M/S. SUNNYGOLD WINERIES PRIVATE LTD.,,PUNE vs. JOINT COMMISSIONER OF INCOME-TAX,,

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.703/Pun/2015 "नधा"रण वष" / Assessment Year : 2010-11

section 2(47)(v) r.w.s. 45 of the Act are met and transfer is completed. He also relied on the decision of Hon'ble Bombay High Court in the case of Chaturbhuj Dwarkadas Kapadia Vs. CIT, reported as 260 ITR 491 wherein it has been held that capital gain

MR POPATRAO DASHRATHRAO SURYAWANSHI,PUNE vs. INCOME TAX OFFICER, WARD-7(4), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 Mr. Popatrao Dashrathrao Suryawanshi Ito, Ward 7(4), Pune S.No.38, Tingre Nagar, Havaldar Mala, Vs. Vishrantwadi, Pune – 411015 Pan: Adhps2643F (Appellant) (Respondent) Assessee By : Shri Suhas Bora Department By : Shri Manish Mehta, Addl.Cit Date Of Hearing : 19-01-2026 Date Of Pronouncement : 21-01-2026 O R D E R

section 54B of the Income Tax Act 1961 against the capital gain on transfer of land. 3. On facts and circumstances of the case and in law, the learned AO and the CIT (Appeals) have erred in considering year of transfer of capital asset and charging it to tax in the Assessment Year 2017-18. 4. The learned CIT (Appeals

DINESHKUMAR RAMCHANDRA TULSYAN (HUF),,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(5),, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15 Dineshkumar Ramchandra Tulsyan (Huf) Ito, Ward 1(5), 214B, Laxmi Niwas, Mahatma Nagar, Vs. Nashik Nashik – 422007 Pan: Aachd5953R (Appellant) (Respondent) Assessment Year : 2014-15 Smt. Sumandevi Dineshkumar Tulsyan Ito, Ward 1(5), 214B, Laxmi Niwas, Mahatma Nagar, Vs. Nashik Nashik – 422007 Pan: Ackpt1322Q (Appellant) (Respondent)

260/- after claiming an amount of Rs.1,00,97,902/- as exempt income u/s 10(38) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) being the long term capital gain on sale of listed shares on which STT was paid. The case was selected for scrutiny through CASS. Accordingly, statutory notice

SMT. SUMANDEVI DINESHKUMAR TULSYAN,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(5),, NASHIK

260/- after\nclaiming an amount of Rs.1,00,97,902/- as exempt income u/s 10(38) of the\nIncome Tax Act, 1961 (hereinafter referred to as 'the Act') being the long term\ncapital gain on sale of listed shares on which STT was paid. The case was selected\nfor scrutiny through CASS. Accordingly, statutory notice

RAMESH G PORWAL,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

gains, solely with the object of tax avoidance are affirmed and it is held that the 2 transactions in question are purely business transactions. In the chart furnished by the appellant at para 5.1 supra, it appears very obvious that the prices of the shares that were sold to M/s. Phoenix Warehousing Pvt. Ltd. were in fact, much below

NITTEN SHRIKANT CHOUGULE,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,, KOLHAPUR

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

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

260/-. The case was selected for scrutiny and thereafter assessment was framed u/s 143(3) of the Act vide order dt.26.03.2013 and the total income was determined at Rs.1,67,45,510/-. Aggrieved by the order of AO, assessee carried the matter before Ld.CIT(A), who vide order dt.23.02.2015 (in appeal No.KOP/182/2013-14) granted partial relief to the assessee. Aggrieved

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED, (EARLIER KNOWN AS IGATE GLOBAL SOLUTIONS LTD),,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal of Revenue is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

260/-, being 20% of profits ascribed to onsite software services not related to STP undertakings in India was reduced, which brought down the amount of revised deduction u/s.10A to Rs.47,44,88,710/-. The Ld. CIT(A) accepted the assessee’s claim and overturned the action of the AO on this point. 17. Having heard both sides and gone through

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD,, PUNE

In the result, the appeal of Revenue is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

260/-, being 20% of profits ascribed to onsite software services not related to STP undertakings in India was reduced, which brought down the amount of revised deduction u/s.10A to Rs.47,44,88,710/-. The Ld. CIT(A) accepted the assessee’s claim and overturned the action of the AO on this point. 17. Having heard both sides and gone through

AVINASH DATTATRAY MULEY,PUNE vs. PCIT, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

Gains required thorough examination by the AO. However, prima facie it is seen that the AO erroneously allowed the "Cost of Improvement" of Rs.1.88 crore (indexed) without conducting proper verification. The assessee claimed "Cost of Improvement" on the Capital Asset i.e. Land over a span of ten years (FY 2009-10 to FY 2019-20), although no substantial documentary evidence

DINAR UMESHKUMAR MORE,MALEGAON vs. ITO WARD 1, MALEGAON

In the result, appeal of the assessee is allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamore

260 ITR 491 (Bom) submitted that the transaction on the basis of which addition for long term capital gain has been made and accepted by the assessee for A.Y.2011-12 basically pertains to 3 Dinar Umeshkumar More A.Y.2003-04 and if the calculation is made then there was no taxable income for A.Y.2003-04 from the said transaction and therefore no penalty should

CHANDRAKANT LAXMAN JADHAV,,PUNE vs. INCOME-TAX OFFICER,, PUNE

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

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm आयकर अपील सं. / Ita No. 1202/Pun/2017 िनधा"रणवष" / Assessment Year : 2007-08 Shri Chandrakant Laxman Jadhav, The A.C.I.T., A/P Mahalunge, Chakan Talegaon Vs Circle-10, Road, Tal, Khed, Pune-410501. Pune. Pan No. Acjpj 0442 Q Appellant/ Assessee Respondent /Revenue

capital gain of the assessee is computed as under: Sr. No. Particulars Amount 1 Full value of consideration 2,07,50,000/- 2. Deduction under section 48 iii) Cost of Acquisition after indexation 85,84,260

NATHA PANDIT RAUT,PUNE vs. DCIT, CIRCLE 2, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Natha Pandit Raut Dcit, Circle 2, Pune Office No.101, Global Port Pashankar Auto Complex, Off Mumbai Vs. Bangalore Highway, Baner, Pune - 411045 Pan: Aatpr6854L (Appellant) (Respondent)

section 14A of the Income-tax Act, 1961. He further noted that the assessee has declared Rs.4,01,10,000/- towards sale consideration received under LTCG and claimed indexation benefit totalling Rs.3,50,96,000/- and declared long term capital gain of Rs.59,14,000/- u/s 54. Since there was no response from the side of the assessee and this

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

LALCHAND NARAYAN BHAKT,JALNA vs. ITO WARD 2, JALNA

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

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2011-12

gains and taxing the same on a protective basis. 8 2. The addition made by the learned AO and partly confirmed by the CIT(A) NFAC Delhi to the tune of Rs.25,00,000/- being the 50% share of the amount of Rs.50,00,000/- received by the appellant during the year under consideration towards advance against the agreement

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

In the result, all the appeals of assessee are allowed

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

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

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

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

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

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

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

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