SHREE GARUDA PLANT PRODUCTS LTD,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1 (2),, NASHIK

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.492/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Shree Garuda Plant Products The Income Tax Officer, Ltd., Vs Ward-1(2), Nashik. B-26, Additional Midc Area, Ambad, Nashik. Pan: Aaacg 0563 H Appellant/ Assessee Respondent / Revenue Assessee By Shri Nishint Gandhi – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 20/07/2022 Date Of Pronouncement 14/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Nashik For The Assessment Year 2015-16, Dated 19.02.2019, Emanating Out Of Order Under Section 143(3) Of The Income Tax Act, 1961 Dated 26.12.2017. The Assessee Has Raised The Following Grounds Of Appeal: “1.In The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) - 1, Nashik ["The Cit (A)" For Short] Erred In Confirming The Order Of The Learned Income Tax Officer - 1 (2), Nashik, ["The Ao" For Short] Which Was Passed In Violation Of Principles Of Natural Justice Without Affording A Proper Opportunity Of Being Heard To The Appellant. 2. In The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming The Action Of The Ao In Invoking Section 14A R.W.R. 8D Of The Act, Whereby A Disallowance Of Rs.12,81,831/- Was Made In The Hands Of The Appellant.

House Property. In the facts and circumstances of the case and in law, the Ld. AO erred in making an addition of Rs.6,86,813/- to the rent income of Rs.10,18,051/- offered by the Appellant and treating the same as taxable income of the Appellant without appreciating the fact that certain amount of rent was unrealized and therefore

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHIVAJI BHAGWANRAO JADHAV,, PUNE

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 680 To 682/Pun/2015 िनधा"रण वष" / Assessment Years : 2008-09 To 2010-11

125 ITR 134 (Allahabad High Court the AO estimated the annual let out value of the property at Rs.6,26,235/-. During the First Appellate Proceedings, the CIT(A) allowed the claim of the assessee and commented upon the judgment of CIT Vs. Radhika Devi Dalmiya that it is specific on its own facts and not applicable to the case

DEPUTY COMMISSIONER OF INCOME-TAX vs. SHRI SHIVAJI BHAGWANRAO JADHAV,, PUNE

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 680 To 682/Pun/2015 िनधा"रण वष" / Assessment Years : 2008-09 To 2010-11

125 ITR 134 (Allahabad High Court the AO estimated the annual let out value of the property at Rs.6,26,235/-. During the First Appellate Proceedings, the CIT(A) allowed the claim of the assessee and commented upon the judgment of CIT Vs. Radhika Devi Dalmiya that it is specific on its own facts and not applicable to the case

SHIVAJI BHAGWANRAO JADHAV,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita Nos. 680 To 682/Pun/2015 िनधा"रण वष" / Assessment Years : 2008-09 To 2010-11

125 ITR 134 (Allahabad High Court the AO estimated the annual let out value of the property at Rs.6,26,235/-. During the First Appellate Proceedings, the CIT(A) allowed the claim of the assessee and commented upon the judgment of CIT Vs. Radhika Devi Dalmiya that it is specific on its own facts and not applicable to the case

M/S. MHARASHTRA ERECTORS PVT. LTD.,,PUNE vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

house property is without any merit. A.Y. 2008-09 5. We have heard the submissions made by representatives of rival sides and have perused the orders of authorities below. In this case we find that neither the return of income nor statutory Tax Audit Report u/s. 44AB of the Act has been filed by the assessee. The assessee

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. MHARASHTRA ERECTORS PVT. LTD.,, PUNE

In the result, the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

house property is without any merit. A.Y. 2008-09 5. We have heard the submissions made by representatives of rival sides and have perused the orders of authorities below. In this case we find that neither the return of income nor statutory Tax Audit Report u/s. 44AB of the Act has been filed by the assessee. The assessee

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SINHAGAD TECHNICAL EDUCATION SOCIETY,, PUNE

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

125 ITR 134 while estimating the fair rent of the properties was totally misplaced as the said judgement was in the context of estimation of annual value of the House Property for the purposes of S.22 and that too in the case of a property that was not actually let out. It is also pointed out that the said judgement

SINHGAD TECHNICAL EDUCATION SOCIETY,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

125 ITR 134 while estimating the fair rent of the properties was totally misplaced as the said judgement was in the context of estimation of annual value of the House Property for the purposes of S.22 and that too in the case of a property that was not actually let out. It is also pointed out that the said judgement

SINHGAD TECHNICAL EDUCATION SOCIETY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

125 ITR 134 while estimating the fair rent of the properties was totally misplaced as the said judgement was in the context of estimation of annual value of the House Property for the purposes of S.22 and that too in the case of a property that was not actually let out. It is also pointed out that the said judgement

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SINHAGAD TECHNICAL EDUCATION SOCIETY,, PUNE

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

125 ITR 134 while estimating the fair rent of the properties was totally misplaced as the said judgement was in the context of estimation of annual value of the House Property for the purposes of S.22 and that too in the case of a property that was not actually let out. It is also pointed out that the said judgement

SINHGAD TECHNICAL EDUCATION SOCIETY,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

125 ITR 134 while estimating the fair rent of the properties was totally misplaced as the said judgement was in the context of estimation of annual value of the House Property for the purposes of S.22 and that too in the case of a property that was not actually let out. It is also pointed out that the said judgement

SINHGAD TECHNICAL EDUCATION SOCIETY,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

125 ITR 134 while estimating the fair rent of the properties was totally misplaced as the said judgement was in the context of estimation of annual value of the House Property for the purposes of S.22 and that too in the case of a property that was not actually let out. It is also pointed out that the said judgement

INCOME TAX OFFICER, WARD-6(3), INCOME TAX DEPARTMENT, PUNE vs. KALAWATI VIJAYKUMAR AGARWAL, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2021-22

section 54F of the Income-tax Act, 1961 regarding the investment in the property purchased from spouse. That, accordingly, there could not be any reason to deny the Appellant's claim for exemption u/s 54F. In view of the aforesaid logic, the CIT (A) allowed the appeal of the assessee and deleted the addition made pertaining to disallowance of claim

AMEETSINGH AJITSINGH RAJPAL,PUNE vs. DCIT CIRCLE-5, 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.1705/Pun/2025 िनधा"रण वष" / Assessment Year : 2011-12 Ameetsingh Ajitsingh Rajpal, Vs. Dcit, Circle-5, Pune. 479, Eden Villa, Rasta Peth, Kasba Peth, Pune- 411011. Pan : Aaqpr3148E Appellant Respondent Assessee By : Shri Suhas Bora & Riya Oswal Revenue By : Smt. N. C. Shilpa Date Of Hearing : 20.11.2025 Date Of Pronouncement : 25.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.05.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2011-12. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Ld. Cit(A) Has Erred In Upholding The Disallowance Of Deduction Claimed Under Section 54F Of The Income-Tax Act, 1961 Amounting To Rs. 92,85,214/-Solely On The Ground That The Reinvestment Was Not Made In A Residential House.

Section 54F does not restrict exemption merely because the property is situated in an agricultural zone, nor does it exclude a farmhouse from the ambit of a residential house. 6. The disallowance so sustained is contrary to the settled principles of interpretation of beneficial provisions under Chapter IV of the Income-tax Act and deserves to be deleted

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE- 1(1), PUNE vs. M/S. BHAIRAVNATH SUGAR WORKS LTD., PUNE

In the result, the appeal is dismissed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 Dcit, Circle 1(1), Vs. M/S. Bhairavanath Sugar Works Ltd., Pune S.No. 21/2, Sawant Corner, Pune-Mumbai Bypass Road, Katraj, Pune. Pan: Aadcb0529M Appellant Respondent Assessee By Shri B.C. Malakar Revenue By Smt. Divya Bhajpai Date Of Hearing 10-06-2021 Date Of Pronouncement 11-06-2021 आदेश / Order Per R.S.Syal, Vp : This Appeal By The Revenue Is Directed Against The Order Dated 23.12.2019 Passed By The Ld. Cit(A) U/S.143(3) Read With Section 144C(3) Of The Income-Tax Act, 1961 (Hereinafter Also Called „The Act‟) In Relation To The Assessment Year 2013- 14. 2. This Appeal Was Filed Belatedly By 68 Days. The Ld. Dr Explained The Lockdown Due To Covid-19 As The Reason For The Late Filing Of The Appeal. The Ld. Ar Did Not Object

125 to GPPL. The property taken on rent was claimed to be solely used as administrative/corporate office where all the business activities, such as, Sales, Marketing, Promotion, Advertisement, Market research, Accounting, Auditing, Financing credit rating, Share registry, etc. were carried on. Meetings of board, Sales committee, Purchase committee, Audit and accounts, Finance Departments also took place at the corporate office

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

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

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks

DEPUTY COMMISSSIONER OF INCOME TAX, CIRCLE -1,, AURANGABAD vs. ENDURANCE TECHNOLOGIES PVT. LTD,, AURANGABAD

Appeals are dismissed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No. 989/Pn/2015 ननधधारण वषा / Assessment Year : 2010-11

house property‖, ―Capital gains‖ and ―Income from other sources‖], or a company or granting of loans and advances) consists in the purchase and sale of shares of other companies such company shall, for the purposes of this section, be deemed to be carrying on a speculation business to the extent to which the business consists of the purchase and sale

ASSISTANT COMMISSIONER OF INCOME-TAX vs. ENDURANCE TECHNOLOGIES PVT. LTD.,, AURANGABAD

Appeals are dismissed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No. 989/Pn/2015 ननधधारण वषा / Assessment Year : 2010-11

house property‖, ―Capital gains‖ and ―Income from other sources‖], or a company or granting of loans and advances) consists in the purchase and sale of shares of other companies such company shall, for the purposes of this section, be deemed to be carrying on a speculation business to the extent to which the business consists of the purchase and sale

DEPUTU COMMISSIONER OF INCOME-TAX vs. ENDURANCE TECHNOLOGIES PVT. LTD.,, AURANGABAD

Appeals are dismissed in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No. 989/Pn/2015 ननधधारण वषा / Assessment Year : 2010-11

house property‖, ―Capital gains‖ and ―Income from other sources‖], or a company or granting of loans and advances) consists in the purchase and sale of shares of other companies such company shall, for the purposes of this section, be deemed to be carrying on a speculation business to the extent to which the business consists of the purchase and sale