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12 results for “capital gains”+ Section 23Aclear

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Key Topics

Section 1017Section 2(22)(e)13Section 143(3)10Section 43C10Addition to Income10Section 14A9Section 12A6Section 143(2)5Section 12A(1)(ac)5

MANOJ JAIKUMAR TIBREWALA,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1,, NASHIK

Accordingly. We make it clear that the assessee shall be at liberty to file all the relevant details in consequential proceedings. This last appeal ITA No. 609/Pun/2019 is allowed for statistical p...

ITA 609/PUN/2019[2014-15]Status: DisposedITAT Pune10 May 2022AY 2014-15

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteit(Ss)A Nos. 06 & 07/Pun/2017 (Assessment Years: 2012-13 & 2013-14) Shri Manoj Jaikumar Tibrewala Acit, Central Circle-1 Vastu Shilp, Ground Floor Kendriya Rajaswa Bhavan Godavari Housing Society Vs. Gadkari Chowk Boys Town School Road Old Agra Road, Nashik Nashik 422005 Pan – Aakpt7009G Appellant Respondent Appellant By: Shri Pamod S. Shingte Respondent By: Shri S.P. Walimbe Date Of Hearing: 25.04.2022 Date Of Pronouncement: 10.05.2022

For Appellant: Shri Pamod S. ShingteFor Respondent: Shri S.P. Walimbe
Section 143(3)Section 2(22)(e)

capital gains is not to wait for the end of the previous year. Similarly, there can be income from other sources also such as receipt of or dividend income or interest which may not have to wait for determination at the end of the year. Similarly, some subsidy may be received from the Government which may be taxable on receipt

Capital Gains4
Deemed Dividend3
Double Taxation/DTAA2

PRAFULLA SHANTILAL KOTHARI,,PUNE vs. INCOME-TAX OFFICER, WARD - 7 (3),, PUNE

In the result, the appeal of the assessee is allowed

ITA 913/PUN/2019[2012-13]Status: DisposedITAT Pune17 Oct 2019AY 2012-13

Bench: Shri Anil Chaturvedi

For Appellant: Shri Suhas Bora &For Respondent: Shri Vishwas Mundhe
Section 143(3)Section 50C

capital gains. The relevant observations of the Tribunal reads as under : “8. We find merit in the submission of Ld. A.R. The difference between the fair market value determined by the DVO and actual sale consideration is Rs.7,14,530/- i.e slightly more than 2 per cent of the sale consideration. The co-ordinate Bench of the Tribunal

ANIL MURLIDHAR DESHMUKH,,NASHIK vs. INCOME-TAX OFFICER, WARD - 3(2),, NASHIK

In the result, appeal of the assessee is dismissed

ITA 1821/PUN/2017[2013-14]Status: DisposedITAT Pune13 Dec 2018AY 2013-14

Bench: Shri R.S. Syal

For Appellant: Shri Sanket M. JoshiFor Respondent: Shri M.K. Verma
Section 50C

23A, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act. 15. Sub-section

M/S GOYAL DEVELOPRS,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE, PUNE

ITA 210/PUN/2024[2015-16]Status: DisposedITAT Pune01 May 2024AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.210/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 M/S.Goyal Developers, The Acit, 1, Business Embassy, V Circle-2, Pune. 1205/3/3, J.M.Road, S Shivajinagar, Pune – 411005. Pan: Aajfg5666P Appellant/ Revenue Respondent /Assessee Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 29/04/2024 Date Of Pronouncement 01/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2015-16 Dated 08.12.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld. Cit(A) Erred In Not Appreciating That There Was Marginal Difference Between The Sales Consideration Shown By The Appellant & The Value Adopted For Payment Of Stamp Duty & M/S.Goyal Developers [A]

Section 1Section 16ASection 2Section 23ASection 24Section 250Section 34ASection 35Section 37Section 43

23A, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth- tax Act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act. Explanation

VENKETESH ASSOCIATES,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, PUNE, PUNE

In the result, the appeal is allowed for statistical purpose

ITA 203/PUN/2024[2015-16]Status: DisposedITAT Pune06 May 2024AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.203/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Venketesh Associates, Vs. Dcit, Circle-7, Pune. S. No.50 2 Office No.1, Platinum Classic Building, Pune Nagar Road, Chanddan Nagar, Pune- 410014. Pan : Aajfv9490J Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri A. K. Mahala Date Of Hearing : 25.04.2024 Date Of Pronouncement : 06.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Making An Addition Of Rs.37,53,597/- By Invoking Provision Of Section 43Ca, On Account Of Difference

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri A. K. Mahala
Section 143(2)Section 143(3)Section 43C

gains from transfer of such asset, be deemed to be the full value of the consideration received or accruing as a result of such transfer: (2) The provisions of sub-section (2) and sub-section (3) of section 50C shall, so far as may be, apply in relation to determination of the value adopted or assessed or assessable under

VIJAY ARVIND RAYKAR,,PUNE vs. INCOME-TAX OFFICER, WARD - 6(2),, PUNE

In the result, the Ground No

ITA 3010/PUN/2017[2014-15]Status: DisposedITAT Pune22 Apr 2022AY 2014-15

Bench: Shri Satbeer Singh Godara, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.3010/Pun/2017 िनधा"रणवष" / Assessment Year : 2014-15 Vijay Arvind Raykar, The Income Tax Officer, Ward- S.No.33, Wadgaon(Bk), Vs 6(2), Pune. Singhagad Road, Haveli, Pune – 411041. Pan: Adqpr 1950 F Appellant/ Revenue Respondent/ Assessee Assessee By Shri Abhay A.Avchat– Ar Revenue By Shri S P Walimbe - Dr Date Of Hearing 19/04/2022 Date Of Pronouncement 22/04/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-4, Pune Dated 29.09.2017 For The Assessment Year 2014-15. The Assessee Raised The Following Grounds Of Appeal: “1. The Income Tax Officer, Ward 6(2), Pune, Has Erred In Disallowing An Amount To The Extent Of Rs. 94,526/- Under The Provisions Of Section 14A Of The Act Read With Rule 8D & The Commissioner Of Income Tax (Appeals)-4, Pune Has Erred In Confirming The Same. 2. There Is Error In Making Aggregate Addition Of Rs.27,30,900/- Under Section 43Ca Of The Act & Appropriate Relief Should Be Granted To The Assessee In Respect Thereof. 3. The Assessee Requests For Grant Of Appropriate Relief From Additions Made Under Section 14A & 43Ca Of The Income Tax Act, 1961. 4. The Order Of The Income Tax Officer, Ward 6(2), Pune, Under Section 143(3) Dated September 29, 2017 Is Bad In Law & Learned Commissioner Of Income Tax Officer (Appeals)-V, Pune Has Erred In Confirming The Same. 5. The Appellant Craves Leave To Add, Amend Or Alter Any Of The Grounds Of Appeal.”

Section 143(2)Section 143(3)Section 14ASection 43C

gains from ITA No.3010/PUN/2017 for A.Y. 2014-15 Shri Vijay Arvind Raykar(A) transfer of such asset, be deemed to be the full value of the consideration received or accruing as a result of such transfer. (2) The provisions of sub-section (2) and sub-section (3) of section 50C shall, so far as may be, apply in relation

DADASAHEB TIRODKAR SHAIKSHANIK ACADEMY,SINDHUDURG vs. ITOD EXEMPTION WARD, KOLHAPUR

In the result, appeal of the assessee is partly allowed

ITA 1016/PUN/2025[2017-18]Status: DisposedITAT Pune30 Jul 2025AY 2017-18
Section 10Section 10(21)Section 10(228)Section 10(24)Section 10(46)Section 10(47)Section 11Section 11(3)Section 13ASection 13B

23A)\n8c\nd\nExemption under section 10(23B)\n8d\ne\nExemption under section 10(23C) (iv)\n8e\nf\nExemption under section 10(23C)(v)\n8f\ng\nExemption under section 10(23C)(vi)\n8g\nh\nExemption under section 10(23C)(via)\n8h\n9\nAmount eligible for exemption under section 10(23C)(iiiab), 10(23C)(iliac), 10(23C)(iiiad), 10(23C)(iilae

ADITYA ARUNKUMAR PODDAR,PUNE vs. THE ACIT, CENTRAL CIRCLE-1(2), PUNE

In the result, the appeal filed by the assessee in ITA

ITA 2758/PUN/2024[2021-22]Status: DisposedITAT Pune10 Apr 2026AY 2021-22

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2757/Pun/2024 िनधा"रण वष" / Assessment Year : 2021-22 Ashwinikumar Ramkumar Vs. Acit, Central Circle-1(2), Poddar, Pune. Plot No.342, Sind Society, Baner Road, Aundh, Pune- 411007. Pan : Aarpp7606E Appellant Respondent आयकर अपील सं. / Ita No.2758/Pun/2024 िनधा"रण वष" / Assessment Year : 2021-22 Aditya Arunkumar Poddar, Vs. Acit, Central Circle-1(2), Plot No.130, Sind Society, Pune. Baner Road, Aundh, Pune- 411007. Pan : Ahspp3084G Appellant Respondent Assessee By : Shri Sarvesh Kandelwal Revenue By : Smt. Sonal L. Sonkavde Date Of Hearing : 02.02.2026 Date Of Pronouncement 10.04.2026 : आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Two Different Assessees Are Directed Against The Separate Orders Dated 28.10.2024 Passed By Ld. Cit(A), Pune-11 [‘Ld. Cit(A)’] For The Assessment Year 2021-22 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Two Different Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2757/Pun/2025 For Adjudication As The Lead Case.

For Appellant: Shri Sarvesh KandelwalFor Respondent: Smt. Sonal L. Sonkavde
Section 02Section 132Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 22

capital gains and income from other sources. Return of income was furnished u/s 139(1) of the IT act on 08.03.2022 declaring income of Rs.3,86,83,450/- and the same was processed by CPC u/s 143(1) of the IT Act on 11.04.2022. Subsequently, search & seizure action u/s 132 of the IT Act was conducted

ASHWINIKUMAR RAMKUMAR PODDAR,PUNE vs. THE ACIT, CENTRAL CIRCLE-1(2), PUNE

In the result, the appeal filed by the assessee in ITA

ITA 2757/PUN/2024[2021-22]Status: DisposedITAT Pune10 Apr 2026AY 2021-22

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2757/Pun/2024 िनधा"रण वष" / Assessment Year : 2021-22 Ashwinikumar Ramkumar Vs. Acit, Central Circle-1(2), Poddar, Pune. Plot No.342, Sind Society, Baner Road, Aundh, Pune- 411007. Pan : Aarpp7606E Appellant Respondent आयकर अपील सं. / Ita No.2758/Pun/2024 िनधा"रण वष" / Assessment Year : 2021-22 Aditya Arunkumar Poddar, Vs. Acit, Central Circle-1(2), Plot No.130, Sind Society, Pune. Baner Road, Aundh, Pune- 411007. Pan : Ahspp3084G Appellant Respondent Assessee By : Shri Sarvesh Kandelwal Revenue By : Smt. Sonal L. Sonkavde Date Of Hearing : 02.02.2026 Date Of Pronouncement 10.04.2026 : आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Two Different Assessees Are Directed Against The Separate Orders Dated 28.10.2024 Passed By Ld. Cit(A), Pune-11 [‘Ld. Cit(A)’] For The Assessment Year 2021-22 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Two Different Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2757/Pun/2025 For Adjudication As The Lead Case.

For Appellant: Shri Sarvesh KandelwalFor Respondent: Smt. Sonal L. Sonkavde
Section 02Section 132Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 2(22)(e)Section 22

capital gains and income from other sources. Return of income was furnished u/s 139(1) of the IT act on 08.03.2022 declaring income of Rs.3,86,83,450/- and the same was processed by CPC u/s 143(1) of the IT Act on 11.04.2022. Subsequently, search & seizure action u/s 132 of the IT Act was conducted

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

In the result, the appeal of the assessee is dismissed

ITA 611/PUN/2024[2016-17]Status: DisposedITAT Pune05 Aug 2024AY 2016-17

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

For Appellant: Shri Siddhesh ChauguleFor Respondent: Smt. Deepa Sanjay Hiray
Section 143(2)Section 143(3)Section 92C

gains derived or any amount received, Petitioner shall not be liable to pay income tax or any other tax in the relevant years. Therefore Petitioner was not liable to pay additional income tax under Section 115-O of the said Act. In the circumstances, Petitioner’s payments under protest need to be refunded to the Petitioner.” [Emphasized

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

ITA 868/PUN/2022[2015-16]Status: DisposedITAT Pune23 Dec 2024AY 2015-16

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-

Section 115Section 2(24)Section 250Section 3Section 4

gains derived or any amount received, Petitioner shall not be liable to pay income tax or any other tax in the relevant years. Therefore Petitioner was not liable to 14 pay additional income tax under Section 115-O of the said Act. In the circumstances, Petitioner’s payments under protest need to be refunded to the Petitioner.” [Emphasized

SINHAGAD TECHNICAL EDUCATION SOCIETY,PUNE vs. PCIT(CENTRAL), PUNE, PUNE

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

ITA 419/PUN/2025[-]Status: DisposedITAT Pune29 May 2025

Bench: Shri R. K. Panda & Shri Vinay Bhamoresinhagad Technical Education Society Pcit (Central), Pune Smt. Khilare Marg, Off Karve Road, Vs. Pune – 411004 Pan: Aabts9900Q (Appellant) (Respondent) Assessee By : Shri Suhas Bora & Miss Sampada Ingale Department By : Shri Ajay Kumar Keshari - Cit Date Of Hearing : 25-03-2025 Date Of Pronouncement : 29-05-2025 O R D E R

For Appellant: Shri Suhas Bora and Miss Sampada IngaleFor Respondent: Shri Ajay Kumar Keshari - CIT
Section 11Section 12ASection 12A(1)(ac)Section 132

gains of business which is not incidental to the attainment of its objectives or separate books of account are not maintained by such trust or institution in respect of the business which is incidental to the attainment of its objectives; or c) The trust or institution has applied any part of its income from the property held under a trust