SHRI GURUDEV CHANDRASHEKHAR KARANTH,PUNE vs. INCOME TAX DEPARTMENT CIT(DRP-3), MUMBAI

In the result, Grounds Number 1 and 2 raised by the Assessee are allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.147/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Shri Gurudev Chandrashekhar V Income Tax Department Karanth, S. Cit(Drp-3), Mumbai-1. 21 Cozy Retreat, Sindh Colony, Aundh, Pune – 411007. Maharashtra. Pan: Cgnpk6203J Appellant/ Assessee Respondent / Revenue Assessee By Shri B.C.Malakar – Advocate Revenue By Shri Prakash L Pathade – Cit-Dr Date Of Hearing 04/03/2025 Date Of Pronouncement 02/06/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Under Section 147 R.W.S 144C(13) Of The Income Tax Act, 1961 Dated 23.12.2024 For The A.Y.2018-19, Emanating From The Order Of The Dispute Resolution Panel U/S.144C(5) Of The Act, Dated 20.12.2024. The Assessee Has Raised The Following Grounds Of Appeal :

50C and section 56. At present, while taxing income from capital gains (section 50C), business profits (section 43CA) and other

ASHOK SOMNATH SONAWANE,NASHIK vs. ITO WARD 2(1) NASHIK, NASHIK MAHARASHTRA

Bench: Shri Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.2154/Pun/2024 धििाारण वर्ा / Assessment Year : 2013-14 Ashok Somnath Sonawane, Ito, Ward-2(1), Nashik Tara Kutir Bunglow, Mahatma Nagar, Nashik-422005 Vs. Pan : Alops7734A अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Suhas Vadulekar (Virtual) Department By : Shri Ramnath P. Murkunde Date Of Hearing : 23-07-2025 Date Of 30-09-2025 Pronouncement : आदेश / Order

capital gains tax. Now once it is decided that the sold property is in the nature of land or building the attraction of section 50C

RAMSING HIMMATSING RAJPUT,NASHIK vs. ITO, WARD 2(1), NASHIK

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.601/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Ramsing Himmatsing Vs. Ito, Ward-2(1), Nashik. Rajput, Plot No.17, Usha Bunglow, Near Seven Heven Hotel, Behind Lotus House, Chetna Nagar, Nashik- 422009. Pan : Adrpr2780A Appellant Respondent Assessee By : Shri Sanket Joshi Revenue By : Shri Manoj Tripathi Date Of Hearing : 02.05.2024 Date Of Pronouncement : 16.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1] The Learned Cit(A) Erred In Confirming The Addition U/S 50C Of Rs. 14,25,000 By Taxing The Difference Between Govt. Valuation Of Rs.22,25,000 & Actual Sale Consideration Of Rs.8,00,000 Without Appreciating That The Impugned Land Located Near River Bank Was Vulnerable To Floods, It Was Situated Near Cremation

section 50C (2) and that the AO has erred in not considering cost of land sold while calculating short term capital gain

DIMPLE RAJESH OSWAL,PUNE vs. INCOME TAX OFFICER WARD 5(1), PUNE

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

Bench: Shri R. K. Pandaassessment Year : 2016-17

capital gains under Section 45 of the Act. From the aforesaid, it is apparently clear that the transfer of the property took place in the year 2001 when the provision of Section 50C

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 :

Capital Gain as under : Full value of consideration as per section 50C for the Rs.2,15,00,000 purpose of capital

ANIL SHRICHAND SADHWANI,NASHIK vs. ITO, WARD 2(1), NASHIK

Appeal is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2443/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 Anil Shrichand Sadhwani, V The Income Tax Officer, Chhatrapati Shivaji Hsg Soc, S Ward-2(1), Pune. Nashik Road, Jailroad, Nashik – 422101. Maharashtra. Pan: Annps1615D Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket M Joshi – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 23/04/2025 Date Of Pronouncement 20/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: Thisappeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250Of The Income Tax Act, 1961; Dated 23.09.2024 For Assessment Year 2015-16. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Ctt(A) Erred In Confirming The Addition U/S 50C Of Rs.6,15,600 By Taxing The Appellant'S Share In Difference Between Govt. Valuation Of Rs.2,52,31,000 & Actual Consideration Of Rs 2,40,00,000 Received On Sale Of Immovable Property As Income U/S 50C Without

section 50C vide Finance Act, 2020 is retrospective in nature. 2. Without prejudice to Ground No. 1, it is submitted that the learned CIT(A) erred in confirming the addition u/s 50C of Rs.6,15,600 without appreciating that the actual consideration received by the appellant was equivalent to the fair market value of the impugned property and the govt

DEPUTY COMMISSIONER OF INCOME TAX, AURANGABAD vs. ASHISH JUGALKISHOR BHALA, JALNA

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Dcit, Aurangabad Ashish Jugalkishor Bhala Mamta Hospital, Shivaji Putla Road, Vs. Bharat Nagar, Jalna – 431203 Maharashtra Pan: Ahmpb3683K (Appellant) (Respondent) Assessee By : Shri Anand Partani Department By : Shri Ramnath P Murkunde Date Of Hearing : 01-04-2025 Date Of Pronouncement : 16-06-2025 O R D E R

section 50C of the Income Tax Act, the capital gain is calculated by considering the WDV as per Income Tax Act. The reason

M/S GOYAL DEVELOPRS,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE, PUNE

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.210/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 M/S.Goyal Developers, The Acit, 1, Business Embassy, V Circle-2, Pune. 1205/3/3, J.M.Road, S Shivajinagar, Pune – 411005. Pan: Aajfg5666P Appellant/ Revenue Respondent /Assessee Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 29/04/2024 Date Of Pronouncement 01/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2015-16 Dated 08.12.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld. Cit(A) Erred In Not Appreciating That There Was Marginal Difference Between The Sales Consideration Shown By The Appellant & The Value Adopted For Payment Of Stamp Duty & M/S.Goyal Developers [A]

section 50C, is required to avoid miscarriage of justice. The Legislature did not intend that the capital gain should be fixed

MARUTI NIVRUTTI BHUJBAL,PUNE vs. ITO, WARD 14(1), PUNE, PUNE

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

Bench: Dr.Manish Borad

capital gain for 1/4th share of the assessee adopting the amount of sale consideration as per the provisions of section 50C

DINAR UMESHKUMAR MORE,MALEGAON vs. ITO WARD 1, MALEGAON

In the result, appeal of the assessee is allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamore

section 50C(1), the stamp value for the purpose of computation of capital gain at the time of sale in the year

MR. RAJESH ANIRUDHA PATIL,PUNE vs. DCIT, CIRCLE 7, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

section 50C for computing the income from long term capital gain on sale of land without appreciating that such an adjustment

MR DNYANESHWAR BABURAO KATHE,NASHIK vs. INCOME TAX OFFICER, WARD-1(3), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.432/Pun/2024 िनधा"रण वष" / Assessment Year: 2011-12 Mr. Dnyaneshwar Baburao Vs. Ito, Ward-1(3), Pune. Kathe, Janori Dhawa, 10Th Mail Road, Dindori, Nashik- 422206. Pan : Bbppk3199D Appellant Respondent Assessee By : Shri Krishna V. Gujarathi Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 13.08.2024 Date Of Pronouncement : 04.11.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 05.01.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2011-12. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) On The Facts & In The Circumstance Of The Case & In Law The Honorable Cit(A) Has Erred & Is Not Justified In Confirming The Addition Of Rs.31,58,740/- By Treating The Cash Deposits Made By The Assessee In The Saving Bank Account Of Dena Bank As Unexplained Income Without Appreciating The Fact That The Said Cash Deposited In The Bank Was Out Of Agriculture Sale Proceeds. The Appellant Prays That The Addition May Please Be Deleted.

Gain on sale of land without appreciating the fact that • the land under consideration is agriculture land which is not a Capital Asset and is exempt from tax. • the land under consideration is agriculture land and is not a capital asset and therefore the provision of section 50C

M/S WATERFRONT HOUSING & HOSPITALITY PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-12(2), PUNE, PUNE

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

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.1100/Pun/2023 िनधा"रण वष" / Assessment Year : 2015-16 M/S. Waterfront Housing & Vs. Ito, Ward-12(2), Pune. Hospitality Pvt. Ltd., 3Rd Floor, Rajyog Creations Apts, Anand Park, Aundh, Pune- 411007. Pan : Aaacw9020F Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri A. K. Mahala Date Of Hearing : 14.11.2023 Date Of Pronouncement : 15.11.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 21.08.2023 For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Disallowance Of Deduction U/S 48(Ii) Of The Income Tax Act From The Long Term Capital Gains, In Respect Of The Indexed Cost Of Interest Paid For The Acquisition Of The House Property Sold By The Assessee, Made By The Assessing Officer By Travelling Beyond The Issue For Which This Case Was Selected For Limited Scrutiny Under Cass Is Without Jurisdiction. 2. The Ld. Commissioner Of Income Tax (Appeals) Has Eared Is Not Allowing The Deduction Of Rs.24,38,826/- U/S 48(Ii) From The Long Term

Capital Gains in respect of the indexed cost of interest of Rs.18,33,363/- paid for acquisition of the house property sold by the assessee. 3. The assessee craves leave to add, to modify to delete or to amend any or all of the above grounds of appeal.” 3. The appellant also raised the following additional grounds of appeal

MR SANJAY RUPACHAND TATHED,AHMEDNAGAR vs. ITO WARD 2, AHMEDNAGAR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2013-14

section 50C of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). Since the assessee has not filed his return of income and the capital gains

VENKETESH ASSOCIATES,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, PUNE, PUNE

In the result, the appeal is allowed for statistical purpose

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.203/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Venketesh Associates, Vs. Dcit, Circle-7, Pune. S. No.50 2 Office No.1, Platinum Classic Building, Pune Nagar Road, Chanddan Nagar, Pune- 410014. Pan : Aajfv9490J Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri A. K. Mahala Date Of Hearing : 25.04.2024 Date Of Pronouncement : 06.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Making An Addition Of Rs.37,53,597/- By Invoking Provision Of Section 43Ca, On Account Of Difference

gains from transfer of such asset, be deemed to be the full value of the consideration received or accruing as a result of such transfer: (2) The provisions of sub-section (2) and sub-section (3) of section 50C shall, so far as may be, apply in relation to determination of the value adopted or assessed or assessable under

ARCHANA PRASHANT DATE,PUNE vs. ITO, WARD 11(1), PUNE, PUNE

In the result, appeal of the assessee is allowed

Bench: Dr.Manish Borad & Ms.Astha Chandra

section 50C of the Act, the sale consideration shall be Rs.10729000/-. Since the appellant has sold the flat and reinvested the same in purchase of a flat at Rs.7504825/-and the indexed cost of acquisition of the said sold plot as computed by the appellant is Rs.4144720/-, the appellant's capital gain

PRIDE PURPLE PROPERTIES, PUNE,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE, PUNE

The appeal is allowed FOR STATISTCIAL

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 480/Pun/2022 निर्धारण वर्ा / Assessment Year : 2013-14 Pride Purple Properties, Pride House, 5Th Fl.,S.No.108/7, Shivajinagar, Pune – 411 016 Pan: Aaifp0363B . . . . . . . अपऩलधथी / Appellant बनाम / V/S Dy. Commissioner Income Tax, Central Circle-1(1), Pune . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Suhas Bora Revenue By : Shri M. G. Jasnani सपिवधई की तधरऩख / Date Of Conclusive Hearing : 12/04/2023 घोर्णध की तधरऩख / Date Of Pronouncement : 12/04/2023 आदेश / Order Per G. D. Padmahshali, Am; As Against First Appellate Order Of Commissioner Of Income Tax(A)-11, [‘Cit(A)’] Dt. 25/01/2022 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’], For Assessment Year [‘Ay’] 2013-14, The Assessee Filed The Present Appeal With The Following Grounds; “1. The Order Of The Ld Cit (A) -11, Pune In The Case Is Opposed To Establish Law & The Judicial Pronouncement.

Capital Gains’ being 50% share of appellant. ITAT-Pune Page 5 of 8 Pride Purple Properties, ITA No.480/PUN/2022 AY: 2013-14 4.2 In an appeal, the contention of appellant that since the differential value is less than 5% hence no addition is warranted has been rejected by the Ld. CIT(A) reiterating that, tolerance limit as envisaged in section 50C

DHAS KISHOR RAMCHANDRA, AURANGABAD vs. DWARKAPRASAD BHIKULAL SONI, JALNA

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

section 50C of the Income Tax Act, the capital gain is calculated by considering the WDV as per Income Tax Act. The reason

M/S OM SHRINIWAS DEVELOPERS,PUNE vs. ITO WARED-6(3), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1345/Pun/2025 िनधा"रण वष" / Assessment Year: 2016-17 M/S.Om Shriniwas Developers, V The Income Tax Officer, Off No.2 & 3, Vastusadan S Ward-6(3), Pune. Bldg, 743, Guruwar Peth, Pune – 411042. Maharashtra. Pan: Aabfo7491G Appellant/ Assessee Respondent / Revenue Assessee By Shri Bhuvanesh Kankani – Ar Revenue By Smt. N C Shilpa – Addl.Cit(Dr) Date Of Hearing 01/07/2025 Date Of Pronouncement 24/07/2025

capital gain. In our view, the reopening of the assessment is purely on the basis of change of opinion of the AO from that held earlier during the course of assessment proceedings. This change of opinion does not constitute justification for assuming that income chargeable to tax has escaped assessment.” ITA No.1345/PUN/2025 [A] 11. Respectfully following Hon’ble Bombay High