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

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

capital gain on transfer/sale of shares instead of business income because the transaction relates to sale of shares and does not relate to the normal business transaction. Thus, this ground of appeal is hereby partly allowed. 16.1 In this regard we find that a special section i.e.43AA was inserted in the statute book w.e.f 01-04-2017 which deals with

TEJAS SHIVAJI ADSUL,KOLHAPUR vs. INCOME TAX OFFICER WARD 1(1), KOLHAPUR, KOLHAPUR

In the result, appeal of the assessee is allowed

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

capital gains earned on sale of immovable property has supressed the fact that he had taxable income in his hands. Thus when 270A(9) (a) is read with 270A(2) (b) and 270A(3) (1) (b) (A), there is under reporting of income consequent to misreporting of income to the extent of Rs.24,70,490/-in hands of appellant

JAYNT VASUDEO ARADHYE,SOLAPUR vs. DCIT, CIRCLE-1, SOLAPUR, SOLAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

VI-A other than the provisions of sub-section (2) of section 80CCD or section 80JJAA; (ii) without set off of any loss, - (a) carried forward or depreciation from any earlier assessment year, if such loss or depreciation is attributable to any of the deductions referred to in clause (i); (b) under the head "Income from house property” with

SINHAGAD TECHNICAL EDUCATION SOCIETY,PUNE vs. PCIT(CENTRAL), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoresinhagad Technical Education Society Pcit (Central), Pune Smt. Khilare Marg, Off Karve Road, Vs. Pune – 411004 Pan: Aabts9900Q (Appellant) (Respondent) Assessee By : Shri Suhas Bora & Miss Sampada Ingale Department By : Shri Ajay Kumar Keshari - Cit Date Of Hearing : 25-03-2025 Date Of Pronouncement : 29-05-2025 O R D E R

gains of business which is not incidental to the attainment of its objectives or separate books of account are not maintained by such trust or institution in respect of the business which is incidental to the attainment of its objectives; or c) The trust or institution has applied any part of its income from the property held under a trust

AGRA OBSTETRICAL AND GYNAECOLOGICAL SOCIETY,AGRA vs. PCIT, CENTRAL, PUNE

capitation fees are merely based on the statement of\nemployees which have been subsequently retracted and the Pendrive\nand loose document found at the residential premises of employee has\nalso been retracted at the subsequent stage and that the Managing\nTrustee of the assessee trust has denied to be indulged into any of such\nalleged transaction in the statement given

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRAHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

vi) Prem Brothers Infrastructure LLP V/s. NFAC reported in (2023) 334 CTR (Del) 363, Para No.7. In this case Hon. Delhi High Court held that penalty notice issued u/s.274 r.w.s. 270A does not mention which limb of section 270A of the Act is attracted, hence penalty order is quashed. 17 ITA.Nos.1939 & 1940/PUN./2024 (vii) Alrameez Construction

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRADHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

vi) Prem Brothers Infrastructure LLP V/s. NFAC reported in (2023) 334 CTR (Del) 363, Para No.7. In this case Hon. Delhi High Court held that penalty notice issued u/s.274 r.w.s. 270A does not mention which limb of section 270A of the Act is attracted, hence penalty order is quashed. 17 ITA.Nos.1939 & 1940/PUN./2024 (vii) Alrameez Construction

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ATUL OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings holding that the notice issued u/s 148 of the Act is not sustainable in law by observing as under: “5.3 I have considered the submissions filed by the appellant. As per the above submission filed by the appellant, it is seen that

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ASHISH OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings holding that the notice issued u/s 148 of the Act is not sustainable in law by observing as under: “5.3 I have considered the submissions filed by the appellant. As per the above submission filed by the appellant, it is seen that

INCOME TAX OFFICER, WARD -1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings holding that the notice issued u/s 148 of the Act is not sustainable in law by observing as under: “5.3 I have considered the submissions filed by the appellant. As per the above submission filed by the appellant, it is seen that

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings holding that the notice issued u/s 148 of the Act is not sustainable in law by observing as under: “5.3 I have considered the submissions filed by the appellant. As per the above submission filed by the appellant, it is seen that

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings holding that the notice issued u/s 148 of the Act is not sustainable in law by observing as under: “5.3 I have considered the submissions filed by the appellant. As per the above submission filed by the appellant, it is seen that

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings holding that the notice issued u/s 148 of the Act is not sustainable in law by observing as under: “5.3 I have considered the submissions filed by the appellant. As per the above submission filed by the appellant, it is seen that

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ATUL OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

9. Based on the arguments advanced by the assessee, the Ld. CIT(A) quashed the re-assessment proceedings holding that the notice issued u/s 148 of the Act is not sustainable in law by observing as under: “5.3 I have considered the submissions filed by the appellant. As per the above submission filed by the appellant, it is seen that

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

vi) Similarly, the issue with respect to charging of Capitation\nfees by the assessee trust from the students at the time of\nadmission is supported by the following corroborative evidences:\n(i) During the search action at the residential premises of\nShri Balaji Pandurang Alli, Chief Accountant, a purple\ncoloured pen drive was found wherein excel sheets related

SATARA ENGINEERING PROJECTS AND EQUIPMENTS PRIVATE LIMITED,SATARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, SATARA, SATARA

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2450/Pun/2025 Assessment Year : 2024-25

capital asset on which no depreciation is allowable under the Act shall be computed at the rate of twenty-two per cent: Provided also that where the person fails to satisfy the conditions contained in sub-section (2) in any previous year, the option shall become invalid in respect of the assessment year relevant to that previous year and subsequent

SHREE CHAITANYA-RAM FOUNDATION,BAVDHAN PUNE vs. CIT EXEMPTION, PUNE

In the result, both the appeals filed by the assessee are allowed for statistical purposes

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

9. The Ld. DR on the other hand heavily relied on the order of the Ld. CIT(Exemption) in rejecting the application for grant of registration u/s 12A and the approval u/s 80G of the Act. 10. We have heard the rival arguments made by both the sides, perused the order of the CIT(E) and the paper book filed

SHREE CHAITANYA-RAM FOUNDATION,BAVDHAN vs. CIT EXEMPTION, PUNE

In the result, both the appeals filed by the assessee are allowed for statistical purposes

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

9. The Ld. DR on the other hand heavily relied on the order of the Ld. CIT(Exemption) in rejecting the application for grant of registration u/s 12A and the approval u/s 80G of the Act. 10. We have heard the rival arguments made by both the sides, perused the order of the CIT(E) and the paper book filed

AIDS SOCIETY OF INDIA,MUMBAI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE

capitation fees are merely based on the statement of employees which have been subsequently retracted and the Pendrive and loose document found at the residential premises of employee has also been retracted at the subsequent stage and that the Managing Trustee of the assessee trust has denied to be indulged into any of such alleged transaction in the statement given