellant of Rs.18,86,13,290/- includes income of Rs.18,52,68,427/-on which maximum surcharge is 15 per cent (viz. short-term capital gains u/s 111A, long-term capital gains

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

ITA 540/PUN/2025[2015-16]Status: DisposedITAT Pune28 May 2025AY 2015-16
Section 147Section 148Section 148ASection 149Section 250

Sections 234A, 234B and 234C of the Act.\n7.\nYour appellant craves leave to add, amend, modify alter and / or delete any of the above grounds of appeal on or before the date of hearing.\nDelay condonation :\n1.1 There is a delay of 16 days in filing appeal before this Tribunal. We have perused the submission and found that there

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -2, PUNE vs. SHRI PADEMAKAR GOPAL BHIDE, PUNE

ITA 512/PUN/2023[2014-15]Status: DisposedITAT Pune11 Jul 2023AY 2014-15

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury, Hon. & Dcit, Circle-2, Vs Padmakar Gopal Bhide, 1St Floor, „A‟ Wing, Pmt Pune Building, Shankar Seth Road, Swargate, Pune. Pan: Abbpb 7155 P Appellant/Revenue Respondent /Assessee Assessee By : Shri C.H. Naniwadekar, Ca Revenue By : Shri M.G. Jasnani, Dr Date Of Hearing : 10/07/2023 Date Of Pronouncement : 11/07/2023 O R D E R Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Revenue Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 09.03.2023 For A.Y.2014-15 As Per The Following Grounds Of Appeal:-

For Appellant: Shri C.H. Naniwadekar, CAFor Respondent: Shri M.G. Jasnani, DR
Section 154Section 208Section 209(1)(a)Section 234C

capital gain Audit Objection Accepted by earned during the year as per the Dept.] mentioned in para section 209(1)(a) of the Income 10 of CBDT circular Tax Act, 1961. No.03/2018 2 The appellant prays that the order of the ld.CIT(A) be held to be bad in law and be quashed Padmakar Gopal Bhide and that the order

KUBER VASANTRAO KENJALE,PUNE vs. ITO WARD 6(5), PUNE, PUNE

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

ITA 2331/PUN/2024[2015-16]Status: DisposedITAT Pune25 Aug 2025AY 2015-16

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2015-16

For Appellant: Smt. Deepa KhareFor Respondent: Shri Ramnath P Murkunde
Section 131Section 143(2)Section 234BSection 234CSection 54ESection 54F

capital gain of Rs.61,02,196/- the Assessing Officer made the addition of Rs.40,48,460/- to the total income of the assessee. 6. In appeal the Ld. CIT(A) / NFAC upheld the action of the Assessing Officer. 7. Aggrieved with such order of the Ld. CIT(A) / NFAC, the assessee is in appeal before the Tribunal by raising

NANASAHEB BHAGAWAN SASAR,PUNE vs. ITO, WARD 2(2), PUNE, PUNE

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

ITA 722/PUN/2025[2022-23]Status: DisposedITAT Pune22 Sept 2025AY 2022-23

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

For Appellant: Shri Suhas BoraFor Respondent: Shri Ramnath P Murkunde
Section 139(4)Section 143(1)Section 154Section 194ASection 234A

capital gains on sale of land is shown in the IT'R of assessee and his son Mr. Amit Sasar in ratio of 1:1 and paid the tax liability due thereon." 2.1 Thereafter, intimation order u/s 143(1) of the Act was issued by the Ld. Assessing Officer/Central Processing Centre [(“AO”)/(“CPC”)] on 27.02.2023 wherein the Ld. AO/CPC considered

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

In the result, the appeal of the assessee is allowed

ITA 214/PUN/2022[2013-14]Status: DisposedITAT Pune08 Apr 2025AY 2013-14
Section 129Section 142(1)Section 143(2)Section 143(3)Section 234ASection 54FSection 68

234C etc. Prays\nto cancel the same.\n7) Appellant prays to add, alter, amend, take additional grounds,\nsubmit additional evidence and / or during or pending proceeding.\nAdditional Ground\nIncome Tax Officer Ward-3(3), Pune has erred is passing Order u/s\n143(3) without having Pecuniary Jurisdiction.\nAppellant prays to declare the said Order as bad in law being without

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

ITA 825/PUN/2025[2022-2023]Status: DisposedITAT Pune24 Oct 2025AY 2022-2023

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

For Appellant: Shri Piyush BafnaFor Respondent: Shri Ratnakar Bhimrao Shelake
Section 10Section 10(46)Section 143(1)

section 10(46) of the Act whereby the entire income earned by the Appellant board was exempt 6 CO No.19/PUN/2025 and therefore, the impugned addition of Rs.5,91,66,438 made in the intimation order is invalid and bad in law and therefore, the same may please be quashed and set aside. 7. On the facts and in the circumstances

UDAY JAWAHAR KOTNIS,PUNE vs. INCOME TAX OFFICER, PUNE

ITA 1/PUN/2024[2017 - 2018]Status: DisposedITAT Pune10 Jul 2024

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.01/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Uday Jawahar Kotnis, Vs. Ito, Ward-13(2), Pune. 601 A Building, Waterfront, Kalyani Nagar, Pune- 411001. Pan : Abtpk0141N Appellant Respondent Assessee By Shri V. L. Jain : Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.05.2024 Date Of Pronouncement : 10.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.11.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Ao Has Erred On Facts & In Law In Making An Addition Of Rs.1,75,00,000/- As Commission Under The Head Income From Other Sources. 2. The Appellant Craves Leave To Amend Or Alter Any Of The Grounds Of Appeal Or Add To The Same, If Deemed Necessary.

For Respondent: Shri Sourabh Nayak
Section 143(3)Section 156Section 2(27)Section 234ASection 270A(9)(a)Section 274

Capital Gains, Investment in immovable property & deduction against income from other sources.” 4. During the course of assessment proceedings, statutory notice was issued to the assessee & in reply assessee furnished necessary information & documents. After considering the reply of the assessee & in the absence of evidences in support of claim of deduction of Rs.1,75,00,000/- made by the assessee

SHARAD GRAMIN BIGARSHETI SAHAKARI PATSANSTHA LIMITED,NIRGUDSAR vs. INCOME TAX OFFICER, WARD 10(5). PUNE, AKURDI

In the result, appeal of the assessee is allowed

ITA 433/PUN/2025[2017-18]Status: DisposedITAT Pune27 Jun 2025AY 2017-18

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.433 & 434/Pun/2025 िनधा"रण वष" / Assessment Years: 2017-18 & 2018-19 Sharad Gramin Bigarsheti V The Income Tax Officer, Sahakari Patsanstha Ltd., S Ward-10(5), Pune. Sharad Gamin Bigarsheti Sanstha, Nirgoodsar, Pune – 412406. Maharashtra. Pan: Aabas8790H Appellant/ Assessee Respondent / Revenue Assessee By Shri Dhiraj S Dandgaval – Ar Revenue By Shri Rajesh Haladkar – Addl.Cit(Dr) Date Of Hearing 26/06/2025 Date Of Pronouncement 27/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961, Both Dated 28.11.2024 For The Assessment Year 2017-18 & 2018-19 Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This

Section 234ASection 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

234C is not justified. 5. The appellant craves to leave, add/amend, delete or withdraw any of the above grounds of appeal during the appellate proceedings in the interest of natural justice.” Findings & Analysis : 2. We have heard both the parties and perused the records. Assessee is a Co-operative Credit Society duly registered under Maharashtra State Co-operative Societies

SHARAD GRAMIN BIGARSHETI SAHAKARI PATSANSTHA LIMITED,NIRGUDSAR vs. INCOME TAX OFFICER, WARD 10(5). PUNE, AKURDI

In the result, appeal of the assessee is allowed

ITA 434/PUN/2025[2018-19]Status: DisposedITAT Pune27 Jun 2025AY 2018-19

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.433 & 434/Pun/2025 िनधा"रण वष" / Assessment Years: 2017-18 & 2018-19 Sharad Gramin Bigarsheti V The Income Tax Officer, Sahakari Patsanstha Ltd., S Ward-10(5), Pune. Sharad Gamin Bigarsheti Sanstha, Nirgoodsar, Pune – 412406. Maharashtra. Pan: Aabas8790H Appellant/ Assessee Respondent / Revenue Assessee By Shri Dhiraj S Dandgaval – Ar Revenue By Shri Rajesh Haladkar – Addl.Cit(Dr) Date Of Hearing 26/06/2025 Date Of Pronouncement 27/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961, Both Dated 28.11.2024 For The Assessment Year 2017-18 & 2018-19 Respectively. For The Sake Of Convenience, These Two Appeals Were Heard Together & Are Being Disposed Of By This

Section 234ASection 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

234C is not justified. 5. The appellant craves to leave, add/amend, delete or withdraw any of the above grounds of appeal during the appellate proceedings in the interest of natural justice.” Findings & Analysis : 2. We have heard both the parties and perused the records. Assessee is a Co-operative Credit Society duly registered under Maharashtra State Co-operative Societies