SHRI TUSHAR JAGMOHAN KAMTHE,PUNE vs. ITO WARD 14(4), PUNE

In the result, appeal of the assessee is Partly Allowed

Bench: Shri S.S.Viswanethra Raviand Dr. Dipak P. Ripote. आयकरअपीलसं. / Ita No.56/Pun/2020 िनधा"रणवष" / Assessment Year : 2013-14 Shri Tushar Jagmohan Kamthe, The Income Tax Officer, Shop No.6, Shiv Complex, V Ward-14(4), Pune. Kondhwa, Pune – 411048. S Pan: Amepk 2042 C Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 28/10/2022 Date Of Pronouncement 01/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-9, Pune Dated 15.10.2019For The A.Y. 2013-14Under Section 250 Of The Income Tax Act, 1961(In Short “The Act”). The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In Circumstances Of The Case & In Law The Learned A.O. Erred In Not Treating The Land As Agriculture Land By Disregarding Appellant’S Contention & Thereby Further Erred In Denying Exemption Claimed U/S 54B For Sum Of Rs.55,46,892/-. Your Appellant Prays For Appropriate Relief.” 2. Brief Facts Of The Case Are That The Assessee Sold A Land Along His Family Members Admeasuring 80 H.75R Situated At Yewlewadi, Tal.

capital gain which is not utilised by the assessee for the purchase of the new asset before the date of furnishing the return of income under section 139, shall be deposited by him before furnishing such return [such deposit being made in any case not later than the due date applicable in the case of the assessee for furnishing

ASSISTANT COMMISISONER OF INCOME-TAX vs. SHRI SATISH DAMJI CHAUHAN,,

Accordingly, the impugned order is upheld and the appeal of Revenue is dismissed

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

section 2(14)(b)(ii) of IT Act, 1961. (3) On the facts and in the circumstances of the case, the CIT(appeals) has erred in deleting the addition on account of capital gain on sale of land as the total population of the area within the jurisdiction of Naya Raipur Development Authority was more than ten thousand

ASSISTANT COMMISISONER OF INCOME-TAX vs. SHRI DHARAMSI HIRJI CHAUHAN,,

Accordingly, the impugned order is upheld and the appeal of Revenue is dismissed

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

section 2(14)(b)(ii) of IT Act, 1961. (3) On the facts and in the circumstances of the case, the CIT(appeals) has erred in deleting the addition on account of capital gain on sale of land as the total population of the area within the jurisdiction of Naya Raipur Development Authority was more than ten thousand

ASSISTANT COMMISISONER OF INCOME-TAX vs. SHRI DAMJI HIRJI CHAUHAN,,

Accordingly, the impugned order is upheld and the appeal of Revenue is dismissed

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

section 2(14)(b)(ii) of IT Act, 1961. (3) On the facts and in the circumstances of the case, the CIT(appeals) has erred in deleting the addition on account of capital gain on sale of land as the total population of the area within the jurisdiction of Naya Raipur Development Authority was more than ten thousand

SANJAY AMRUTRAO SATAV (HUF),PUNE vs. INCOME-TAX OFFICER, WARD 12(4), PUNE

In the result, the appeal filed by the assesses stands allowed

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.200/Pun/2021 िनधा"रण वष" / Assessment Year: 2016-17 Sanjay Amrutrao Satav Vs. Ito, Ward- 12(4), Pune. (Huf), Amrut Palace Bungalow, Gat No.12 Bhavadi Road Wagholi, Near Bhairavnath Mandir, Taluka Haveli, Pune- 412207. Pan : Aayhs1085F Appellant Respondent Assessee By : Smt. Pooja Rander Revenue By : Shri Sardar Singh Meena Date Of Hearing : 29.06.2022 Date Of Pronouncement : 30.06.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Pr. Commissioner Of Income Tax- 4, Pune [‘The Pr.Cit’] Dated 31.03.2021 Passed U/S 263 Of The Income Tax Act, 1961 For The Assessment Year 2016-17. 2. The Appellant Raised The Following Grounds Of Appeal :-

capital gains and details of investments in purchase of new agricultural land along with copies of purchase deed and the reinvestment had been made within the prescribed time lime u/s 54B of the Act. The copies of the relevant 7/12 extract of the land was filed showing that the land was used for agricultural purpose more than the immediately preceding

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

capital loss despite transaction is not falling under section 94 (7) of the act holding it to be sham and fictitious transaction is devoid of any merit. Accordingly on the merits also, orders of the lower authorities are reversed and ground number 4 – 7 of the appeal are allowed.” 20. We find Jaipur Bench of the Tribunal in the case

SURJITSINGH SEVAKSINGH BAGGA,PUNE vs. INCOME-TAX OFFICER, WARD - 6(1),, PUNE

In the result, the appeal of the assessee is allowed

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

282/-. Aggrieved by the order of AO, assessee carried the matter before Ld.CIT(A), who dismissed the appeal of assessee. Aggrieved by the order of Ld.CIT(A), assessee is now before us. 5. Before us, Ld.A.R. reiterated the submissions made before AO and Ld.CIT(A) and further submitted that assessee has not furnished any inaccurate particulars which is incorrect

RAMESHWARDAS SHIVCHARANDAS AND COMPANY ,NANDED vs. ITO WARD 1, JALNA

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.524/Pun/2025 Assessment Year : 2015-16

capital gain from sale of said land. 3. Aggrieved assessee preferred appeal before ld.CIT(A) placing various legal issues but on account of non-compliance ld.CIT(A) passed an exparte order and confirmed the addition made by AO without passing a speaking order. 4. Now the assessee is in appeal before this Tribunal raising the following grounds of appeal

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

In the result, the appeal of the assessee is allowed

gain on conversion of\nland. Ld. AO assessed the income at Rs.3,96,34,320/-.\nThe\nassessee thereafter challenged the validity of notice issued\nu/s.143(2) of the Act as well as the validity of the assessment\nproceedings before the ld.CIT(A) making following submissions :\n\"2. APPELLANT ADDRESS:\n301 Kamala Residency, CTS NO 1050 MODEL COLONY PUNE 411016.\nThe

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 :

sections 11 and 12.”Unquote. 10 Pune Mathadi Hamal and Other Manual Workers Board [A] 4.7 The above decision of the Hon’ble Supreme Court was followed by the Hon’ble Bombay High Court, Hon’ble Punjab & Haryana High Court and Hon’ble Karnataka High Court. 4.8 The Hon’ble Bombay High Court in the case of PCIT Vs. Quest

INCOME-TAX OFFICER, WARD – 3, SATARA vs. M/S. SHRI BHAIRAVNATH MULTISTATE COOPERATIVE CREDIT SOCIETY LIMITED, SATARA

In the result, the appeal of the Revenue stands dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

282. 4. That before the Ld. CIT(Appeals), the Ld. AR submitted that the impugned grounds and legal issues are identical with those involved in the assessee’s appeal for A.Y.2014-15. Thereafter, the Ld. AR of the assessee has placed following arguments: “The undisputed fact in the present case is that the assessee is a Co- operative Credit Society engaged

BVG INDIA LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), PUNE, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

282 (a) of the Act of 1961, which provides that notice or other documents to be issued for the purpose of the Act of 1961 by any income-tax authority shall be deemed to be authenticated if name and designation is provided. In approval under Section 151 of the Act of 1961, name, designation and office is printed. Hence, submission

MRS. PURNIMA PATNI,PUNE vs. INCOME TAX OFFICER WARD-3(4), JAIPUR

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No’S.234 & 235/Jpr/2018 िनधा"रणवष" / Assessment Years : 2009-10 Mrs. Purnima Patni, The Ito, Ward-3(4), Jaipur. Plot No.604A, Akashganga Vs Society, Rahetani, Pimple . Soudagar, Pune – 411017. Pan: Adupp 9192 P Appellant/ Assessee Respondent /Revenue Assessee By Shri Hari Krishan – Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 12/08/2022 Date Of Pronouncement 29/08/2022 आदेश/ Order Per S.S.Godara, Jm: 1. These Assessee’S Twin Appeals For Assessment Year 2009-10 Arise Against The Cit(A)-1, Jaipur’S Separate Orders; Both Dated 09.11.2017, Passed In Case No.S:92/2013-14 & 189/2013-14 Involving Proceedings Under Section 144 & 271(1)(C) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

section 144 assessment dated 26.12.2011 as upheld in the CIT(A)’s order reading as follows: “(iv) The relevant extract of rejoinder of the AR to the remand report of the AO is reproduced as under: The appellant had deposited a sum of Rs.23,24,000 in her bank account in cash as detailed below

MRS. PURNIMA PATNI,PUNE vs. INCOME TAX OFFICER WARD-3(4), JAIPUR

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No’S.234 & 235/Jpr/2018 िनधा"रणवष" / Assessment Years : 2009-10 Mrs. Purnima Patni, The Ito, Ward-3(4), Jaipur. Plot No.604A, Akashganga Vs Society, Rahetani, Pimple . Soudagar, Pune – 411017. Pan: Adupp 9192 P Appellant/ Assessee Respondent /Revenue Assessee By Shri Hari Krishan – Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 12/08/2022 Date Of Pronouncement 29/08/2022 आदेश/ Order Per S.S.Godara, Jm: 1. These Assessee’S Twin Appeals For Assessment Year 2009-10 Arise Against The Cit(A)-1, Jaipur’S Separate Orders; Both Dated 09.11.2017, Passed In Case No.S:92/2013-14 & 189/2013-14 Involving Proceedings Under Section 144 & 271(1)(C) Of The Income Tax Act, 1961 (In Short “The Act”), Respectively.

section 144 assessment dated 26.12.2011 as upheld in the CIT(A)’s order reading as follows: “(iv) The relevant extract of rejoinder of the AR to the remand report of the AO is reproduced as under: The appellant had deposited a sum of Rs.23,24,000 in her bank account in cash as detailed below

RAJA BASHUMIYA MANIYAR,LATUR vs. ITO, WARD-1, LATUR, LATUR

In the result, appeal of the assessee is Allowed

Section 147 Proviso, after the expiry of Four(04)\nYears from the end of the assessment year, re-assessment can be\ndone only if Income has escaped assessment by reason of failure on\nthe part of the assessee to disclose fully and truly all material facts.\n4.3 In this case, there is a finding in the Assessment Order\nu/s.143

SULOCHANA LAXMIKANT BHALE,PUNE vs. ITO, WARD-1(1), AURANGABAD

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

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.1594/Pun/2024 "नधा"रण वष" / Assessment Year : 2012-13

capital gain arising out of sale of property. 3. Being aggrieved by the above assessment order, an appeal was filed before the NFAC, who vide impugned order confirmed the action of the Assessing Officer. 4. Being aggrieved, the appellant society is in appeal before this Tribunal in the present appeal. 5. I heard the rival submissions and perused the material

SHRI RAJESH KRISHNAKUMAR GOYAL,PUNE vs. ADDL. CIT, PUNE

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

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.1582/Pun/2013 नििाारण वषा / Assessment Year : 2008-09 Shri Rajesh Krishnakumar Goyal, A-102, Icc Trade Towers, Senapati Bapat Road, Pune-411 016. Pan : Aelpg9647L .......अऩीऱाथी / Appellant बिाम / V/S.

capital gains as well as business income. The aforesaid principle has also been accepted by the CBDT in its Circular No.4 of 2007 (supra). Be that as it may, in the present case, the assertions of the assessee before the lower authorities as well as before us have been that the investment made in the purchase of agricultural land

BHANDARI ASSOCIATES,PUNE vs. PR. COMMISSIONER OF INCOME TAX 2, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

gain calculation and copy of deed.” 23. We find the assessee in response to the said notice has submitted various details, copy of which is placed at page 374 of the paper book. We find as per para 1 of the said letter the assessee has enclosed the following details: “1. Details of person from whom unsecured loan taken during