M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

capital gain, if any, shall be determined in such manner as may be prescribed1.] 2 [Explanation.—For the purposes of this section, reduction of the amount of goodwill of a business or profession, from the block of asset in accordance with sub-item (B) of item (ii) of sub-clause (c) of clause (6) of section 43

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

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

43,810/-. Verification of case record of your revealed and your income from and capital gain and was allowed exemption of capital gain income under section 54E of the Act. For Rs.37,00,000/- invested in State Bank of India term deposit for 40 days up to 366 days i.e. for less than three years. As per provision quoted above

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

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

43,810/-. Verification of case record of your revealed and your income from and capital gain and was allowed exemption of capital gain income under section 54E of the Act. For Rs.37,00,000/- invested in State Bank of India term deposit for 40 days up to 366 days i.e. for less than three years. As per provision quoted above

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

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

43,810/-. Verification of case record of your revealed and your income from and capital gain and was allowed exemption of capital gain income under section 54E of the Act. For Rs.37,00,000/- invested in State Bank of India term deposit for 40 days up to 366 days i.e. for less than three years. As per provision quoted above

SATYAM TRANSFORMERS PRIVATE LIMITED,AURANGABAD vs. ITO WARD 2(3), AURANGABAD

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

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1239/Pun/2025 धििाारण वर्ा / Assessment Year : 2015-16 Satyam Transformers Private Limited, Ito, Ward-2(3), Sharadanand, Opposite Telephone Office, Aurangabad Ajabnagar, Aurangabad-431001 Vs. Pan : Aakcs4648D अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Shubham N. Rathi Department By : Shri Akhilesh Srivastva Date Of Hearing : 04-08-2025 Date Of 27-10-2025 Pronouncement : आदेश / Order

Capital Gain to the total income of Rs. Nil returned by the assessee. 4. Aggrieved, the assessee filed an appeal before the Ld. CIT(A)/NFAC who dismissed the appeal of the assessee on the ground that the assessee has requested for withdrawal of the appeal by observing as under : “6. Decision:- During the course of appellate proceedings, the appellant

DIMPLE ALNESH SOMJI,PUNE vs. ACIT, CENTRAL CIRCLE 1(3), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

6. Heard. The issue is as to whether the Id. CIT(A) has correctly confirmed the addition of Rs.64,98,638/, made by invoking the provisions of clause (e) of the first proviso to section 43(5) of the 1.T. Act. 7. Section 43(5) and clause (e) of the first proviso thereto, as applicable to Assessment Year

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

6) were issued by the ITO (I & CI) Kolhapur. In these replied the\nclaimed donors denied having made as donations to the assessee\ntrust. The assessee could not provide any answer to the above\nquery. No satisfactory explanation was given by the assessee.\n06. The evidences collected during the course of survey action\nestablish the following facts.\n16\nITA Nos.1121

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

6) were issued by the ITO (I & CI) Kolhapur. In these replied the\nclaimed donors denied having made as donations to the assessee\ntrust. The assessee could not provide any answer to the above\nquery. No satisfactory explanation was given by the assessee.\n06. The evidences collected during the course of survey action\nestablish the following facts.\na) 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

6) were issued by the ITO (I & CI) Kolhapur. In these replied the\nclaimed donors denied having made as donations to the assessee\ntrust. The assessee could not provide any answer to the above\nquery. No satisfactory explanation was given by the assessee.\n06. The evidences collected during the course of survey action\nestablish the following facts.\na) The assessee

VYANKATRAO PANDURANG PATIL,LATUR vs. DY COMMISSIONER OF INCOME TAX CIRCLE LATUR, LATUR

In the result, appeal of the Assessee is allowed for statistical purpose

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1386/Pun/2024 निर्धारण वषा / Assessment Year: 2016-17 Vyankatrao Pandurang Patil, V Dy.Commissioner Of Mauli Chembers, Above Mauli S. Income Tax, Circle, Jewellers, Yashwantrao Chavan Latur. Complex, Main Road, Latur. Maharashtra – 413512. Pan: Abjpp6387P Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte Revenue By Shri Aviyogi Ambadkar–Addl.Cit(Dr) Date Of Hearing 09/09/2025 Date Of Pronouncement 14/11/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2016-17, Dated 23.04.2024 Emanating From Assessment Order U/S.143(3) Of The I.T.Act, Dated 28.12.2018. The Assessee Has Raised Following Grounds Of Appeal :

section 50C for the Rs.2,15,00,000 purpose of capital gain Less: Cost of acquisition with indexation Rs.1,43,28,142 (11292856*108/852) Long Term Capital Gain Chargable Rs.71,71,858 6

DY. COMMISSIONER OF INCOME TAX , CIRCLE-8, PUNE, PUNE vs. ADVIK HI-TECH PRIVATE LIMITED , PUNE

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

capital cost, which is the basis for determining the subsidy, being only a measure adopted under the scheme to quantify the financial aid, is not a payment, directly or indirectly, to meet any portion of the “actual cost” as defined under the provisions of section 43(1) of the Act. Similarly, the 11 ITA.No.1156, 1157 & 1203/PUN./2023

ADVIK HI TECH PVT LTD,PUNE vs. DY.COMM.OF INCOME TAX, CIRCLE 8, PUNE, AKURDI PUNE

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

capital cost, which is the basis for determining the subsidy, being only a measure adopted under the scheme to quantify the financial aid, is not a payment, directly or indirectly, to meet any portion of the “actual cost” as defined under the provisions of section 43(1) of the Act. Similarly, the 11 ITA.No.1156, 1157 & 1203/PUN./2023

ADVIK HI TECH PVT LTD,CHAKAN PUNE vs. DY.COMM. OF INCOME TAX, CIRCLE 8, PUNE, AKURDI, PUNE

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

capital cost, which is the basis for determining the subsidy, being only a measure adopted under the scheme to quantify the financial aid, is not a payment, directly or indirectly, to meet any portion of the “actual cost” as defined under the provisions of section 43(1) of the Act. Similarly, the 11 ITA.No.1156, 1157 & 1203/PUN./2023

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

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

6 raised by the assessee are accordingly allowed. 28. In grounds of appeal No.7 and 8 the assessee has challenged the order of the Ld. CIT(A) in confirming the addition of Rs.37,64,246/- by enhancing the capital gain. 29. Facts of the case, in brief, are that during the course of search proceedings an excel sheet consisting

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, NASHIK, NASHIK vs. MADANLAL LALCHAND JAIN, NANDURBAR

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

6 raised by the assessee are accordingly allowed. 28. In grounds of appeal No.7 and 8 the assessee has challenged the order of the Ld. CIT(A) in confirming the addition of Rs.37,64,246/- by enhancing the capital gain. 29. Facts of the case, in brief, are that during the course of search proceedings an excel sheet consisting

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

6 raised by the assessee are accordingly allowed. 28. In grounds of appeal No.7 and 8 the assessee has challenged the order of the Ld. CIT(A) in confirming the addition of Rs.37,64,246/- by enhancing the capital gain. 29. Facts of the case, in brief, are that during the course of search proceedings an excel sheet consisting

BHAVIK JAYESH THAKKAR,,NASHIK vs. INCOME-TAX OFFICER, WARD - 2(4),, NASHIK

Appeals of the assessee are DISMISSED

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 809/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Jayesh Vallabh Thakkar, 7, The Acit, Circle-2, Chopda Estate, Kalanagar, Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Aakpt6870D Road, Nashik. (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 810/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Mr. Bhavik Jayesh Thakkar, 7, The Ito, Ward-2 (4), Neelkanth, Behind Kalanagar, Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Agcpt7925M (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 811/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Smt. Jayshree J. Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Gangapur Road, Gadkari Chowk, Old Agra Nashik–422 022 Maharashtra. Road, Nashik. Pan Aakpt6871D (Appellant) (Respondent) आयकर अपऩल सं. / Ita No. 812/Pun/2018 निर्धारण वर्ा / Assessment Year : 2014-15 Ku. Anisha Jayesh Thakkar, The Ito, Ward-2 (4), 7, Chopda Estate, Kalanagar Vs Kendriya Rajaswa Bhavan, Nashik–422 022 Maharashtra. Gadkari Chowk, Old Agra Pan Afzpt1110Q Road, Nashik. (Appellant) (Respondent)

capital gain as taxable and the Commissioner of Income Tax (Appeals)-2, Nashik has erred in confirming the same. 3. The learned Income Tax Officer, Ward 2(4), Nashik, has erred in making addition of Rs.3,41,28,933/- under section 69 of the Act and the Commissioner of Income Tax(Appeals)-2, Nashik, Nashik has erred in confirming