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

96,621/- earning\nLong Term capital gain of Rs.7,68,24,174/-. This is an extraordinary profit earned\nin a short span of 2-3 years. On being questioned by the Assessing Officer, the\nassessee has merely stated that he was doing this on the advice of broker and\nmarket sentiment.\n\n18. Referring to the movement of shares price

M/S BALAJI DEVELOPERS ,DHULE vs. ITO, WARD 1, DHULE, DHULE

In the result, the appeal of the assessee is allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.375/Pun/2024 Assessment Year : 2016-17

96 of the RFCTLARR act shall also not be taxable under the provisions of Income Tax Act, 1961, even if there is no specific provision of exemption or such compensation in the Income Tax Act, 1961.” 6.12 Section 10(37) of the Income Tax Act has been introduced to provide specific exemption to the capital gains

DY. COMMISSIONER OF INCOME TAX, PUNE vs. DILIP MOTILALJI CHORDIA, PUNE

In the result, the appeal filed by the Revenue as well as\nthe Cross Objection filed by the assessee are allowed for\nstatistical purposes

capital gains shall be taxable.\nSection 96 of the RFCTLARR Act, 2013 provides exemption from\nincome tax and stamp duty levied on any acquisition covered under\nthe Act, except for persons referred to in section

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

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

96,621/- earning Long Term capital gain of Rs.7,68,24,174/-. This is an extraordinary profit earned in a short span of 2-3 years. On being questioned by the Assessing Officer, the assessee has merely stated that he was doing this on the advice of broker and market sentiment. 18. Referring to the movement of shares price

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

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

96,621/- earning Long Term capital gain of Rs.7,68,24,174/-. This is an extraordinary profit earned in a short span of 2-3 years. On being questioned by the Assessing Officer, the assessee has merely stated that he was doing this on the advice of broker and market sentiment. 18. Referring to the movement of shares price

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

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

96,621/- earning Long Term capital gain of Rs.7,68,24,174/-. This is an extraordinary profit earned in a short span of 2-3 years. On being questioned by the Assessing Officer, the assessee has merely stated that he was doing this on the advice of broker and market sentiment. 18. Referring to the movement of shares price

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)

96,737 offered in the return of income. 3.2 The NFAC / Ld.AO erred in not providing the Appellant with an opportunity of being heard in response to the adjustments of book profits under section 115JB of the Act during the assessment proceedings and transfer pricing proceedings, thus violating the principles of natural justice. 3.3 The NFAC / Ld.AO has erred

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

96,000 2016-17 16,254 24-12-2019 2,34,00,000 2017-18 -20,60,094 24-12-2019 78,00,000 3. During the proceedings, list of donors used to be submitted by the assessee. Thereafter, to verify the genuineness of the donations, a survey u/s 133A of the Act was conducted on six premises

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

96,000 2016-17 16,254 24-12-2019 2,34,00,000 2017-18 -20,60,094 24-12-2019 78,00,000 3. During the proceedings, list of donors used to be submitted by the assessee. Thereafter, to verify the genuineness of the donations, a survey u/s 133A of the Act was conducted on six premises

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

96,000 2016-17 16,254 24-12-2019 2,34,00,000 2017-18 -20,60,094 24-12-2019 78,00,000 3. During the proceedings, list of donors used to be submitted by the assessee. Thereafter, to verify the genuineness of the donations, a survey u/s 133A of the Act was conducted on six premises

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.

capital gain 7 income but CPC while processing the return did not allow set-off of this brought forward loss of Rs.27,78,028/-, which resulted in additional demand of income tax of Rs.9,96,750/-. In first appeal proceedings, ld. Addl./JCIT(A)-1, Coimbatore has dismissed the appeal of the assessee by referring to section

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

96,000\n2016-17\n16,254\n24-12-2019\n2,34,00,000\n2017-18\n-20,60,094\n24-12-2019\n78,00,000\n3. During the proceedings, list of donors used to be submitted by the\nassessee. Thereafter, to verify the genuineness of the donations, a\nsurvey u/s 133A of the Act was conducted on six premises

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION , KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

96,000\n2016-17\n16,254\n24-12-2019\n2,34,00,000\n2017-18\n-20,60,094\n24-12-2019\n78,00,000\n3. During the proceedings, list of donors used to be submitted by the\nassessee. Thereafter, to verify the genuineness of the donations, a\nsurvey u/s 133A of the Act was conducted on six premises

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

96,000\n2016-17\n16,254\n24-12-2019\n2,34,00,000\n2017-18\n-20,60,094\n24-12-2019\n78,00,000\n3. During the proceedings, list of donors used to be submitted by the\nassessee. Thereafter, to verify the genuineness of the donations, a\nsurvey u/s 133A of the Act was conducted on six premises

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

capital loss despite transaction is not falling under section 94 (7) of the act holding it to be sham and fictitious transaction is devoid of any merit. Accordingly on the merits also, orders of the lower authorities are reversed and ground number 4 – 7 of the appeal are allowed.” 20. We find Jaipur Bench of the Tribunal in the case

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 54EC of the Act we are inclined to uphold the plea of the assessee for exemption from tax on capital gains qua impugned amount of Rs 50 lakhs .Therefore on this aspect, assessee has to succeed. Thus, this Ground of appeal is allowed. 10.2 Therefore, we are of the opinion that Assessee is eligible for deduction u/s.54EC

NATHA PANDIT RAUT,PUNE vs. DCIT, CIRCLE 2, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Natha Pandit Raut Dcit, Circle 2, Pune Office No.101, Global Port Pashankar Auto Complex, Off Mumbai Vs. Bangalore Highway, Baner, Pune - 411045 Pan: Aatpr6854L (Appellant) (Respondent)

section 14A of the Income-tax Act, 1961. He further noted that the assessee has declared Rs.4,01,10,000/- towards sale consideration received under LTCG and claimed indexation benefit totalling Rs.3,50,96,000/- and declared long term capital gain

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

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

Section 43CA. Thus it is held that the assessee has wrongly offered the income as capital gain. This is nothing but a device to evade tax by offering income under a head where tax liability is lower. Thus capital gain worked out by the assessee at Rs.82,35,603/- is disallowed and added to business income of assessee. Penal proceedings