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9 results for “capital gains”+ Section 302clear

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Key Topics

Section 54F12Section 143(3)6Addition to Income6Section 545Deduction5Disallowance5Long Term Capital Gains4Capital Gains4Section 133(6)3

INCOME TAX OFFICER, PUNE vs. PRAKASH RAMKRISHNA POPHALE, PUNE

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

ITA 283/PUN/2024[2017-18]Status: DisposedITAT Pune25 Jun 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

For Appellant: Shri Prasad BhandariFor Respondent: Shri Sourabh Nayak, Addl.CIT
Section 133(6)Section 143(2)Section 54Section 54(1)

section 54 are as under: i) the asset transferred is a residential house; ii) the asset transferred is a long-term capital asset and hence there is a long term capital gain; iii) the asset has been transferred by an individual or a Hindu Undivided Family; iv) the assessee has purchased one residential house in India within one year before

Section 283
Section 145A3
Section 353

SHIVAJI RAMDAS SAKHARE,PUNE vs. INCOME-TAX OFFICER, WARD - 2(4), PUNE

Appeal is dismissed in above terms

ITA 1567/PUN/2017[2012-13]Status: DisposedITAT Pune27 Apr 2022AY 2012-13

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1567/Pun/2017 ननधधारण वषा / Assessment Year : 2012-13 Shivaji Ramdas Sakhare, Survey No.87/1/1(P), Sakhare Wasti, Hinjewadi, Mulshi, Pune- 412 106. .......अपऩलधथी / Appellant Pan : Awnps8232K बनधम / V/S. ……प्रत्यथी / Respondent Ito, 2(4), Pune Assessee By : None Revenue By : Shri S. P. Walimbe

For Appellant: NoneFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 54F

capital gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45: 4.2.1 On a plain reading of the aforesaid provision, it is clear that the deduction is available only when the assessee has either constructed or purchased new property being a residential house within the prescribed time

REXEL INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

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

ITA 981/PUN/2024[AY 2016-17]Status: DisposedITAT Pune05 May 2025
Section 32(1)Section 43(1)Section 43(6)

Gains\" and Section 47 of the Act specifically excludes transfer\nof capital assets, pursuant to a scheme of amalgamation, from the\npurview of Section 45 of the Act. Therefore, we are of the view that\nthese provisions have no relevance to the facts of the present case.\n26. The Revenue, vide its written submissions, has relied upon certain\njudicial pronouncements

ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. RENAISSANCE CULTIVATION LLP,, PUNE

In the result, the appeal filed by the Revenue stands dismissed

ITA 1416/PUN/2017[2013-14]Status: DisposedITAT Pune05 Apr 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1416/Pun/2017 िनधा"रण वष" / Assessment Year: 2013-14 Acit, Central Circle-2(1), Vs. M/S Renaissance Pune. Cultivation Llp, Pastakiya House, A/P Kamshet Maval, Pune- 410405 Pan : Aaofr7634K Appellant Respondent Revenue By : Shri J. P. Chadraker Assessee By Shri Neelesh Khandelwal : Date Of Hearing : 16.03.2022 Date Of Pronouncement : 05.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune [‘Cit(A)’ For Short] Dated 21.03.2017 For The Assessment Year 2013-14. 2. The Revenue Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Justified In Allowing The Appeal Of The Assessee Without Appreciating The Entire Facts Of The Case.

For Respondent: Shri J. P. Chadraker
Section 143(3)

gains arises on sale of land cannot be taxed under the head ‘business income’. 6. Being aggrieved by the decision of the ld. CIT(A), the Revenue is in appeal before us. 7. The ld. CIT-DR submitted that whether a particular land is agricultural or not is essential a question of fact which should be decided with reference

RAM LAXMANRAO MITKARI,LATUR vs. INCOME-TAX OFFICER, WARD -3, LATUR

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

ITA 574/PUN/2020[2013-14]Status: DisposedITAT Pune23 Nov 2022AY 2013-14

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Bharat ShahFor Respondent: Shri M.G. Jasnani
Section 143(3)Section 145ASection 28Section 56(2)(viii)

302 CTR 0458 (SC) has considered a similar issue and decided the same in favour of the assessee. It was then contended that since the judgment of the Hon’ble jurisdictional High Court was rendered prior to that of Hon’ble Supreme Court in Hari Singh and others (supra), the latter should be followed in preference to the former

SHRIJAY AGRO PVT. LTD. ,SATARA vs. ITO, WARD-2,SATARA, SATARA

The appeal of the assessee is allowed for statistical purposes

ITA 41/PUN/2025[2022-23]Status: DisposedITAT Pune05 Mar 2025AY 2022-23

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.41/Pun/2025 धििाारण वषा / Assessment Year: 2022-2023 Shrijay Agro Private Limited, Vs Ito, Ward-2, Plot No. 6, Uttekar Nagar, Satara Sardar Bazar, Satara-415001 Maharashtra Pan-Aancs1143E Appellant Respondent

For Appellant: Smt Deepa KhareFor Respondent: Shri Arvind Desai
Section 143(1)Section 143(3)Section 250Section 50C

capital gains from sale of land at Rs. 4,81,43,302/- as against Rs. 10089526/- as computed by the appellant. 3. The Id CIT(A) erred in law and on facts in confirming the action under the provisions of Section

PRAKASH RAGHUNATH MANJARKAR,,SATARA vs. DEPUTY COMMISSIONER OF INCOME-TAX, SATARA CIRCLE , , SATARA

In the result, the appeal of assessee is allowed

ITA 1990/PUN/2017[2013-14]Status: DisposedITAT Pune15 Jun 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri Kishor PhadkeFor Respondent: Shri M.G. Jasnani
Section 133(6)Section 139(1)Section 54F

capital gains on 30-09-2013. The Land record officer, Satara dismissed stay request of Mr. Balkrishna Manjarkar for the development work to be commenced at S. No. 87/A/10+11+12 on 21-11-2013. There were change of FSI rules. The Land record officer, Satara dismissed appeal filed by Mr. Balkrishna Manjarkar and others based on merits

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

In the result, the appeal filed by the Revenue stands dismissed

ITA 323/PUN/2021[2013-14]Status: DisposedITAT Pune15 Sept 2022AY 2013-14
For Appellant: Shri Percy PardiwallaFor Respondent: Shri J. P. Chadraker
Section 10ASection 14ASection 35Section 35(1)

capital expenditure and cannot be allowed as deduction. 29. On the other hand, ld. Sr. Counsel submits that the expenditure which does not qualify for weighted deduction can be allowed as revenue expenditure either under the provisions of section 35(1)(iv) or u/s 37(1) of the Act. He submits that this issue was covered by the decision

ARUN TULSIDAS KHARAT,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, PUNE, PUNE

In the result, appeal of the assessee is dismissed

ITA 1015/PUN/2023[2014-15]Status: DisposedITAT Pune12 Dec 2023AY 2014-15

Bench: Shri Ss Viswanethra Ravi & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1015/Pun/2023 िनधा"रण वष" / Assessment Year : 2014-15 Arun Tulshidas Kharat, The Deputy Shri Khandelwal Jain & V Commissioner Of Associates, Level 3, Riverside S Income Tax, Circle-7, Business Bay, Near Rto Pune. (Sangam Bridge), Wellesley Road, Pune – 411001. Pan: Afhpk6814Q Appellant / Assessee Respondent / Revenue Assessee By Shri Rajiv Thakkar – Ar Revenue By Shri A D Kulkarni, Irs – Dr Date Of Hearing 04/12/2023 Date Of Pronouncement 12/12/2023

Section 143(3)Section 250Section 57

Capital Gain(LTCG). Assessee had claimed deduction of Rs.2,67,85,735/- as Index Cost of Acquisition and Rs.37,18,767/- as Index Cost of Improvement. During the assessment proceedings, the Assessing Officer(AO) asked the assessee evidence for Cost of Improvement. Assessee filed bills, vouchers 37 in numbers. The AO observed that bill for Rs.4,47,339/- pertaining