ARUNKUMAR PURSHOTAMLAL KHANNA,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME-TAX (CIRCLE), PUNE

Appeal is partly allowed in above terms

Bench: Shri S. S. Godara & Shri Dr. Dipak P. Ripoteआयकर अपीऱ सं. / Ita No.181/Pun/2021 निर्धारण वर्ा / Assessment Year: 2015-16 Arunkumar Purshotamlal Vs. Pcit (Central), Pune. Khanna, Flat No.3123/3124, Clover Palisades, Nibm Road, Kondhwa, Pune- 411048. Pan : Agipk3043K Appellant Respondent

house property has been claimed under Section 54F. 3. The amount claimed as a deduction under Section 54EC for investment in capital bonds is incorrect. At the outset the assessee states that provisions of 263 of the Act are inapplicable on the facts and in the circumstances of the case and in law. Provisions of Section

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

142(1) of the Act were issued and served on the assessee, to which the assessee replied from time to time. 2 3. During the course of assessment proceedings, the Assessing Officer noted that the assessee has e-mailed Deed of Assignment dated 26.07.2016 of the property at S.No.696/2, Final Plot No.475 part/6, Plot No.6, Anandnagar Co- operative Housing

MICHELLE Y. POONAWALLA,PUNE vs. DCIT-CIR-7, PUNE , PUNE

In the result, the appeals of the assessee for both the AYs 2013-14

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

section 24 means not only the ownership of property but also getting possession simultaneously therefore, interest on borrowed money utilized for payment of compensation to the statutory tenant was allowable as deduction (if not U/sec.23) U/sec. 24 of the IT Act' 1961. c. Borrowed money was utilized for acquiring another capital asset i.e. tenancy rights hence, assuming income from property

MICHELLE Y. POONAWALLA,PUNE vs. DCIT, CIRCLE-7, PUNE, PUNE

In the result, the appeals of the assessee for both the AYs 2013-14

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

section 24 means not only the ownership of property but also getting possession simultaneously therefore, interest on borrowed money utilized for payment of compensation to the statutory tenant was allowable as deduction (if not U/sec.23) U/sec. 24 of the IT Act' 1961. c. Borrowed money was utilized for acquiring another capital asset i.e. tenancy rights hence, assuming income from property

SHRIKANT VISHWANATH GOGATE,,PUNE vs. THE COMMISSIONER OF INCOME-TAX, (IT/TP),, PUNE

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

Bench: Shri P.M. Jagtap(K/Z) & Shri Partha Sarathi Chaudhuryनिर्धारण वषा / Assessment Year : 2013-14

Section 54F of the Act could be given to the assessee when the transfer is of any capital asset other than the house property. The assessee has submitted that along with land, residential house has also been transferred i.e. „JAGDISH Bunglow‟ situated at CTS No.781, Final Plot No.128/1, TPS1, Shivajinagar. In the Development Agreement, there is reference of land

ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

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

142(1) of the Act in response to which the AR of the assessee filed the requisite details from time to time. 3. During the course of assessment proceedings the Assessing Officer noted that the assessee, in the original return of income filed u/s 139(1) of the Act, has shown income from self occupied house property at Rs.Nil. However

ALNESH MOHAMADAKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

142(1) of the Act in response to which the AR of the assessee filed the requisite details from time to time. 3. During the course of assessment proceedings the Assessing Officer noted that the assessee, in the original return of income filed u/s 139(1) of the Act, has shown income from self occupied house property at Rs.Nil. However

SINDHUDURG ZILLA MADHYAMIK VA UCHHA MADHYAMIK SHIKSHAK VA SHIKSHKETAR KARMACHARI PATSANSTHA LTD,SINDHUDURGNAGARI KUDAL vs. INCOME TAX OFFICER KUDAL, KUDAL

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.968/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Sindhuurg Zilla Madhyamik Va The Income Tax Officer, Uchha Madhyamik Shikshak Va V Kudal. Shikshketar Karmachari S Patsanstha Ltd., Plot No.33, Sindhudurgnagari, Kudal Dist, Sindhudurg. Maharashtra – 416812. Pan: Aagas6518L Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri Sourabh Nayak, Irs – Jcit-Dr Date Of Hearing 22/02/2024 Date Of Pronouncement 15/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 30.08.2023 Emanating From Assessment Order Passed Under Section 144 R.W.S 144B Of The Act Dated 21.04.2021. The Assessee Has Raised The Following Grounds Of Appeal :

house property chargeable under section 22. 6.1 Section 80A(5) of the Act is reproduced here under : Deductions to be made in computing total income. 80A. (1) In computing the total income of an assessee, there shall be allowed from his gross total income, in accordance with and subject to the provisions of this Chapter, the deductions specified in sections

MARUTI G.THOPTE,,PUNE vs. INCOME-TAX OFFICER,, PUNE

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

house properties. He accordingly worked out the long term capital gain at Rs.69,47,370/-. Aggrieved by the order of AO, assessee carried the matter before Ld.CIT(A), who upheld the order of AO by holding as under : Ground No.1: In this ground the appellant challenged the “4.1 reference to the District Valuation Officer by the AO on the ground

M/S SUKHWANI PROMOTORS AND BUILDERS,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, (CENTRAL),, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.301/Pun/2022 िनधा"रण वष" / Assessment Year : 2017-18 M/S.Sukhwani Promoters & The Principal Builders, Vs Commissioner Of Income 208/2A, Near Swaminathan Tax, (Central), Pune. Clinic, Station Road, Pimpri, Pune – 411018. Pan: Abrfs 1253 P Assessee/ Appellant Respondent /Revenue Assessee By Shri Jitendra Jain – Ar Revenue By Shri Sardar Singh Meena – Dr Date Of Hearing 16/05/2023 Date Of Pronouncement 27/06/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax(Central), Pune Dated 24.03.2022 Under Section 263 Of The Act For A.Y.2017-18. The Grounds Of Appeal Raised By The Assessee Are As Under : “1 & 2. Pcit Erred In Passing The Order U/S 263 Of The Act Which Is Bad In Law, Illegal, Ultra-Virus, In Excess Of And/Or In Want Of Jurisdiction & Otherwise Void. M/S.Sukhwani Promoters & Builders [A]

section 142(1) issued by Assessing Officer(AO) and subsequent submission filed by assessee in response to the notices. Ld.AR vehemently argued that AO had verified all these issues and had applied the mind before passing the assessment order. Therefore, ld.AR pleaded that assessment order was not erroneous and prejudicial to the interest of the Revenue. Ld.AR relied on decision

SANJAY KAILASCHAND BHARTIYA,,JALNA vs. INCOME -TAX OFFICER,, JALNA

In the result, both the appeals of assessee are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita No.1424/Pun/2017 यििाारण वषा / Assessment Year : 2010-11 Shri Rajendra Kanhiyalal Bhartiya, Kerosene Dealer, Naya Bazar, Shola Chowk, अऩीऱाथी/Appellant Jalna – 431203 …. Pan: Amspb4560E Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 1, Jalna आयकर अपीऱ सं. / Ita No.1425/Pun/2017 यििाारण वषा / Assessment Year : 2010-11 Shri Sanjay Kailashchand Bhartiya, Prop. Of Dainik Krushnaniti, Naya Bazar, Shola Chowk, अऩीऱाथी/Appellant Jalna – 431203 …. Pan: Afnpb3190E Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward-1, Jalna

house property and hence, the claim of deduction under section 54F of the Act. In the facts of each of the persons, balance capital was claimed at Nil. The details of the same are reproduced by the Assessing Officer under para 6 of assessment order. The Assessing Officer was of the view that the assessee had received land on family

RAJENDRA KANHIYALAL BHARTIYA,,JALNA vs. INCOME -TAX OFFICER,, JALNA

In the result, both the appeals of assessee are allowed as indicated above

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita No.1424/Pun/2017 यििाारण वषा / Assessment Year : 2010-11 Shri Rajendra Kanhiyalal Bhartiya, Kerosene Dealer, Naya Bazar, Shola Chowk, अऩीऱाथी/Appellant Jalna – 431203 …. Pan: Amspb4560E Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 1, Jalna आयकर अपीऱ सं. / Ita No.1425/Pun/2017 यििाारण वषा / Assessment Year : 2010-11 Shri Sanjay Kailashchand Bhartiya, Prop. Of Dainik Krushnaniti, Naya Bazar, Shola Chowk, अऩीऱाथी/Appellant Jalna – 431203 …. Pan: Afnpb3190E Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward-1, Jalna

house property and hence, the claim of deduction under section 54F of the Act. In the facts of each of the persons, balance capital was claimed at Nil. The details of the same are reproduced by the Assessing Officer under para 6 of assessment order. The Assessing Officer was of the view that the assessee had received land on family

KHINVASARA CHAVAN,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 Khinvasara Chavan Acit, Circle – 5, Pune Shop No.1 & 2, Vijay Apartments, Vs. 22, Mukund Nagar, Pune – 411037 Pan: Aacfk3473H (Appellant) (Respondent) Assessee By : Shri Rohan R Potdar Department By : Shri Aviyogi Ambadkar, Addl.Cit Date Of Hearing : 30-03-2026 Date Of Pronouncement : 30-03-2026 O R D E R Per R.K. Panda, Vp:

142(1) of the Act along with a questionnaire was issued. 3. During the course of assessment proceedings the Assessing Officer asked the assessee to explain as to why the deemed rental income on unsold inventory 2 flats should not be added. It was submitted by the assessee that its housing project Aranesywhar Park, Phase-II has been completed

MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

142(1) of\nthe Act along with a questionnaire which was duly served on the assessee, in\nresponse to which the AR of the assessee filed the requisite details from time to\ntime. The Assessing Officer completed the assessment u/s 143(3) of the Act on\n31.01.2014 determining the total income of the assessee at Rs.13,17,230/- and\nagricultural

SHEELA DEEPAK GUNDECHA,PUNE vs. ITO WARD 2(1), PUNE

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

Bench: Dr.Manish Borad

142(1) of the Act. Based on the information available in ITS data, the Assessing Officer noticed that the assessee along with her mother and sister sold inherited 2 Sheela Deepak Gundecha immovable property situated near to Panvel city on 24.02.2011 for a consideration of Rs.1,58,00,000/-. Assessee furnished computation of capital gain in the return of income

DHANOTTAM VASANT LONKAR,PUNE vs. INCOME-TAX OFFICER, WARD 3(3), , PUNE

In the result, the appeal of the assessee is allowed

house, is rejected because Transaction leading to Capital\nGain itself is rejected and is treated as business income.\"\nAppellant prays for declaring claim of Long Term Capital Gain & u/s\n54F is valid and allowed, And declare that order is Bad in Law, being\nwithout application of mind and violative of powers of CIT(A).\n5) Commissioner of Income Tax (Appeals

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

142(1), neither return of income nor any Tax Audit Report as mandated u/s. 44AB was filed by the assessee. In response to the statutory notice the authorized representative of the assessee merely furnished tentative Profit and Loss account and Balance Sheet for the period relevant to the assessment years 2008-09 declaring income of Rs.1,72,39,125/-. Shri

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

142(1), neither return of income nor any Tax Audit Report as mandated u/s. 44AB was filed by the assessee. In response to the statutory notice the authorized representative of the assessee merely furnished tentative Profit and Loss account and Balance Sheet for the period relevant to the assessment years 2008-09 declaring income of Rs.1,72,39,125/-. Shri

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.

House at NDA Road, Warje, Pune are hereby deleted and the additions in respect of the remaining properties are confirmed. For the same reasons, the applicability of S.13(1)(c) in the appellant's case is hereby upheld since a part of the income of the institution was used during the PY for the benefit of a person referred