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29 results for “capital gains”+ Section 239clear

Sorted by relevance

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Key Topics

Section 115B34Section 143(3)32Addition to Income22Section 14818Section 6814Section 15410Section 2639Disallowance9Exemption9Section 147

MANGILAL LAKAHJI CHOWDHARY,,PUNE vs. INCOME-TAX OFFICER, WARD - 3(1),, PUNE

Appeal is partly allowed in above terms

ITA 2791/PUN/2017[2013-14]Status: DisposedITAT Pune23 Sept 2022AY 2013-14

Bench: Shri S.S.Godara & Dr.Dipak P.Ripoteआयकरअपीलसं. / Ita No.2791/Pun/2017 िनधा"रण वष" / Assessment Year: 2013-14

Section 143(3)Section 2(47)Section 269USection 41(1)Section 53A

239 ITR 775 / 106 Taxman 166 has held that anyone in possession of property in his own right exercising such dominion over the property as would enable others being excluded therefrom and having the right to use and occupy the property in his own right, would be the owner of the building for the purpose of section 32(1) though

BHAGWAN RAGHUNATH PATHARE,,PUNE vs. INCOME-TAX OFFICER, WARD - 7(3),, PUNE

Showing 1–20 of 29 · Page 1 of 2

8
Section 10(29)8
Deduction8

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

ITA 2082/PUN/2017[2012-13]Status: DisposedITAT Pune12 May 2022AY 2012-13
For Appellant: Shri Deepak SasarFor Respondent: Shri Rajesh Gawli
Section 142(1)Section 144ASection 54BSection 6

239/-. In response to the notice u/s. 142(1) & 143(2) the Assessee stated before the Assessing Officer that, out of the total consideration on sale of agricultural land situated at Survey No.67 at Kharadi Pune on 06.08.2011, he and his wife Latabai pathare had received consideration of Rs. 50,00,000/-. As there was a difference in the total

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

ITA 1124/PUN/2024[2015-16]Status: DisposedITAT Pune18 Dec 2025AY 2015-16

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

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amit Bobde &
Section 115BSection 143(3)Section 147Section 148Section 155BSection 68

capital gain under section 54 was examined by the Assessing Officer. (2) Undisputedly, however, the claim of the assessee was under section 54 and not 54E of the Act. (3) The Assessing Officer in the reasons recorded desired to disallow the claim on the ground that as required under section 54E of the Act, the assessee did not invest

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

ITA 1126/PUN/2024[2017-18]Status: DisposedITAT Pune18 Dec 2025AY 2017-18

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

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amit Bobde &
Section 115BSection 143(3)Section 147Section 148Section 155BSection 68

capital gain under section 54 was examined by the Assessing Officer. (2) Undisputedly, however, the claim of the assessee was under section 54 and not 54E of the Act. (3) The Assessing Officer in the reasons recorded desired to disallow the claim on the ground that as required under section 54E of the Act, the assessee did not invest

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

ITA 1121/PUN/2024[2012-13]Status: DisposedITAT Pune18 Dec 2025AY 2012-13

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

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amit Bobde &
Section 115BSection 143(3)Section 147Section 148Section 155BSection 68

capital gain under section 54 was examined by the Assessing Officer. (2) Undisputedly, however, the claim of the assessee was under section 54 and not 54E of the Act. (3) The Assessing Officer in the reasons recorded desired to disallow the claim on the ground that as required under section 54E of the Act, the assessee did not invest

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

ITA 1123/PUN/2024[2014-15]Status: DisposedITAT Pune18 Dec 2025AY 2014-15
Section 115BSection 143(3)Section 147Section 148Section 155BSection 68

capital gain under section 54 was examined by the\nAssessing Officer.\n(2) Undisputedly, however, the claim of the assessee was under\nsection 54 and not 54E of the Act.\n(3) The Assessing Officer in the reasons recorded desired to\ndisallow the claim on the ground that as required under section\n54E of the Act, the assessee

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

ITA 1122/PUN/2024[2013-14]Status: DisposedITAT Pune18 Dec 2025AY 2013-14
Section 115BSection 143(3)Section 147Section 148Section 155BSection 68

capital gain under section 54 was examined by the\nAssessing Officer.\n(2) Undisputedly, however, the claim of the assessee was under\nsection 54 and not 54E of the Act.\n(3) The Assessing Officer in the reasons recorded desired to\ndisallow the claim on the ground that as required under section\n54E of the Act, the assessee

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

ITA 1125/PUN/2024[2016-17]Status: DisposedITAT Pune18 Dec 2025AY 2016-17
Section 115BSection 143(3)Section 147Section 148Section 155BSection 68

capital gain under section 54 was examined by the\nAssessing Officer.\n(2) Undisputedly, however, the claim of the assessee was under\nsection 54 and not 54E of the Act.\n(3) The Assessing Officer in the reasons recorded desired to\ndisallow the claim on the ground that as required under section\n54E of the Act, the assessee

DCIT CIRCLE-7, PUNE vs. THAKUR HASARAM MULCHANDANI, PUNE

Appeal is dismissed in above terms

ITA 55/PUN/2020[2015-16]Status: DisposedITAT Pune20 Jun 2022AY 2015-16

Bench: Shri S. S. Godara & Shri Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.55/Pun/2020 िनधा"रण वष" / Assessment Year: 2015-16 Dcit, Circle-7, Pune. Vs. Thakur Hasaram Mulchandani, Flat No.1, Building No.1, Sukhasagar Terrace, Sadhu Vaswani Chowk, Opp. Gpo, Pune- 411001. Pan : Aaxpm9871G Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri Hari Krishan Date Of Hearing : 13.06.2022 Date Of Pronouncement : 20.06.2022 आदेश / Order Per S. S. Godara, Jm: This Revenue’S Appeal For Assessment Year 2015-16 Arises Against The Cit(A)-5, Pune’S Order Dated 15.10.2019 Passed In Case No. Pn/Cit(A)-5/Dcit, Cir. 7, Pune/10020/2018-19 Involving Proceedings U/S 271(1)(C) Of The Income Tax Act, 1961; In Short The Act. Heard Both The Parties. Case Files Perused. 2. The Revenue’S Sole Substantive Grievance Raised Herein Challenges Correctness Of The Cit(A)’S Action Reversing The Penalty

For Appellant: Shri Hari KrishanFor Respondent: Shri Arvind Desai
Section 143(3)Section 271(1)(c)Section 54

capital gains. This claim of excess expense in this regard, in my opinion, when surrendered by the appellant by realizing such wrong claim, initially made due to inadvertence, cannot be held as furnishing of inaccurate particulars of income, as has been held by the AO while levied penalty u/s. 271(1)(c) of the Act. I further find that

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SHRI RAMAKANT RAJARAM BODKE,, PUNE

Appeal of the Revenue is partly allowed in the terms aforesaid

ITA 704/PUN/2015[2010-11]Status: DisposedITAT Pune07 Feb 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.704/Pun/2015 "नधा"रण वष" / Assessment Year : 2010-11

For Appellant: None (Written submission)For Respondent: Shri Mukesh Jha
Section 54BSection 54F

Section 63 - 1A ...... and that special permission was granted to the purchaser u/s 63 - 1A by the State Government. This fact, it is submitted, clearly establishes that the land was agricultural land at and up to the time of its sale and therefore the capital gains arising from its transfer were 7 A.Y. 2010-11 eligible to enjoy the deduction

ARCHANA PRASHANT DATE,PUNE vs. ITO, WARD 11(1), PUNE, PUNE

In the result, appeal of the assessee is allowed

ITA 190/PUN/2025[2013-14]Status: DisposedITAT Pune19 Aug 2025AY 2013-14

Bench: Dr.Manish Borad & Ms.Astha Chandra

For Respondent: Appellant by Shri Sarang Gudhate
Section 147Section 148Section 154Section 250Section 48Section 50CSection 54

239/-. Aggrieved assessee preferred appeal before ld.CIT(A) and filed all the relevant details. Ld. CIT(A) after considering the documents and details has partly allowed the assessee’s appeal observing as follows : “6.9 The section is categorical that where the consideration received or accruing as a result of the transfer by an assessee of a capital asset, being land

PARAS JAVERILAL JAIN,,DHULE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is partly allowed

ITA 1487/PUN/2015[2011-12]Status: DisposedITAT Pune11 Jan 2019AY 2011-12

Bench: Shri Anil Chaturvedi, Am

For Appellant: Shri Sunil GanooFor Respondent: Shri M.K. Verma
Section 133(6)Section 143(1)Section 143(3)Section 14ASection 68

section 106 of the Indian Evidence Act and 68 of the IT Act will be that though apart from establishing the identity of the donor the assessee must establish the genuineness of the transaction as well as the creditworthiness of the donor. In view of this fact, through the appellant is able to establish the identity of the donor

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHIVAJI BHAGWANRAO JADHAV,, PUNE

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

ITA 682/PUN/2015[2010-11]Status: DisposedITAT Pune25 Apr 2018AY 2010-11

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 680 To 682/Pun/2015 िनधा"रण वष" / Assessment Years : 2008-09 To 2010-11

For Appellant: Shri Kishor Phadke & Shri Vikas AgarwalFor Respondent: Shri Achal Sharma
Section 153A

capital gain declared by the applicant in the later year. 2. On the facts and circumstances of the case, the Ld. CIT(A) was not justified in deleting the addition made by the A.O. on account of income from let out properties without appreciating that municipal value does not represent the fair rent which a property can fetch

SHIVAJI BHAGWANRAO JADHAV,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

ITA 699/PUN/2015[2010-11]Status: DisposedITAT Pune25 Apr 2018AY 2010-11

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 680 To 682/Pun/2015 िनधा"रण वष" / Assessment Years : 2008-09 To 2010-11

For Appellant: Shri Kishor Phadke & Shri Vikas AgarwalFor Respondent: Shri Achal Sharma
Section 153A

capital gain declared by the applicant in the later year. 2. On the facts and circumstances of the case, the Ld. CIT(A) was not justified in deleting the addition made by the A.O. on account of income from let out properties without appreciating that municipal value does not represent the fair rent which a property can fetch

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHIVAJI BHAGWANRAO JADHAV,, PUNE

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

ITA 681/PUN/2015[2009-10]Status: DisposedITAT Pune25 Apr 2018AY 2009-10

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 680 To 682/Pun/2015 िनधा"रण वष" / Assessment Years : 2008-09 To 2010-11

For Appellant: Shri Kishor Phadke & Shri Vikas AgarwalFor Respondent: Shri Achal Sharma
Section 153A

capital gain declared by the applicant in the later year. 2. On the facts and circumstances of the case, the Ld. CIT(A) was not justified in deleting the addition made by the A.O. on account of income from let out properties without appreciating that municipal value does not represent the fair rent which a property can fetch

BHARAT KANTILAL CHANGEDE,PUNE vs. ITO WARD 6(3), PUNE

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

ITA 1902/PUN/2025[2012-13]Status: HeardITAT Pune13 Jan 2026AY 2012-13

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2012-13

For Appellant: Shri Suhas Bora, Sampada Ingale, CA and Riya Oswal, CAFor Respondent: Shri Basavaraj Hiremath, Addl.CIT
Section 133(6)Section 142(1)Section 143(2)Section 147Section 148Section 292BSection 54F

capital gain and also made addition of Rs.75,84,125/- being the difference between total fixed deposits declared by the assessee at Rs.25,68,457/- and information obtained from the bank u/s 133(6) of the Act at Rs.1,01,52,582/-. 4. Before the Ld. CIT(A) / NFAC the assessee, apart from challenging the addition on merit, challenged

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

ITA 2397/PUN/2017[2004-05]Status: DisposedITAT Pune03 Jun 2019AY 2004-05

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

For Appellant: Shri R.G. NaharFor Respondent: Shri Ashok Babu
Section 10(29)Section 143(3)Section 14ASection 154Section 263

capital gains he shall subject to the provisions of Chapter VI be entitled to set off of loss against his income, if any assessable for that assessment year under any other head. In section 72 it is provided that the assessee shall be eligible for claiming set off of carried forward losses other than speculation losses from the income

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

ITA 2396/PUN/2017[2003-04]Status: DisposedITAT Pune03 Jun 2019AY 2003-04

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

For Appellant: Shri R.G. NaharFor Respondent: Shri Ashok Babu
Section 10(29)Section 143(3)Section 14ASection 154Section 263

capital gains he shall subject to the provisions of Chapter VI be entitled to set off of loss against his income, if any assessable for that assessment year under any other head. In section 72 it is provided that the assessee shall be eligible for claiming set off of carried forward losses other than speculation losses from the income

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

ITA 2398/PUN/2017[2005-06]Status: DisposedITAT Pune03 Jun 2019AY 2005-06

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

For Appellant: Shri R.G. NaharFor Respondent: Shri Ashok Babu
Section 10(29)Section 143(3)Section 14ASection 154Section 263

capital gains he shall subject to the provisions of Chapter VI be entitled to set off of loss against his income, if any assessable for that assessment year under any other head. In section 72 it is provided that the assessee shall be eligible for claiming set off of carried forward losses other than speculation losses from the income

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

ITA 2399/PUN/2017[2006-07]Status: DisposedITAT Pune03 Jun 2019AY 2006-07

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

For Appellant: Shri R.G. NaharFor Respondent: Shri Ashok Babu
Section 10(29)Section 143(3)Section 14ASection 154Section 263

capital gains he shall subject to the provisions of Chapter VI be entitled to set off of loss against his income, if any assessable for that assessment year under any other head. In section 72 it is provided that the assessee shall be eligible for claiming set off of carried forward losses other than speculation losses from the income