ACIT, CENTRAL CIRCLE-1, NASHIK, NASHIK vs. RAJENDRA RASIKLAL SHAH, NASHIK

In the result, the appeal of the Revenue is dismissed

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.1015/Pun/2024 Assessment Year : 2013-14

house had been transferred. In normal circumstances by executing an agreement to sell in respect of an immoveable property, a right in personam is created in favour of the transferee/vondee. When such a right is created in favour of the vendee, the vendor is restrained from selling the said property to someone else because the vendee, in whose favour

MUSTAFA ALIHUSAIN SUNELWALA,PUNE vs. ITO, WARD-14(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

house property, you have accepted to own two flats.” 5.1 The Ld. AR brought our attention to the notice dated 11.03.2024 (copy at page 1 of the paper book) for penalty u/s 274 r.w.s. 270A of the Act and submitted that the notice does not mention which limb of section 270A(9) is attracted. She submitted that the assessee made

SURJITSINGH SEVAKSINGH BAGGA,PUNE vs. INCOME-TAX OFFICER, WARD - 6(1),, PUNE

In the result, the appeal of the assessee is allowed

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

145&.282/-. Again the addition made in the assessment order in itself is for wrong assessment year. Hence penalty so levied be cancelled and just and proper relief be granted to the assessee in this respect. 3. Both the grounds being inter-connected are considered together. 4. During the course of assessment proceedings, AO noticed that assessee had shown long

RAM LAXMANRAO MITKARI,LATUR vs. INCOME-TAX OFFICER, WARD -3, LATUR

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

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

Housing & Land Development Trust Ltd [1986] 161 ITR 524 (SC) wherein it was held that when the Government has appealed against the award and the additional amount of compensation was deposited in the court, it was not taxable at that stage as the 4 ITA.No.574/PUN/2020 Sh Ram Laxmanrao Mitkari, Latur. additional compensation would not accrue as income when

ASSISTANT COMMISSIONER OF INCOME TAX, PUNE vs. BHUJBAL BROTHERS CONSTRUCTION COMPANY, PUNE

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

property to the DVO arises regular prices, therefore there was no occasion for Ld. CIT(A), to refer the matter to the DVO. Accordingly, we do not find any substance in the arguments of Ld. Counsel of the assessee that the matter of valuation of some of the flats/ shops should be referred to the DVO. Accordingly

BHUJBAL BROTHERS CONSTRUCTION COMPANY,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(3), PUNE

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

property to the DVO arises regular prices, therefore there was no occasion for Ld. CIT(A), to refer the matter to the DVO. Accordingly, we do not find any substance in the arguments of Ld. Counsel of the assessee that the matter of valuation of some of the flats/ shops should be referred to the DVO. Accordingly

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD vs. SHRI. BALAJI RAMCHANDRA ANDE, LATUR

In the result, appeal of the Revenue dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

house property, profits and gains of business or profession, or capital gains, nor 8 ITA.No.625/PUN./2024 is it income from other sources' because the provisions of sections 69, 69A, 698, and 69C treat unexplained investments, unexplained money, bullion, etc., and unexplained expenditure as deemed income where the nature and source of investment, acquisition or expenditure, as the case

ASSTT. COMMISSIONER OF INCOME-TAX, CIRCLE-5, PUNE, PUNE vs. SANGAM PRESS PRIVATE LIMITED , PUNE

Appeal is dismissed

Bench: Shri R. K. Panda & Shri Satbeer Singh Godaraआयकर अपील सं. / Ita No.674/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Acit, Circle-5, Pune. Vs. Sangam Press Private Limited, 17-B, Sangam House, Sangam Press Road, Pune- 411038. Pan : Aaccs5995B Appellant Respondent Revenue By : Shri Ajay Kumar Keshari Assessee By Shri C. H. Naniwadekar : Date Of Hearing : 10.09.2024 Date Of Pronouncement : 25.10.2024 आदेश / Order Per Satbeer Singh Godara, Jm: This Revenue’S Appeal For Assessment Year 2017-18 Arises Against The Commissioner Of Income Tax (Appeals)-12, [In Short The “Cit(A)”] Pune’S Din & Order No.Itba/Apl/S/250/2023- 24/1060642739(1), Dated 08.02.2024, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”). Heard Both The Parties. Case File Perused.

housing projects only when the conditions in respect of sale of goods as aforesaid are satisfied. 6 ACCOUTING PRACTICE AND COMPUTATION OF INCOME CONSIDERED BY THE INCOME TAX OFFICERS IN SCRUTINY ASSESSMENTS. 7. The company in the AY 2016-17 has followed the project completion method and Assessment was completed without any variance vide order dated 23.12.2018. Similarly

RANGANATH SALKE,,PUNE vs. ADDL. COMMISSIONER OF INCOME TAX, RANGE -8,, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.701/Pun/2018 िनधा"रण वष" /Assessment Year: 2011-12 Ranganath Salke, The Addl. Commissioner Plot No.2, Sector-2, Saraswati Vs Of Income Tax, Range-8, Niwas, Indrayani Nagar, Bhosari, Pune. Pune – 411026. Pan: Akxps 7012 D Appellant/ Assessee Respondent/ Revenue Assessee By None. Revenue By Shri S.P.Walimbe – Dr Date Of Hearing 27/06/2022 Date Of Pronouncement 05/08/2022 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)-6, Pune, Order Dated 09.02.2018 Emanating Out Of Order Under Section 143(3) Of The Act Dated 31.12.2013 For The Assessment Year 2011-12. The Assessee Has Raised The Following Grounds Of Appeal: “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Act It Be Held That Addition Made Of Rs.49,37,145/- By Restricting The Claim Of Agricultural Income Claimed By The Appellant At Rs .53 Lakhs & Thereby Treating The Same As Income From Other Sources, Is Not In Accordance With The Provision Of The Ac The Additions So Made Be Deleted Or In Alternate Reduced Substantially. Just & Props Relief Granted To The Appellant.

section 143(3) of the Act dated 31.12.2013 for the Assessment Year 2011-12. The Assessee has raised the following grounds of appeal: “1. On facts and circumstances prevailing in the case and as per provisions & scheme of the Act it be held that addition made of Rs.49,37,145/- by restricting the claim of agricultural income claimed

ROASHAN VISHNU PATHARE, L/H OF VISHNU TUKARAM PATHARE,,PUNE vs. INCOME-TAX OFFICER, WARD - 4(4),, PUNE

Appeal is partly allowed for statistical purposes in above terms

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपील सं./ Ita No.221/Pun/2018 धनधाारण वषा / Assessment Year : 2012-13

145 (Old)/2015-16, involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short "the Act”. 2 A.Y. : 2012-13 Shri Roashan Vishnu Pathare, Heard both the parties. Case file perused 2. Coming to Assessee’s first and foremost substantive ground raised in the instant appeal challenges correctness of both the lower authorities action disallowing section 54F deduction

PUNE MATHADI HAMAL AND OTHER MANUAL WORKERS BOARD,PUNE vs. INCOME TAX OFFICER, WARD-5(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1012/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Pune Mathadihamal & Other The Income Tax Manual Workers Board, V Officer, Shramashakti Bhavan, S Ward-5(1), Pune. Coomercial Plot No.1, Market Yard, Pune – 411037. Pan: Aaalp0097L Appellant/ Assessee Respondent /Revenue Assessee By Shri Vipul Joshi – Ar Revenue By Shri Ajay Kumar Keshari & Shri Rajesh Gawali– Dr’S Date Of Hearing 17/04/2024 Date Of Pronouncement 27/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Commissionerof Income Tax(Appeals)[Nfac], Under Section 250 Of The Act Dated 14.07.2023 :

sections 11 and 12 shall apply in respect of any income derived from property held under trust of any assessment year preceding the aforesaid assessment year, for which assessment proceedings are pending before the Assessing Officer as on the date of such registration and the objects and activities of such trust or institution remain the same for such preceding assessment

APPASO SAMPATRAO MANE,PUNE vs. ITO WARD 7(1), PUNE

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

145 days in filing the appeal, despite the\nappellant being non resident and explained sufficient cause for the delay by way\nof an affidavit.\n1.2 The learned CIT(A) failed to appreciate the fact that the appellant, an NRI\nresiding in the USA since 2014, did not access his registered email provided to\nPAN Database, after leaving India

ASHWINI SAHAKARI RUNGNALAYA & RESEARCH CENTER,,SOLAPUR vs. COMMISSIONER OF INCOME-TAX, (EXEMPTIONS),, PUNE

Bench: Hon’Ble Shri S. S. Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No. 714/Pun/2018 Ashwini Sahakari Rugnalaya & Research Centre 7107/1, Plot No. 180, North Sadar Bazar, Solapur-413003. Pan: Aaaja0041K . . . . . . . अपीलार्थी / Appellant

145 Taxmann.com 442 [66 CCH 352 & 221 TTJ 109] which in turn relied on the decision rendered in present appellant’s case by the Hon’ble Apex Court reported in 130 Taxmann.com 366 (SC), it is contended that the assessee has not categorized the rates for each service category i.e. (a) price charged for providing medical facilities free of cost/charity

INCOME -TAX OFFICER,, PUNE vs. M/S. YASH ASSOCIATES,, PUNE

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1164/Pun/2016 यििाारण वषा / Assessment Year : 2012-13 The Income Tax Officer, अऩीऱाथी/Appellant Ward 12(1), Pune …. Vs. M/S. Yash Associates, 401, 4Th Floor, Shreepal Chambers, 481/C, Shaniwar Peth, …. प्रत्यथी / Respondent Pune – 411030 Pan: Aaafy6149E

145 flats of phase-I and revenue was booked for 134 flats only. The phase-II project was still in work-in-progress stage during assessment year 2010-11. The case of assessee was that it had started project on 02.08.2006, which was completed by 10.03.2010, hence within period allowed under section 80IB(10)(a) of the Act. In respect

INCOME-TAX OFFICER vs. YASH ASSOCIATES,, PUNE

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1164/Pun/2016 यििाारण वषा / Assessment Year : 2012-13 The Income Tax Officer, अऩीऱाथी/Appellant Ward 12(1), Pune …. Vs. M/S. Yash Associates, 401, 4Th Floor, Shreepal Chambers, 481/C, Shaniwar Peth, …. प्रत्यथी / Respondent Pune – 411030 Pan: Aaafy6149E

145 flats of phase-I and revenue was booked for 134 flats only. The phase-II project was still in work-in-progress stage during assessment year 2010-11. The case of assessee was that it had started project on 02.08.2006, which was completed by 10.03.2010, hence within period allowed under section 80IB(10)(a) of the Act. In respect

INCOME -TAX OFFICER,, PUNE vs. M/S. YASH ASSOCIATES,, PUNE

In the result, all the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1164/Pun/2016 यििाारण वषा / Assessment Year : 2012-13 The Income Tax Officer, अऩीऱाथी/Appellant Ward 12(1), Pune …. Vs. M/S. Yash Associates, 401, 4Th Floor, Shreepal Chambers, 481/C, Shaniwar Peth, …. प्रत्यथी / Respondent Pune – 411030 Pan: Aaafy6149E

145 flats of phase-I and revenue was booked for 134 flats only. The phase-II project was still in work-in-progress stage during assessment year 2010-11. The case of assessee was that it had started project on 02.08.2006, which was completed by 10.03.2010, hence within period allowed under section 80IB(10)(a) of the Act. In respect

SHREE BALAJI REALTY,PUNE vs. INCOME TAX, CENTRAL CIRCLE 2(3), PUNE, PUNE

In the result, appeals for assessment years 2017-18 and 2018-19 are allowed and the appeal for assessment year 2019-20 is partly allowed

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

145, the estimation of 'on-money' on machines was also upheld for the period prior to the period for which evidence was found. 6.3Calculation of on-money: The evidences of on money are found with respect to following shops details of which are as below: Sr Name Flat/Shop on money Considera % of on- Date of No tion

SHREE BALAJI REALTY ,PUNE vs. INCOME TAX, CENTRAL CIRCLE 2(3), PUNE , PUNE

In the result, appeals for

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

property has been executed and second is calculation of cash component as on-money. Similarly noting could be seen from the other documents seized during the search. 5.3 Further, it is evident from the statement of Shirish Bhanudas Ranpise (Sales Manager in Shree Balaji reality) that he has not only admitted the receipt of on money by the Assessee Firm