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

5. Without prejudice to the above grounds, if at all, it is held that the provisions of section 23(1)(a) are attracted to the instant case, then the assessee submits that the A.O. may please be directed to adopt the municipal ratable value of the property as annual value u/s 23(1)(a) and he addition made

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

5. Without prejudice to the above grounds, if at all, it is held that the provisions of section 23(1)(a) are attracted to the instant case, then the assessee submits that the A.O. may please be directed to adopt the municipal ratable value of the property as annual value u/s 23(1)(a) and he addition made

M/S. GREAT FORTUNE INVESTMENTS AND INFRASTRUCTURE PVT.LTD,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, NASHIK

The appeal of the assessee is allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No.2325/Pun/2017 निर्ाारण वषा / Assessment Year : 2014-15 Great Fortune Investments & The Assistant Commissioner Of Infrastructure Pvt. Ltd., Vs Income Tax, Shop No.6, Rushiraj Heights, Near Cirlce-1, Nashik. Nmc Water Tank, Parijat Nagar, Mahatma Nagar, Nahik. Pan: Aaccg 6406 F Appellant/ Assessee Respondent /Revenue Assessee By Shri Sanket M Joshi – Ar Revenue By Shri S.P.Walimbe - Dr Date Of Hearing 10/02/2022 Date Of Pronouncement 08/04/2022

house property as deemed rent under section 23 of the Income Tax Act, 1961.” ITA No.2325/PUN/2017 for A.Y. 2014-15 Great Fortune Investments & Infrastructure Pvt. Ltd., (A) Based on the Inspector’s Report the AO decided the deemed rent of the impugned properties and made addition to the total income. The Assessee filed appeal before

KUMAR PROPERTIES AND REAL ESTATE PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपील सं. / Ita No.2977/Pun/2017 िनधा"रण वष" / Assessment Year 2013-14 Kumar Properties & Real Estate Vs. Dcit, Circle-14, Private Limited, Pune Ist Floor, Kumar Capital, East Street, Camp, Pune – 411 001 Pan : Aaack7490H Appellant Respondent Assessee By Shri Rajan Vora & Shri Rajendra Agiwal Revenue By Shri Vitthal Bhosale Date Of Hearing 27.04.2021 Date Of Pronouncement 28-04.2021 आदेश / Order Per R.S. Syal, Vp : This Appeal By The Assessee Is Directed Against The Order Passed By The Cit(A)-7, Pune On 01.09.2017 In Relation To The Assessment Year 2013-14. 2. The Assessee Has Assailed Confirmation Of Addition Of Rs.1,47,65,688/- Towards Deemed Rental Income On Stock-In-Trade Of Unsold Flats/Bungalows Held By The Assessee, As A First Major Issue. Succinctly, The Factual Panorama Of The Case Is That The Assessee Has Been Engaged In The Business Of Development Of Properties With The Projects `Kumar Infinia’ & `Kumar Picasso’

5) of section 23 w.e.f. 01.04.2018 reading as under:- `Where the property consisting of any building or land appurtenant thereto is held as stock-in-trade and the property or any part of the property is not let during the whole or any part of the previous year, the annual value of such property or part of the property

MAHANAGAR CONSTRUCTIONS,,PUNE vs. INCOME-TAX OFFICER, WARD - 7(2),, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.623/Pun/2018 िनधा"रण वष" / Assessment Year : 2014-15 Mahanagar Constructions, S.No.129, H.No.1/2, Hari Ganga, Near Rto Office, Yerwada, Pune-411006. .......अपीलाथ" / Appellant Pan : Aajfm8909K बनाम / V/S. Ito, Ward-7(2), ……""यथ" / Respondent Pune. Assessee By : Shri Vipin Gujrathi Revenue By : Shri N. Ashok Babu सुनवाई क" तारीख / Date Of Hearing : 15.07.2019 घोषणा क" तारीख / Date Of Pronouncement : 05.09.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-5, Pune Dated 12.12.2017 For The Assessment Year 2014-15. 2. The Grounds Raised By The Assessee Are As Under :- “1) On The Facts & In The Circumstances Of The Case & In Law The Honorable Cit (Appeals) - 5, Pune Erred In Confirming The Addition Of Rs 11,59,200/- To The Income Of The Appellant Under The Head “Income From House Property” Being The Annual Letting Value Of The Unsold Units Lying As Stock In Trade Of The Appellant Without Appreciating The Fact That The Appellant Is Engaged In The Business Of Real Estate Development & The Unsold Flats Are Held As Stock In Trade & Not As Investments. The Appellant Hereby Prays That The Addition May Please Be Deleted. 2) Without Prejudice To Ground Of Appeal No. 1, On The Facts & In The Circumstances Of The Case & In Law The Honorable Cit (Appeals) - 5, Pune

house property. Further, it is an undisputed fact the provisions of section 23(5) of the Act was amended by the Finance

SHETH CHIMANLAL GOVINDDAS MEMORIAL TRUST,PUNE vs. CIT(EXEMPTION), PUNE, PUNE

In the result, appeal of the assessee is dismissed

23 of 1955),\na subsidiary bank as defined in the State Bank of India (Subsidiary\nBanks) Act, 1959 (38 of 1959), a corresponding new bank constituted\nunder section 3 of the Banking Companies (Acquisition and Transfer of\nUndertakings) Act, 1970 (5 of 1970), or under section 3 of the Banking\nCompanies (Acquisition and Transfer of Undertakings

BRAHMAN SABHA KARVEER,MAHARASHTRA vs. CIT EXEMPTION PUNE, CIT EXEMPTION PUNE

In the result, appeal of the assessee is allowed for

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

properties and building constructions appearing in balance sheet. xi. Detailed list of salary payments to teaching and non- teaching staff along with TDS made, PF deducted, Profession Tax Deducted and copies of TDS returns & Profession Tax Returns filed for the last 3 years. xii. Year-wise details of addition to building fund and other funds with evidence of its source

SHRUTI PATNI,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

Appeal is partly allowed for statistical purposes in above terms

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2016-17 Mrs. Shruti Patni Vs. Dcit, S.No.1A, Irani Market Circle-7, Pune Compound, Yerawada, Pune – 411006 Pan : Alsps5573R Appellant Respondent

house property b) In not appreciating that the assessee has taken reasonable efforts to let out the property and hence by applying the provisions of section 23(1)(c) r.w.s. 23(1)(a) the annual value of the property should be taken at „Nil‟. 2. Without prejudice to above, in confirming the computation of annual value @ Rs.52 per sq. feet

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

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

ARIHANT VASTUNIRMAN PRIVATE LIMITED,RATNAGIRI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, KOLHAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.448/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Arihant Vastunirman Private Vs. Acit, Circle-1, Kolhapur. Limited, Office No.1, Siddhivinayak Community Hall, Shivaji Nagar, Siddhivinayak Nagar, Ratnagiri- 415612. Pan : Aakca4408K Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 14.08.2024 Date Of Pronouncement 23.10.2024 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.02.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Confirming The Addition By The A.O. Of Rs.34,14,922/- Representing Notional Rental Income In Respect Of Unsold Flats Forming Part Of Closing Inventory Of The Appellant.

property held as stock in trade was used for the purposes of business, therefore, section 23(4) does not apply. Ld. Counsel of the assessee further submitted that when the Hon’ble High Court decided the case of CIT vs. Ansal Housing Finance Ltd, section 23(5

DCIT, CC-2(1), PUNE, PUNE vs. VINOD RAMCHANDRA JADHAV, PUNE

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2010-11 Dcit, Vinod Ramchandra Jadhav Central Circle 2(1), Vs. Plot No.42-44, Green Park Society, Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessment Year : 2010-11 Vinod Ramchandra Jadhav Dcit, Plot No.42-44, Green Park Society, Vs. Central Circle 2(1), Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Ajay Kumar Keshari – Cit & Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 23-01-2025 Date Of Pronouncement : 21-04-2025 O R D E R

23. So far as the income from house property amounting to Rs.3,88,920/- is concerned, the Ld. Counsel for the assessee submitted that the assessee in his original return has declared the income from house property of Rs.1,46,524/- (from Lunkad colonnade, Pune - Rs.1,21,324/- and for Talegaon flat Rs.25,200/-) and in the statements of facts

VINOD RAMCHANDRA JADHAV,PUNE vs. DCIT, CC-2(1), PUNE, PUNE

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is partly allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2010-11 Dcit, Vinod Ramchandra Jadhav Central Circle 2(1), Vs. Plot No.42-44, Green Park Society, Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessment Year : 2010-11 Vinod Ramchandra Jadhav Dcit, Plot No.42-44, Green Park Society, Vs. Central Circle 2(1), Pune Viman Nagar, Pune – 411014 Pan: Aanpj0592P (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Ajay Kumar Keshari – Cit & Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 23-01-2025 Date Of Pronouncement : 21-04-2025 O R D E R

23. So far as the income from house property amounting to Rs.3,88,920/- is concerned, the Ld. Counsel for the assessee submitted that the assessee in his original return has declared the income from house property of Rs.1,46,524/- (from Lunkad colonnade, Pune - Rs.1,21,324/- and for Talegaon flat Rs.25,200/-) and in the statements of facts

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

Property Flat 3123 : Rs2,75,90,100 (Being higher of two flat values) Exemption Under Section 54F : Rs 2,62,26,573/- Exemption Under Section 54EC : Rs 50,00,000/- ............................. 20 Taxable Gain : Rs 7,74,10,936/- 5.4 Preliminary Objection of the assessee against the proceedings under section 263 of the Act 5.4.1 The assessee raised preliminary objection against

SOLUTIONEYES CONSULTANCY SERVICES AND CONSTRUCTION PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD -6(5),, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

house property’. Contrary position was taken by the Hon’ble Gujarat High Court in the case of CIT vs. Neha Builders (P.) Ltd., 296 ITR 661 (Gujarat). The Legislature also enacted sub-section (5) of section 23

PRANJAL CONSTRUCTIONS PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

house property’. Contrary position was taken by the Hon’ble Gujarat High Court in the case of CIT vs. Neha Builders (P.) Ltd., 296 ITR 661 (Gujarat). The Legislature also enacted sub-section (5) of section 23

PRANJAL CONSTRUCTIONS PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -4, , PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

house property’. Contrary position was taken by the Hon’ble Gujarat High Court in the case of CIT vs. Neha Builders (P.) Ltd., 296 ITR 661 (Gujarat). The Legislature also enacted sub-section (5) of section 23

HOMELAND CONSTRUCTIONS PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.17/Pun/2019 निर्धारण वषा / Assessment Year : 2015-16 M/S. Homeland Construction Pvt. Ltd., 5, 100/4, The Retreat Salisbury Park, Near Poonawala Bunglow, Pune – 411037 Pan: Aabch8510Q .......अऩीऱाथी / Appellant बिधम / V/S. The Asst. Commissioner Of Income Tax, Circle 11, Pune ……प्रत्यथी / Respondent

house property’. Contrary position was taken by the Hon’ble Gujarat High Court in the case of CIT vs. Neha Builders (P.) Ltd., 296 ITR 661 (Gujarat). The Legislature also enacted sub-section (5) of section 23

INDIAN MEDICAL ASSOCIATION PUNE BRANCH,SHUKRAWAR PETH vs. DCIT EXEMPTION CIRCLE, PUNE, SWARGATE

In the result, all the 5 appeals filed by the assessee are allowed

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

House, Tilak Road, Pune – 411002 PAN : AAATI2653M (Appellant) (Respondent) Assessee by : Shri Nikhil S Pathak Department by : Shri Ramnath P Murkunde Date of hearing : 14-07-2025 Date of pronouncement : 31-07-2025 O R D E R PER R.K. PANDA, V.P: The above batch of 5 appeals filed by the assessee are directed against the separate orders dated