MR. SAMBHAJI MARUTI KATKAR,PUNE vs. ITO, WARD 6(1), PUNE, PUNE

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

house need not be purchased by the assessee in his own name nor is it necessary that it should be purchased exclusively in his name. DIT vs. Mrs. Jennifer Bhide [2011] 15 taxmann.com 82 (Kar HC) - The assessee sold her residential property and invested sale proceed on purchase of residential property and bonds & claimed exemption u/s 54 and 54EC

INCOME AX OFFICER, WARD-6(1), PUNE vs. SAMBHAJI MARUTI KATKAR, PUNE

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

house need not be purchased by the assessee in his own name nor is it necessary that it should be purchased exclusively in his name. DIT vs. Mrs. Jennifer Bhide [2011] 15 taxmann.com 82 (Kar HC) - The assessee sold her residential property and invested sale proceed on purchase of residential property and bonds & claimed exemption u/s 54 and 54EC

MOHD SHAFI MOHD YUSUF PATEL,,RAIGAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - PANVEL,, PANVEL

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri C.M. Gargआयकर अपील सं. / Ita No.70/Pun/2018 िनधा"रण वष" / Assessment Year : 2014-15

160/- from the letting out of his ancestral property to M/s Balaji Warehousing and 2 Mohs. Shafi Mohd Yusuf Patel Pest Control Services Pvt. Ltd. After claiming standard deduction at 30% u/s.24 of the Income-tax Act, 1961 (hereinafter also called ‘the Act.), the assessee declared income under the head `Income from house property’ at Rs.35,84,112/- There

SUNIL RAMNARAYAN MANTRI,JALGAON vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1,JALGAON, JALGAON

In the result, the appeals of the assessee for both the AYs 206-17

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

house property’. Accordingly, the Ld. AO completed the assessment for AY 2016- 17 on 26.12.2018 and for AY 2017-18 on 15.12.2019 on total income of Rs.2,15,53,035/- and Rs.96,15,704/- u/s 143(3) of the Act including therein the impugned addition of Rs.52,83,945/-, respectively. 4. Aggrieved, the assessee filed appeal before

SUNIL RAMNARAYAN MANTIR,JALGAON vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JALGAON, JALGAON

In the result, the appeals of the assessee for both the AYs 206-17

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

house property’. Accordingly, the Ld. AO completed the assessment for AY 2016- 17 on 26.12.2018 and for AY 2017-18 on 15.12.2019 on total income of Rs.2,15,53,035/- and Rs.96,15,704/- u/s 143(3) of the Act including therein the impugned addition of Rs.52,83,945/-, respectively. 4. Aggrieved, the assessee filed appeal before

HINDUMAL BALMUKUND INVESTMENT CO.PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX-1,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 562/Pun/2019 नििाारण वषा / Assessment Year : 2014-15 Hindumal Balmukund Investment Co. Pvt. Ltd. 2Nd Floor, Lohia Jain House, Bhandarkar Road, Pune-411 004 Pan : Aaach4226Q .......अऩीऱाथी / Appellant बिाम / V/S. The Pr. Commissioner Of Income Tax-1, Pune. ……प्रत्यथी / Respondent

house property which was already considered under the head Income from Business and vice versa. As a sequel, the claim u/s 4 A.Y.2014-15 80IA(4) of Rs.7,64,02,294/- was corrected to Rs.4,44,39,344/- in the revised computation. 4. The AO, after considering the revised computation which reflected Gross Total Income at Rs.4

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.

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

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.

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

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.

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

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

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.

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

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.

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

SATISH PANDURANG PAWAR,NASHIK vs. INCOME TAX OFFICER ITO WARD 2(1),NASHIK/, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No’S.361 & 362/Pun/2023 िनधा"रण वष" / Assessment Years : 2017-18 & 2018-19 Satish Pandurang Pawar, The Income Tax Officer, 602, Royal Orchid, Near Indian Vs Ward-2(1), Nashik. Oil Petrol Pump, Katraj Bypass, Ambegaon, Pune – 411046. Pan: Abfpp 1207 Q Appellant / Assessee Respondent / Revenue Assessee By Shri Yogesh Gawali – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 03/05/2023 Date Of Pronouncement 05/07/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax (Appeal)National Faceless Appeal Centre, Delhi Both Dated 27.02.2023 Emanating From The Penalty Order Dated 19.01.2022 & 18.01.2022 Under Section 270A Of The Income Tax Act, 1961 For The A.Y.2017-18 & 2018-19 Respectively. The Assessee For A.Y.2017- 18 Has Raised The Following Grounds Of Appeal: “1. The Learned Cit Is Not Justified In Raising Penalty U/S 270A Of Rs.1,57,400/- On The Ground That The Assesses Has Furnish

section 270A of the Income Tax Act, 1961 for the A.Y.2017-18 & 2018-19 respectively. The Assessee for A.Y.2017- 18 has raised the following grounds of appeal: “1. The learned CIT is not justified in raising penalty u/s 270A of Rs.1,57,400/- on the ground that the assesses has furnish ITA No.361 & 362/PUN/2023 Satish Pandurang Pawar [A] inaccurate particulars

SATISH PANDURANG PAWAR,NASHIK vs. INCOME TAX OFFICER ITO WARD 2(1),NASHIK/, NASHIK

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No’S.361 & 362/Pun/2023 िनधा"रण वष" / Assessment Years : 2017-18 & 2018-19 Satish Pandurang Pawar, The Income Tax Officer, 602, Royal Orchid, Near Indian Vs Ward-2(1), Nashik. Oil Petrol Pump, Katraj Bypass, Ambegaon, Pune – 411046. Pan: Abfpp 1207 Q Appellant / Assessee Respondent / Revenue Assessee By Shri Yogesh Gawali – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 03/05/2023 Date Of Pronouncement 05/07/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax (Appeal)National Faceless Appeal Centre, Delhi Both Dated 27.02.2023 Emanating From The Penalty Order Dated 19.01.2022 & 18.01.2022 Under Section 270A Of The Income Tax Act, 1961 For The A.Y.2017-18 & 2018-19 Respectively. The Assessee For A.Y.2017- 18 Has Raised The Following Grounds Of Appeal: “1. The Learned Cit Is Not Justified In Raising Penalty U/S 270A Of Rs.1,57,400/- On The Ground That The Assesses Has Furnish

section 270A of the Income Tax Act, 1961 for the A.Y.2017-18 & 2018-19 respectively. The Assessee for A.Y.2017- 18 has raised the following grounds of appeal: “1. The learned CIT is not justified in raising penalty u/s 270A of Rs.1,57,400/- on the ground that the assesses has furnish ITA No.361 & 362/PUN/2023 Satish Pandurang Pawar [A] inaccurate particulars

BALU VITTHAL KHARATE,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, NASHIK

Appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

Section 54F which applies to purchase of New House Property, whereas the assessee has relied on the following judgments: i) Laxmi Narayan Vs. Commissioner of Income Tax, (2018) 89 taxmann.com 334 ( Rajasthan) ii) Commissioner of Income Tax Vs. Gurnam Singh (2008) 170 taxman 160

BHIMA DADA KHARATE,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -1, , NASHIK

Appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm

Section 54F which applies to purchase of New House Property, whereas the assessee has relied on the following judgments: i) Laxmi Narayan Vs. Commissioner of Income Tax, (2018) 89 taxmann.com 334 ( Rajasthan) ii) Commissioner of Income Tax Vs. Gurnam Singh (2008) 170 taxman 160

NANDLAL DULICHAND GUPTA,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

Appeals are partly allowed for statistical purposes in above terms

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

properties made between 01.04.2014 to 31.03.2015 as follows : 6. “We keep it in mind the foregoing well defined parameters of the CIT/PCIT’s revision jurisdiction and revert to the fact of the instant 18 ITA.Nos.926 & 927/PUN./2019 Shri Nandlal Dulichand Gupta, Pune. case. Learned CIT-DR vehemently argued that the legislature has amended the clinching statutory expression “a residential

HANUMANT CHANGDEO NAKHATE,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

Appeal is partly allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmashaliassessment Year 2015-16 The Dcit, Circle-8, Shri Hanumant Changdeo Pratyakshakar Bhavan, Nakhat, Bapu Niwas, Ram Vs Dr. Ambedkar Marg, Nagar, Rahatani, Nr. Akurdi Rly Station, Pune – 411 017. Pradhikaran, Pune Pan Acypn6082D Pin 411 044. Appellant Respondent

properties made between 01.04.2014 to 31.03.2015 as follows : 5. “Both the learned representatives reiterated their respective stands against and in support of the learned PCIT’s impugned revision directions. The first and foremost issue that arises for our apt adjudication is regarding the allowability of assessee’s section 54F deduction claim regarding reinvestment of his long term capital gains

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

In the result, all the above 6 appeals filed by the Revenue are dismissed and

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

160 taxmann.com 608 (SC). In that case, the assessing officer made additions undersections 68 and 69 by relying on statements from 'entry operators', by rejectingthe assessee's revised return claiming exemption under section 10(38) for long-term capital gains. On appeal, Commissioner (Appeals) accepted assessee's claim, noting that shares were purchased via Account Payee Cheques, held