DASHRATH KONDIBA BALWADKAR,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE -2,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2014-15 Acit, Circle-2, Vs. Vilas Dashrath Balwadkar Pune House No.329, Near Laxmi Mata Temple, Balewadi, Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Vilas Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Prakash Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1116A Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Dashrath Kondiba Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Aqapb5784C Appellant Respondent

section 55A(a) which itself is not applicable. We thus reverse the learned CIT(A)‟s order as well as the findings herein to this limited extent and restore the Revenue‟s instant sole substantive ground back to him for his fresh appropriate adjudication as per law. The Revenue‟s appeal ITA No.824/PUN/2019 succeeds for statistical purposes. No other ground

PRAKASH DASHRATH BALWADKAR,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2014-15 Acit, Circle-2, Vs. Vilas Dashrath Balwadkar Pune House No.329, Near Laxmi Mata Temple, Balewadi, Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Vilas Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Prakash Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1116A Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Dashrath Kondiba Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Aqapb5784C Appellant Respondent

section 55A(a) which itself is not applicable. We thus reverse the learned CIT(A)‟s order as well as the findings herein to this limited extent and restore the Revenue‟s instant sole substantive ground back to him for his fresh appropriate adjudication as per law. The Revenue‟s appeal ITA No.824/PUN/2019 succeeds for statistical purposes. No other ground

SANDHYA SURESH DAHIVELKAR,PUNE vs. ITO, WARD 14(3), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.341/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sandhya Suresh Dahivelkar, Vs. Ito, Ward-14(3), Pune. Flat No.6/624, Clover Citadel Wanowrie, Pune- 411040. Pan : Asypd2124N Appellant Respondent Assessee By Shri Dattatraya Suresh Kusumkar : Revenue By : Shri Sourabh Nayak Date Of Hearing : 27.06.2024 Date Of Pronouncement : 10.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.02.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Present Appeal Is Filed Belatedly I.E. With The Delay Of 297 Days. The Appellant Furnished An Application/ Affidavit Praying For Condonation Of Delay In The Circumstances Mentioned Therein. We Are Of The Considered Opinion That The Reasons Mentioned By The Assessee Constitute Reasonable Cause For Not Filing The Appeal Within

delay is hereby condoned and the appeal is admitted for adjudication. 3. The appellant has raised the following grounds of appeal :- “1. The Sale consideration which is accepted by both Assessee and CIT (Appeal) includes consideration in respect of transfer of Land along with Building constructed on the same land (subjected capital asset) by assesse. The subjected building was constructed

KUBER VASANTRAO KENJALE,PUNE vs. ITO WARD 6(5), PUNE, PUNE

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

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2015-16

delay in filing of the appeal is condoned and the appeal is admitted for adjudication. 2 3. Facts of the case, in brief, are that the assessee is an individual and filed his return of income on 28.08.2015 declaring total income of Rs.61,72,830/-. The case was selected for scrutiny through CASS under limited category. Accordingly statutory notices

SANJAY NAMDEV TILEKAR,PUNE vs. INCOME TAX OFFICER,WARD 14(5) 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.382/Pun/2024 िनधा"रण वष" / Assessment Year: 2009-10 Sanjay Namdev Tilekar, Vs. Ito, Ward-14(5), Pune. Row House No.6, Manjari Green, Manjari Stud Farm, Phase One, Pune- 412307. Pan : Ahwpt3174F Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.05.2024 Date Of Pronouncement : 05.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.03.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2009-10. 2. The Present Appeal Is Filed Belatedly With 281 Days. The Appellant Furnished An Affidavit Along With Death Certificate Of His Wife, Praying For Condonation Of Delay Of 281 Days In The Circumstances Mentioned Therein. Ld. Dr Could Not Controvert The Averments Made In The Above Affidavit. We Are Of The Considered

delay of 281 days is hereby condoned and the appeal is admitted for adjudication. 3. The appellant has raised the following grounds of appeal :- “1. On the facts and the circumstances of the case and in law, lower authorities erred in passing ex-parte order and erred in not deciding the issue on the merits of the case, this action

BHAVANALAL ASARMA SATIKAR,,JALNA vs. INCOME-TAX OFFICER,,

Appeal is allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Shri G.D.Padmahshali

section 49 r.w.s 55A(a) of the Act. We therefore conclude in this clinching factual backdrop that not only the Assessing Officer had failed to determine the ITA No.1375/PUN/2016 for A.Y. 2010-11 (A) Shri Bhavanalal Asarma Satikar assessee’s correct cost of acquisition but also the ld.CIT(A) has fallen in error in not complying with the foregoing statutory

HEMANT VITHALRAO WAJE,NASHIK vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1, NASHIK

Appeal is allowed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.651/Pun/2020 ननधधारण वषा / Assessment Year : 2012-13 Shri Hemant Vithalrao Waje, 57, Ashok Nagar, Ganesh Peth, Sinnar, Dist. Nashik, Pin – 422 103 .......अपऩलधथी / Appellant Pan : Aampw3885H

section 55(A); as in assessment year 2012-13 before us contained, only the statutory expression “ is less than its fair market value” before its subtutions by Finance Act 2012 w.e.f. 01.07.2012 as “is at 4 A.Y. : 2012-13 Shri Hemant Vithalrao Waje, variance with its fair market value” in an instance involving the registered valuer‟s report