DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

section 147 r.w.s 148 is bad in law and void ab initio on\nseveral counts. Thus, it is requested that proceeding may please be\nquashed.\n\n3. On the facts and in the circumstance of case and in law. Ld. CIT(A) has\nerred in dismissing the appellant ground that, assessment order passed us.\n143(3) r.w.s.147 &144B dt 28/09/2021

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

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

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

capital gain account showing the deposit of Rs.68,56,000/- on 31.07.2017. He, therefore, asked the assessee to explain the claim of deduction u/s 54 of the Act. In the meantime, the Assessing Officer issued notice u/s 133(6) of the Act to PMC to obtain the status of completion of construction on the plot No.4 wherein the assessee

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 gain admitted on sale of flat (computation, customer ledger, first page of deed; possession certificate etc) but the assessee has not filed any objection against proposed addition u/s 56(2)(vii)(b) on purchase of immovable property. Hence, it is presumed that the assessee has no objection to the proposed addition being the differential amount (Rs.10,76,291/-) between

QUBIX BUSINESS PARK PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE

In the result, Ground No.2 of the assessee is allowed for statistical purpose

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

Capital Gain is also to be included as Profit eligible for deduction u/sec.80IAB of the Act. Ld.AR admitted that the said claim was not made before the Assessing Officer(AO) or in the Return of Income(RoI). 2.2 The relevant part of the written submission filed by the Ld.AR is reproduced here as under : Quote, “Ground

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

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

section 147 r.w.s 148 is bad in law and void ab initio on several counts. Thus, it is requested that proceeding may please be quashed. 3. On the facts and in the circumstance of case and in law. Ld. CIT(A) has erred in dismissing the appellant ground that, assessment order passed us. 143(3) r.w.s. 147 &144B dt 28/09/2021

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

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

section 147 r.w.s 148 is bad in law and void ab initio on several counts. Thus, it is requested that proceeding may please be quashed. 3. On the facts and in the circumstance of case and in law. Ld. CIT(A) has erred in dismissing the appellant ground that, assessment order passed us. 143(3) r.w.s. 147 &144B dt 28/09/2021

DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

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

section 147 r.w.s 148 is bad in law and void ab initio on several counts. Thus, it is requested that proceeding may please be quashed. 3. On the facts and in the circumstance of case and in law. Ld. CIT(A) has erred in dismissing the appellant ground that, assessment order passed us. 143(3) r.w.s. 147 &144B dt 28/09/2021

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 :

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

ACIT, CENTRAL CIRCLE-1, NASHIK, NASHIK vs. RAJENDRA RASIKLAL SHAH, NASHIK

In the result, the appeal of the Revenue is dismissed

capital gain on additional consideration of Rs.52,56,200/- on account of compensation received on entering into registered sale deed. The Hon'ble Tribunal has held that provisions of section

VIPINCHANDRA M. CHOKHAWALI,NAVAPUR vs. THE INCOME TAX OFFICER, WARD-1, DHULE

In the result, the appeal filed by the assessee is allowed and the Stay Application filed by the assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1551/Pun/2024 "नधा"रण वष" / Assessment Year : 2018-19 Along With Stay Application 06/Pun/2024 (Arising Out Of Ita No.1551/Pun/2024) Vipinchandra M. Chokhawala, Vs. Ito, Ward-1, Old Station Road, Dal Mill, Dhule Nandurbar, Navapur-425418 Maharashtra Pan : Adnpc8588M Appellant Respondent

Capital Gains and Income from Other sources. The Return of Income for the A.Y. 2018-19 was filed on 04.10.2018 declaring total income of Rs.78,24,250/-. Against the said return of income, the assessment was completed by the Assessing Officer (AO) vide order dated 03.02.2021 passed u/s.143(3) r.w.s.143(3A) & 143(3B) at a total income of Rs.2

ASHOK VIJAYKUMAR KOTECHA,JALGAON vs. ACIT, CIRCLE 1, JALGAON, JALGAON

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2011-12

capital gain on adhoc basis. The Ld. Counsel for the assessee filed the following chart: Search material in case of Mr. Dilip Kotecha Date of search – search – 9/8/2011 Search Asstt Date Particulars Qty. Rate Amount materia Order l Page Page No. No. 20 29.11.10 Dellip Kotecha 25,000 154.43 38,60,850 20 1.12.10 Dellip Kotecha

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

56,98,885/-. 3. Before the Ld. Addl / JCIT(A) it was argued that the computation of long term capital gain made by the Assessing Officer is not justified. It was submitted that the CPC has substituted the stamp duty valuation as against actual consideration received by the assessee which is outside the scope of provisions of section

LALCHAND NARAYAN BHAKT,JALNA vs. ITO WARD 2, JALNA

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

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2011-12

capital gains and taxing the same on a protective basis. 8 2. The addition made by the learned AO and partly confirmed by the CIT(A) NFAC Delhi to the tune of Rs.25,00,000/- being the 50% share of the amount of Rs.50,00,000/- received by the appellant during the year under consideration towards advance against the agreement

VIKAS BHAGOJI SHINDE,PIMPRI PUNE vs. INCOME TAX OFFICER WARD 8(4) AKURDI , NIGDI PRADHIKARAN

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1879/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Vikas Bhagoji Shinde, Vs. Ito, Ward-8(4), Akurdi. 517/2496, Akshay Hsg Society, Sant Tukaram Nagar, Pimpri- 411018. Pan : Adyps0967P Appellant Respondent Assessee By : Shri Bharat Shah Revenue By Shri Arvind Desai : Date Of Hearing : 27.02.2025 Date Of Pronouncement : 23.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.08.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1) The Authorities Below Erred In Making & Confirming The Addition Of Rs. 3050000 U/S 56(Vii)(B) Of The Income Tax Act When The Amount Paid To The Seller As Well As To Others For Cancellation Of Deeds Of This Property Is More Than The Market Valuation. The Addition Made On This Account Be Deleted & Just & Proper Relief Be Granted To The Assessee In This Respect.

section 56(vii)(b) of the IT Act as well as of short-term capital gain calculated on the basis

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:

gain being 50% share. We find the Ld. CIT(A) upheld the addition made by the Assessing Officer, the reasons of which have already been reproduced in the preceding paragraphs. It is the submission of the Ld. Counsel for the assessee that the impounded documents found from the premises of Shri Kalpesh Jain does not mention the name

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:

gain being 50% share. We find the Ld. CIT(A) upheld the addition made by the Assessing Officer, the reasons of which have already been reproduced in the preceding paragraphs. It is the submission of the Ld. Counsel for the assessee that the impounded documents found from the premises of Shri Kalpesh Jain does not mention the name

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:

gain being 50% share. We find the Ld. CIT(A) upheld the addition made by the Assessing Officer, the reasons of which have already been reproduced in the preceding paragraphs. It is the submission of the Ld. Counsel for the assessee that the impounded documents found from the premises of Shri Kalpesh Jain does not mention the name

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

gains, being generated on account of sham transaction. 5. The amount of capital loss has been adjusted by the assessee against business income. Assessee is one of the beneficiaries of this arranged Sham Transactions and its claim of dividend income and business loss is required to be disallowed / taxed accordingly as per computation as under: Particulars Amount (in Rs.) Redeemed