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

house property in respect of Talegaon flat of Rs.31,920/- and Rs.42,000/- from Lunkad Collonade Viman Nagar property is concerned, it is the submission of the Ld. Counsel for the assessee that due to some arithmetical error, there was shortfall in disclosing that rental income but rental income from the above two properties was disclosed. We find some force

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

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:

48,772/- made by the Assessing Officer towards notional rent for the property held as stock in trade. Appellant prays for the cancellation of addition. 2. The Learned Commissioner of Income Tax (Appeals), NFAC has erred in confirming the addition of Rs.7,33,762/- on account of interest on fixed deposits, without appreciating that the said interest income

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

section 23(1) of the Act which has remained to be considered by the A.O. while computing the income under the head 'Income from House Property'.” 3. The facts in brief are that the assessee filed his returns for AYs 2016-17 and 2017-18 on 16.10.2016 and 30.10.2017 declaring income of Rs.1,57,63,230/- and Rs.30,48

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

section 23(1) of the Act which has remained to be considered by the A.O. while computing the income under the head 'Income from House Property'.” 3. The facts in brief are that the assessee filed his returns for AYs 2016-17 and 2017-18 on 16.10.2016 and 30.10.2017 declaring income of Rs.1,57,63,230/- and Rs.30,48

M/S WATERFRONT HOUSING & HOSPITALITY PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-12(2), PUNE, PUNE

In the result, the appeal filed by the assessee stands dismissed

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.1100/Pun/2023 िनधा"रण वष" / Assessment Year : 2015-16 M/S. Waterfront Housing & Vs. Ito, Ward-12(2), Pune. Hospitality Pvt. Ltd., 3Rd Floor, Rajyog Creations Apts, Anand Park, Aundh, Pune- 411007. Pan : Aaacw9020F Appellant Respondent Assessee By : Shri Hari Krishan Revenue By : Shri A. K. Mahala Date Of Hearing : 14.11.2023 Date Of Pronouncement : 15.11.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 21.08.2023 For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Disallowance Of Deduction U/S 48(Ii) Of The Income Tax Act From The Long Term Capital Gains, In Respect Of The Indexed Cost Of Interest Paid For The Acquisition Of The House Property Sold By The Assessee, Made By The Assessing Officer By Travelling Beyond The Issue For Which This Case Was Selected For Limited Scrutiny Under Cass Is Without Jurisdiction. 2. The Ld. Commissioner Of Income Tax (Appeals) Has Eared Is Not Allowing The Deduction Of Rs.24,38,826/- U/S 48(Ii) From The Long Term

48(ii) from the Long Term 2 Capital Gains in respect of the indexed cost of interest of Rs.18,33,363/- paid for acquisition of the house property sold by the assessee. 3. The assessee craves leave to add, to modify to delete or to amend any or all of the above grounds of appeal.” 3. The appellant also raised

VIVEK NATHURAM GAVHANE,PUNE vs. THE PR. COMMISSIONER OF INCOME TAX, CENTRAL, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.849/Pun/2025 Assessment Year : 2020-21

48,728/- 1,20,000/- Shop No.46 4 Warehouse at Vadki 26,45,721/- 18,58,280/- (60% portion) 81,24,101/- 44,28,280/- 10. We further notice that during the course of impugned proceedings assessee made submissions giving details of the 8 Vivek Nathuram Gavhane facts of the case about the properties which have been utilized partly

DIMPLE RAJESH OSWAL,PUNE vs. INCOME TAX OFFICER WARD 5(1), PUNE

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

Bench: Shri R. K. Pandaassessment Year : 2016-17

house before accounting year 2014-15 then no income could be deemed on account of lower payment of purchase price. Accordingly the Tribunal held that the provisions of 8 section 56(2)(vii)(b) of the Act are not applicable. He submitted that since in the instant case the assessee had made the initial booking in the year

JAGANNATH SAMBHAJI SATAV,PUNE vs. ITO WARD 12(4), PUNE, PUNE

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

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

48 of the IT Act, Chargeability of capital gains was based on full value of consideration received/accruing as a result of transfer. The assessee has not brought on record about the instance of cost and date of acquisition. In the absence of such requisite details, such deductions are not ascertainable and hence not considered. The 5 ITA No.607/PUN/2024

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 and capital gain in his return for AY 2022-23. The case of the assessee was selected for scrutiny under CASS to verify the issue of high ratio of refund. Statutory notice(s) u/s 142(1) and 143(2) of the Act were issued and served upon the assessee. In response thereto, the assessee submitted part detail/documents/evidences. Subsequently

SUSHILA SUDHAKAR PINGALE,PEN vs. ITO, WARD 3, PANVEL, PANVEL

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.869/Pun/2025 िनधा"रण वष" / Assessment Year: 2013-14 Sushila Sudhakar Pingale, V The Income Tax Officer, Pezari, Poynad Alibag, S Ward-3, Panvel. Raigad – 402109. Maharashtra. Pan: Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Madhan Thirmanpallil – Addl.Cit(Dr) – Virtual Hearing. Date Of Hearing 15/05/2025 Date Of Pronouncement 26/05/2025

48 and levying concessional tax rate as per section of 112 of the IT Act, 1961. The addition being unjustified is required to be deleted. 3. The Hon CIT(A) erred in denying the appellant, exemption u/s 54 of the IT Act, 1961 to the extent of Rs.14,31,056/- on account of investment in new house property

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

NITIN DWARKADAS NYATI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

Housing, therefore, no disallowance out of administrative expenses of Rs.5,48,34,968/- can be made. So far as the various expenses debited in the Profit & Loss Account in the books of Nitin Nyati is concerned, he submitted that the assessee has given complete bifurcation of the total amount of Rs.1,06,94,843/-. He submitted that

DCIT CIRCLE 1 NASHIK, NASHIK vs. SHREE SAI PROPERTIES, NASHIK

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

48, 49, 52, 53, 55, 76 & 84. ACIT (2022) 444 ITR 97 Even assessments completed u/s 153A (Guj) dtd 31-01-2022 were reopened u/s 147/148 holding therefore that the non obstante clause in section 153A did not exclude the applicability of section 147/148. 3. CIT vs Anil Kumar Bhatia Paras 18, 19, 21 & 22. 24 taxmann.com 98(Delhi

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

48 of IT Act Cost of acquisition Rs 24,15,633/- Cost of acquisition with indexation Rs 49,12,875/- Expenditure in connection with transfer of property Rs.3,25,000/- _____________________________________________________________ Balance Rs.3,22,52,126/- Deduction u/s 54F of IT Act Rs 3,03,74,563/- _____________________________________________________________ Actual Long Term Capital gain Rs. 18,87,563/-” 4. He, therefore, asked

DHAS KISHOR RAMCHANDRA, AURANGABAD vs. DWARKAPRASAD BHIKULAL SONI, JALNA

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

property mentioned on seized documents is written as Vimannagar, the said area is in Pune and not in Jalna. Thus, addition made on probability and presumption on the basis of dumb documents is not sustainable. The AO has not been able to prove that the appellant has received on money on sale of residential house. Therefore, the impugned addition

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

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