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17 results for “capital gains”+ Section 46Aclear

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Key Topics

Section 143(2)10Addition to Income10Section 1488Section 1477Capital Gains7Section 1326Section 1316Search & Seizure6Section 1395Section 153A

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

ITA 814/PUN/2018[2014-15]Status: DisposedITAT Pune28 Nov 2025AY 2014-15
Section 10(38)Section 133ASection 142(1)Section 143(2)Section 144A

capital gain, as long term\ncapital gain is exempt under section 10(38) of the Act.\nThe Principal CIT (A) and the Tribunal found that the\nSEBI report based on which the Assessing Officer had\nmade additions was an interim report and in the final\nreport there was no adverse finding. The SEBI in the\nfinal report had not made

ITO, NASHIK vs. ANKIT NARESH TULSIAN, NASHIK

In the result, appeal of the Revenue is dismissed

ITA 2233/PUN/2024[2014]Status: Disposed
5
Section 2505
Long Term Capital Gains5
ITAT Pune
28 Nov 2025
For Appellant: Shri Pramod S Shingte, CAFor Respondent: Shri Uodol Raj Singh, DR
Section 10(38)Section 115BSection 131Section 132Section 133ASection 144Section 147Section 148Section 250Section 69A

capital gain is exempt under\nsection 10(38) of the Act.\n3.4 The Principal CIT (A) and the Tribunal found that the SEBI\nreport based on which the Assessing Officer had made\nadditions was an interim report and in the final report there\nwas no adverse finding. The SEBI in the f inal report had not\nmade any adverse findings

INCOME TAX OFFICER, WARD - 3(1), PUNE, PUNE vs. SACHIN GOVIND APTE, PUNE

Accordingly, Grounds of appeal raised by the Revenue are dismissed

ITA 1720/PUN/2025[2013-14]Status: DisposedITAT Pune03 Feb 2026AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1720/Pun/2025 निर्धारण वषा / Assessment Years: 2013-14 The Income Tax Officer, V Sachin Govind Apte, Ward-3(1), Pune. S. 759-63, Prabhat Road, Erandwana, Pune – 411004. Pan: Aavpa9458P Appellant/ Revenue Respondent /Assessee Assessee By Ms.Vaishnavi Badwe Revenue By Shri Amit Bobde - Cit(Dr) Date Of Hearing 16/12/2025 Date Of Pronouncement 03/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2013-14 Dated 15.05.2025 Emanating From The Assessment Order Passed Under Section 143(3) Of The Act, Dated 30.03.2016. The Revenue Has Raised The Following Grounds Of Appeal : “1. Whether On The Facts & Circumstances Of The Case & In Law The Hon'Ble Cit (A) Was Justified In Deleting The Addition Of Rs.78,72,000/- Made Under Head Stcg & Disallowance Of Deduction U/S 54F Of The It. Act, 1961? 2. Whether On The Facts & Circumstances Of The Case & In Law The Hon‟Ble Cti (A) Was Justified In Deleting The Addition Of Rs.1,20,00,000/- Made On Account Of Deemed Dividend U/S Section 2(22)(E) Of The I.T. Act, 1961?

Section 143(3)Section 2(22)(e)Section 250Section 54F

Section 2(29A) of the Income Tax Act. Hence the sale of impugned plot gives rise to Long Term Capital Gain. The AO had disallowed Assessee’s Claim for 54F deduction only on the ground that it was not Long-Term Capital Gain. Since now we have held that sale of impugned plot give rise to Long Term Capital Gain

HAMAJA MOHAMMED MALPEKAR,RATNAGIRI vs. INCOME TAX OFFICER, RATNAGIRI WARD, RATNAGIRI

ITA 264/PUN/2024[AY 2016-17]Status: DisposedITAT Pune27 Nov 2024

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 14ASection 194C

capital gains as claimed by the appellant. 2. On the facts and circumstances of the case and in law the Ld. CIT(A), NFAC, erred in confirming the addition made by the AO of Rs. 2,00,000/- u/s 68 10 ITA Nos.264 & 23/PUN/2024, AY 2016-17 being loan taken by the appellant from his son Mr. Hanif M. Malpekar

ASSISTANT COMMISSIONER OF INCOME TAX, CIRLE 1, KOLHAPUR, KOLHAPUR vs. HAMAJA MOHAMMED MALPEKAR, MAHARASHTRA

ITA 23/PUN/2024[2016-17]Status: DisposedITAT Pune27 Nov 2024AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 14ASection 194C

capital gains as claimed by the appellant. 2. On the facts and circumstances of the case and in law the Ld. CIT(A), NFAC, erred in confirming the addition made by the AO of Rs. 2,00,000/- u/s 68 10 ITA Nos.264 & 23/PUN/2024, AY 2016-17 being loan taken by the appellant from his son Mr. Hanif M. Malpekar

LAXMAN BHAU PAWALE,AT POST PIRANGUT MUKAIWADI PUNE vs. ITO WARD 2.4 RANGE CODE 53, PUNE SWARGET

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

ITA 1541/PUN/2025[2015-16]Status: DisposedITAT Pune12 Dec 2025AY 2015-16

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2015-16 Laxman Bhau Pawale Ito, Ward 2.4, Range At Post Mukaiwadi Code 53, Pune Vs. Pirangut Taluka Mulshi, Pune – 412115 Pan: Bzlpp3421M (Appellant) (Respondent) Assessee By : Shri Dinesh Sudam Kudale Department By : Shri Rajesh Gawali, Addl.Cit Date Of Hearing : 10-12-2025 Date Of Pronouncement : 12-12-2025 O R D E R Per R.K. Panda, Vp:

For Appellant: Shri Dinesh Sudam KudaleFor Respondent: Shri Rajesh Gawali, Addl.CIT
Section 142(1)Section 144Section 147Section 148

gain. Since the assessee has not complied to the various statutory notices issued by the Assessing Officer, the Ld. CIT(A) / NFAC rejected the various evidences filed before him in shape of 4 additional evidence in absence of any application made under Rule 46A and thereby sustained the addition made by the Assessing Officer. It is the submission

DCIT-CIRCLE 7 PUNE, BODHI TOWER SALISBURY PARK PUNE vs. TRIO CHEMSUCROTECH ENG. PROJECTS PVT. LTD, PUNE

ITA 1047/PUN/2024[2010-11]Status: DisposedITAT Pune21 Feb 2025AY 2010-11
Section 143(3)

gains of business or profession\"\n2. 20. The following conditions should concur in order that a particular item of expenditure may be deductible under this section:\n• The expenditure should have been incurred in the accounting year\n• It should not be in the nature of personal nature\n• It should have been laid out or expended wholly and exclusively

DY. COMMISSIONER OF INCOME TAX CIRCLE-12, PUNE, PUNE vs. YANTRIK ENGINEERING PRIVATE LIMITED, PUNE

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

ITA 1283/PUN/2023[2020-21]Status: DisposedITAT Pune11 Dec 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1283/Pun/2023 Assessment Year : 2020-21

For Respondent: Appellant by Shri Amit Bobde
Section 143(2)Section 143(3)Section 36(1)(va)Section 37Section 37(1)(va)Section 43B

capital gain. 4. On the facts and circumstances of the case, the Ld. CIT(appeals) has erred in deleting the addition of ₹16603014 on account of Contractual Receipts, stating 4 Yantrik Engineering Private Limited that the same have been reported as a part of Sale, without appreciating the fact that the nature of these contractual receipts along with supporting documentary

SUSHILA SUDHAKAR PINGALE,PEN vs. ITO, WARD 3, PANVEL, PANVEL

ITA 869/PUN/2025[2013-14]Status: DisposedITAT Pune26 May 2025AY 2013-14

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.869/Pun/2025 िनधा"रण वष" / Assessment Year: 2013-14 Sushila Sudhakar Pingale, V The Income Tax Officer, Pezari, Poynad Alibag, S Ward-3, Panvel. Raigad – 402109. Maharashtra. Pan: Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Madhan Thirmanpallil – Addl.Cit(Dr) – Virtual Hearing. Date Of Hearing 15/05/2025 Date Of Pronouncement 26/05/2025

Section 144Section 148Section 250Section 48Section 54

section 250 of the Income Tax Act, 1961 dated 29.01.2025 for the A.Y.2013-14. The Assessee has raised the following grounds of appeal : “1. The Hon CIT(A) erred in declining the prayer of the appellant to admit additional evidences u/r 46A of IT Rules 1962 and refusing to admit the additional evidences furnished during appellate proceedings, ITA No.869/PUN/2025 [A] inspite

ACIT, CIRCLE-1, NASHIK, NASHIK vs. TAPARIA TOOLS LIMITED, NASHIK

In the result, both the appeal of the Revenue as well as Cross Objection of the assessee are allowed for statistical purposes as per the terms indicated above

ITA 1337/PUN/2025[2017-18]Status: DisposedITAT Pune10 Dec 2025AY 2017-18

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1337/Pun/2025 Assessment Year : 2017-18

For Appellant: Shri Amit BobdeFor Respondent: Shri Viral Shah
Section 142(1)Section 147Section 148Section 37(1)

sections 30 to 36 1 **and not being in the nature of capital expenditure or personal expenses of the assessee), laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head-Profits and gains of business or profession. (Addition

INCOME TAX OFFICE WARD 3(3) PUNE, PUNE vs. RAMESH MAGARAMJI MULEVA, PUNE

In the result, the appeal of Revenue is treated as allowed for statistical purposes

ITA 3120/PUN/2025[2018-19]Status: DisposedITAT Pune09 Feb 2026AY 2018-19

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

For Appellant: Shri Manish SomaniFor Respondent: Smt. Shraddha Nichal
Section 142(1)Section 143(2)Section 144BSection 147Section 148Section 251Section 69

capital gain‟ and (ii) Rs.1,86,00,000/- as unexplained investment u/s 69 of the Act, vide his order dated 10.03.2023 passed u/s 147 r.w.s. 144B of the Act. 3. Aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A)/NFAC challenging the above additions made by the Ld. AO. Before the Ld. CIT(A)/NFAC

RATNAGIRI.ITO1@INCOMETAX.GOV.IN, RATNAGIRI vs. MANGALA HARI INGALE, PUNE

In the result, appeal of the Revenue is Partly Allowed for Statistical Purpose

ITA 1056/PUN/2023[2018-19]Status: DisposedITAT Pune02 Apr 2024AY 2018-19

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1056/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 The Income Tax Officer-1, Mangala Hari Ingale, Ratnagiri. V G-1604, Empire Square, Near S Auto Cluster Chinchwad East, Pune City, Chinchwad East S.O., Pune – 411019. Pan: Aaipi0141G Appellant / Revenue Respondent / Assessee Assessee By None. Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 01/04/2024 Date Of Pronouncement 02/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 14.08.2023. The Revenue For A.Y.2018-19 Has Raised The Following Grounds Of Appeal : “I. The Ld.Cit(Appeals) Erred In Accepting The Self-Serving Documents Not Corroborated By Evidence & Which Had Not Stood The Test Of Enquiries In Assessment Proceedings. Ii. The Ld.Cit(Appeals) Erred In Not Allowing The Ao To Examine The Additional Evidence Admitted By Him As Per The Provisions U/S Mangala Hari Ingale [R]

Section 112Section 250Section 69

Capital Gain u/s 112 of the Act on sale of immovable property. v. On the facts and in the circumstances of the case and in law, the Ld. CIT(A), NFAC has erred in deleting the addition of Rs.68,85,826/- made on account of unexplained investment in immovable property u/s 69 of the Act. vi. The appellant prays that

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1703/PUN/2024[2020-21]Status: DisposedITAT Pune09 Jan 2025AY 2020-21

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

gains of business or profession". [Explanation.--For the removal of doubts, it is hereby declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1699/PUN/2024[2016-17]Status: DisposedITAT Pune09 Jan 2025AY 2016-17

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

gains of business or profession". [Explanation.--For the removal of doubts, it is hereby declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1700/PUN/2024[2017-18]Status: DisposedITAT Pune09 Jan 2025AY 2017-18

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

gains of business or profession". [Explanation.--For the removal of doubts, it is hereby declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1698/PUN/2024[2015-16]Status: DisposedITAT Pune09 Jan 2025AY 2015-16

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

gains of business or profession". [Explanation.--For the removal of doubts, it is hereby declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

ITA 1697/PUN/2024[2014-15]Status: DisposedITAT Pune09 Jan 2025AY 2014-15

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: CA Ritu Kamal KishoreFor Respondent: Shri Amol Khairnar, CIT-DR And Shri Ramnath P Murkunde
Section 131Section 132Section 139Section 143(2)Section 153A

gains of business or profession". [Explanation.--For the removal of doubts, it is hereby declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect