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19 results for “capital gains”+ Section 43Bclear

Sorted by relevance

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Key Topics

Section 271(1)(c)30Addition to Income10Section 143(3)9Section 2639Section 1327Section 132(4)7Business Income7Search & Seizure7Section 2506

JOSHI WADEWALE PRABHAT CINEMA,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeals in the case of Mrs

ITA 102/PUN/2016[2010-11]Status: DisposedITAT Pune27 Mar 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.95 & 96/Pun/2016 यििाारण वषा / Assessment Years : 2009-10 & 2010-11

For Appellant: S/Shri Nikhil Pathak /For Respondent: Shri Hitendra Ninawe
Section 250Section 271(1)(c)

capital gains account with bank not having been made by the assessee, tantamount to furnishing of inaccurate particulars of income and justifiably, penalty under section 271(1)(c) of the Act is leviable on such furnishing of inaccurate particulars of income. The learned Authorized Representative for the assessee in a written Note had furnished the break-up of income

MRS. VASUNDHARA SHAILESH JOSHI,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Penalty6
Undisclosed Income6
Section 32(2)4

In the result, appeals in the case of Mrs

ITA 95/PUN/2016[2009-10]Status: DisposedITAT Pune27 Mar 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.95 & 96/Pun/2016 यििाारण वषा / Assessment Years : 2009-10 & 2010-11

For Appellant: S/Shri Nikhil Pathak /For Respondent: Shri Hitendra Ninawe
Section 250Section 271(1)(c)

capital gains account with bank not having been made by the assessee, tantamount to furnishing of inaccurate particulars of income and justifiably, penalty under section 271(1)(c) of the Act is leviable on such furnishing of inaccurate particulars of income. The learned Authorized Representative for the assessee in a written Note had furnished the break-up of income

JOSHI WADEWALE SHEWALWADI,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeals in the case of Mrs

ITA 99/PUN/2016[2009-10]Status: DisposedITAT Pune27 Mar 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.95 & 96/Pun/2016 यििाारण वषा / Assessment Years : 2009-10 & 2010-11

For Appellant: S/Shri Nikhil Pathak /For Respondent: Shri Hitendra Ninawe
Section 250Section 271(1)(c)

capital gains account with bank not having been made by the assessee, tantamount to furnishing of inaccurate particulars of income and justifiably, penalty under section 271(1)(c) of the Act is leviable on such furnishing of inaccurate particulars of income. The learned Authorized Representative for the assessee in a written Note had furnished the break-up of income

MRS. VASUNDHARA SHAILESH JOSHI,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeals in the case of Mrs

ITA 96/PUN/2016[2010-11]Status: DisposedITAT Pune27 Mar 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.95 & 96/Pun/2016 यििाारण वषा / Assessment Years : 2009-10 & 2010-11

For Appellant: S/Shri Nikhil Pathak /For Respondent: Shri Hitendra Ninawe
Section 250Section 271(1)(c)

capital gains account with bank not having been made by the assessee, tantamount to furnishing of inaccurate particulars of income and justifiably, penalty under section 271(1)(c) of the Act is leviable on such furnishing of inaccurate particulars of income. The learned Authorized Representative for the assessee in a written Note had furnished the break-up of income

JOSHI WADEWALE HADAPSAR,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeals in the case of Mrs

ITA 105/PUN/2016[2010-11]Status: DisposedITAT Pune27 Mar 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.95 & 96/Pun/2016 यििाारण वषा / Assessment Years : 2009-10 & 2010-11

For Appellant: S/Shri Nikhil Pathak /For Respondent: Shri Hitendra Ninawe
Section 250Section 271(1)(c)

capital gains account with bank not having been made by the assessee, tantamount to furnishing of inaccurate particulars of income and justifiably, penalty under section 271(1)(c) of the Act is leviable on such furnishing of inaccurate particulars of income. The learned Authorized Representative for the assessee in a written Note had furnished the break-up of income

JOSHI WADEWALE SHEWALWADI,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeals in the case of Mrs

ITA 100/PUN/2016[2010-11]Status: DisposedITAT Pune27 Mar 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.95 & 96/Pun/2016 यििाारण वषा / Assessment Years : 2009-10 & 2010-11

For Appellant: S/Shri Nikhil Pathak /For Respondent: Shri Hitendra Ninawe
Section 250Section 271(1)(c)

capital gains account with bank not having been made by the assessee, tantamount to furnishing of inaccurate particulars of income and justifiably, penalty under section 271(1)(c) of the Act is leviable on such furnishing of inaccurate particulars of income. The learned Authorized Representative for the assessee in a written Note had furnished the break-up of income

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

ITA 1177/PUN/2015[2009-10]Status: DisposedITAT Pune26 Jun 2020AY 2009-10

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

For Appellant: Shri Dr. P. Daniel, AdvFor Respondent: Shri B. Kishore
Section 132Section 132(4)Section 143(3)

capital as well as reserves and surplus. And, hence, no disallowance of interest should be made u/s. 14A of the Act. The assessee also relied upon certain case laws in support of its contention. 4. The Assessing Officer, however, has held that it is not possible to verify that the investment has been made from own fund or from borrowed

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

ITA 1246/PUN/2015[2010-11]Status: DisposedITAT Pune26 Jun 2020AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

For Appellant: Shri Dr. P. Daniel, AdvFor Respondent: Shri B. Kishore
Section 132Section 132(4)Section 143(3)

capital as well as reserves and surplus. And, hence, no disallowance of interest should be made u/s. 14A of the Act. The assessee also relied upon certain case laws in support of its contention. 4. The Assessing Officer, however, has held that it is not possible to verify that the investment has been made from own fund or from borrowed

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

ITA 1179/PUN/2015[2011-12]Status: DisposedITAT Pune26 Jun 2020AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

For Appellant: Shri Dr. P. Daniel, AdvFor Respondent: Shri B. Kishore
Section 132Section 132(4)Section 143(3)

capital as well as reserves and surplus. And, hence, no disallowance of interest should be made u/s. 14A of the Act. The assessee also relied upon certain case laws in support of its contention. 4. The Assessing Officer, however, has held that it is not possible to verify that the investment has been made from own fund or from borrowed

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

ITA 1247/PUN/2015[2011-12]Status: DisposedITAT Pune26 Jun 2020AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

For Appellant: Shri Dr. P. Daniel, AdvFor Respondent: Shri B. Kishore
Section 132Section 132(4)Section 143(3)

capital as well as reserves and surplus. And, hence, no disallowance of interest should be made u/s. 14A of the Act. The assessee also relied upon certain case laws in support of its contention. 4. The Assessing Officer, however, has held that it is not possible to verify that the investment has been made from own fund or from borrowed

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

ITA 1178/PUN/2015[2010-11]Status: DisposedITAT Pune26 Jun 2020AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

For Appellant: Shri Dr. P. Daniel, AdvFor Respondent: Shri B. Kishore
Section 132Section 132(4)Section 143(3)

capital as well as reserves and surplus. And, hence, no disallowance of interest should be made u/s. 14A of the Act. The assessee also relied upon certain case laws in support of its contention. 4. The Assessing Officer, however, has held that it is not possible to verify that the investment has been made from own fund or from borrowed

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

ITA 1245/PUN/2015[2009-10]Status: DisposedITAT Pune26 Jun 2020AY 2009-10

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

For Appellant: Shri Dr. P. Daniel, AdvFor Respondent: Shri B. Kishore
Section 132Section 132(4)Section 143(3)

capital as well as reserves and surplus. And, hence, no disallowance of interest should be made u/s. 14A of the Act. The assessee also relied upon certain case laws in support of its contention. 4. The Assessing Officer, however, has held that it is not possible to verify that the investment has been made from own fund or from borrowed

ASSISTANT COMMISSIONER OF INCOME-TAX,, KOLHAPUR vs. VIJAYKUMAR RAJARAM SHAH,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

ITA 608/PUN/2016[2011-12]Status: DisposedITAT Pune26 Jun 2020AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

For Appellant: Shri Dr. P. Daniel, AdvFor Respondent: Shri B. Kishore
Section 132Section 132(4)Section 143(3)

capital as well as reserves and surplus. And, hence, no disallowance of interest should be made u/s. 14A of the Act. The assessee also relied upon certain case laws in support of its contention. 4. The Assessing Officer, however, has held that it is not possible to verify that the investment has been made from own fund or from borrowed

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -3, NASHIK vs. WINDSOR MACHINES LTD., MUMBAI

In the result, the appeal of Revenue is partly allowed

ITA 915/PUN/2022[2011-12]Status: DisposedITAT Pune20 Oct 2023AY 2011-12

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

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Ajay Kumar Kesari
Section 3Section 32(2)

gains of subsequent years without having 8 years of limit. Further, we note that the CIT(A) directed the AO to verify record and determine the correct allowable unabsorbed depreciation pertaining to A.Ys. 1997-98 to 2000-01, 5 ITA No. 915/PUN/2022, A.Y. 2011-12 to allow the same to be carried forward for set off with income

RAJUMAR PREMCHAND TULSANI,PUNE vs. PR COMMISSIONER OF INCOME-TAX -5, PUNE

In the result, appeal of the assessee is dismissed

ITA 136/PUN/2021[2015-16]Status: DisposedITAT Pune06 Jul 2023AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.136/Pun/2021 िनधा"रण वष" / Assessment Year : 2015-16 Rajkumar Premchand Tulsani, The Pr.Commissioner Of Sr.No.46/8, Bombay Pune V Income Tax-5, Pune. Road, Akurdi, Pune – 411038. S Pan: Aawpt 8002 B Assessee/ Appellant Respondent /Revenue Assessee By Shri M.K.Kulkaani – Ar/Advocate Revenue By Shri Sardar Singh Meena,Irs – Dr Commissioner Of Income Tax. Date Of Hearing 03/05/2023 Date Of Pronouncement 06/07/2023

Section 143(3)Section 263Section 37

Capital Gain” and business loss of Rs.41,11,249/-. The assessee’s case was selected for scrutiny. The assessment order was passed on 12.12.2017 accepting the returned income. The AO has not discussed any issue in the assessment order. The ld.Pr.CIT invoked the provisions of section 263. The ld.Pr.CIT has observed that the assessee has debited an amount of Rs.51

PROXIMA CREATIONS,PUNE vs. PCIT, PUNE-2, PUNE

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

ITA 1041/PUN/2024[2018-19]Status: DisposedITAT Pune03 Jun 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1041/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Proxima Creations, Vs. Pcit, Pune-2. Prop. -1, Business Centre, Level-1, Senapati Bapat Road, Pune- 411016. Pan : Aakfp9790Q Appellant Respondent Assessee By : None Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 08.04.2025 Date Of Pronouncement : 03.06.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2024 Passed By Ld. Pcit, Pune-2 [Ld. Pcit’] For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. Order Passed By The Ld. Principal Cit U/S 263 Is Not Tenable Either In Law Or In The Facts Of The Case As The Order Passed By The Ao U/S 144 Did Not Contain Any Error Which Was Prejudicial To The Interest Of Revenue. 2. Order Passed By The Additional Principal Cit U/S 263 Is Bad In Law Being Violative Of Principle Of Natural Justice. 3. The Ld. Principal Cit Has Erred In Holding That Two Different Sets Of Profit & Loss Accounts Were Prepared By The Assessee.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 144Section 263Section 45(4)

43B, addition u/s 68 r.w.s. section 115BBE of the IT Act on account of unproved loans and estimated addition on account of long-term capital gain

SUN INFRASTRUCTURES PRIVATE LIMITED,NASHIK vs. INCOME TAX OFFICER, WARD-2(1), NASHIK, NASHIK

In the result, the appeal of the assessee is dismissed

ITA 647/PUN/2023[2017-18]Status: DisposedITAT Pune15 Jun 2023AY 2017-18

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

For Appellant: N O N EFor Respondent: Shri M.G. Jasnani
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43B

43B of the Act and accordingly confirmed the order of AO. The ld. DR placed on record the decision of Hon’ble Supreme Court in the case of Checkmate Services P. Ltd. (supra) and submitted that the assessee is not entitled to claim deduction if the employee’s contribution is not paid within due dates of respective statutes. On careful

DEPUTY COMMISSIONER OF INCOME TAX vs. M/S. ALFA LAVAL INDIA LTD.,, PUNE

Appeal of the Revenue is partly allowed for statistical purposes

ITA 2638/PUN/2016[2011-12]Status: DisposedITAT Pune09 Jan 2019AY 2011-12

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

For Appellant: Shri Nikhil PathakFor Respondent: Smt. Nandita Kanchan
Section 14Section 41(1)Section 92C

capital receipt. However the learned Assessing officer has not accepted the above submission and offered the same to tax as revenue receipt u/s.41(1) /28(iv). 2.2. Section 41(1) of the Income Tax Act, 1961 reads as under: 8 A.Y.2011-12 “41(1)Where an allowance or deduction has been made in the assessment for any year in respect

DANA INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

In the result, the appeal is partly allowed

ITA 473/PUN/2018[2013-14]Status: DisposedITAT Pune25 Feb 2021AY 2013-14

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.473/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14

Section 143(3)Section 92C

gain as part of operating revenue. 14.1. The next issue raised by the assessee is that the transfer pricing adjustment should have been confined only to the international transactions and not the entity level transaction. 14.2. The case of the assessee, to which we accord our imprimatur, is that the transfer pricing adjustment ought to have been restricted