VIPINCHANDRA M. CHOKHAWALI,NAVAPUR vs. THE INCOME TAX OFFICER, WARD-1, DHULE

In the result, the appeal filed by the assessee is allowed and the Stay Application filed by the assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1551/Pun/2024 "नधा"रण वष" / Assessment Year : 2018-19 Along With Stay Application 06/Pun/2024 (Arising Out Of Ita No.1551/Pun/2024) Vipinchandra M. Chokhawala, Vs. Ito, Ward-1, Old Station Road, Dal Mill, Dhule Nandurbar, Navapur-425418 Maharashtra Pan : Adnpc8588M Appellant Respondent

2. Briefly, the facts of the case are that the appellant is an individual deriving income under the head “House Property, Income from S.A.No.06/PUN/2024 Partnership firms, Capital Gains and Income from Other sources. The Return of Income for the A.Y. 2018-19 was filed on 04.10.2018 declaring total income of Rs.78,24,250/-. Against the said return of income

PANDURANG KASHINATH BHILARE,PUNE vs. ITO, (IT) WARD 1, PUNE, PUNE

In the result the appeal of the Assessee is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.198/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Pandurang Kashinath Bhilare, V The Income Tax Rh 05, Insignia, Lane 2, S Department, Ito,(It) Pashan Sus Road, N.I.A.S.O., Ward-1, Pune. Murkutenagar(N.V.), Pune – 411045. Maharashtra. Pan: Ajxpb9871A Appellant/ Assessee Respondent / Revenue Assessee By Assessee In Person Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 05/06/2025 Date Of Pronouncement 21/07/2025

property by receiving consideration lesser than the stamp duty value are strictly governed by the provisions of section 43CA and the purchaser has nothing to do with this. As the violation of provisions of Section 56(2)(x)(b) of the Income-tax Act(with effect from 01/04/2017) is prima facie apparent from the copy of index-ii and provisos

MANOJ JAIKUMAR TIBREWALA,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1,, NASHIK

Accordingly. We make it clear that the assessee shall be at liberty to file all the relevant details in consequential proceedings. This last appeal ITA No. 609/Pun/2019 is allowed for statistical p...

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteit(Ss)A Nos. 06 & 07/Pun/2017 (Assessment Years: 2012-13 & 2013-14) Shri Manoj Jaikumar Tibrewala Acit, Central Circle-1 Vastu Shilp, Ground Floor Kendriya Rajaswa Bhavan Godavari Housing Society Vs. Gadkari Chowk Boys Town School Road Old Agra Road, Nashik Nashik 422005 Pan – Aakpt7009G Appellant Respondent Appellant By: Shri Pamod S. Shingte Respondent By: Shri S.P. Walimbe Date Of Hearing: 25.04.2022 Date Of Pronouncement: 10.05.2022

Housing Society Vs. Gadkari Chowk Boys Town School Road Old Agra Road, Nashik Nashik 422005 PAN – AAKPT7009G Appellant Respondent Appellant by: Shri Pamod S. Shingte Respondent by: Shri S.P. Walimbe Date of Hearing: 25.04.2022 Date of Pronouncement: 10.05.2022 O R D E R Per S.S. Godara, JM These assessee’s three 3 appeals for AY 2012-13 – 2014-15 arise

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

Bench: Dr. Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita No.1016/Pun/2024

section 50C and 56(2)(vii)(b) of the Act have been inserted in the legislature. 6. On the other hand, Ld. Counsel for the assessee apart from placing reliance on the finding of ld.CIT(A) also referred to the decisions of this Tribunal on identical issue in the case of other co-purchasers where except the fact that

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

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 Society Ltd. which was executed for the consideration of Rs.7,25,00,000/- as sale to Shri Ramesh Shreehari Kondhare

AKASH ,NOIDA vs. INCOME TAX OFFICER (IT), WARD-1, PUNE

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

Bench: SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR.DIPAK P. RIPOTE (Accountant Member)

House No.1140, Sector-29, Officer(IT), Noida – 201303. Ward-1, Pune. Uttar Pradesh. PAN: AFIPA4977M Appellant/ Assessee Respondent / Revenue Assessee by None. Revenue by Ms. Neha Thakur – Addl.CIT(DR) Date of hearing 28/08/2024 Date of pronouncement 30/08/2024 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: Brief facts of the case : As per the assessment order, in this case, the assessee

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)

section 56(2)(x) & 50CA in accordance with the Rule 11U & 11UA of Income Tax Rules, 1962. 3. Whether in the facts and circumstances of the case and in law, the Ld. CIT (A) erred in accepting the second valuation report furnished by assessee for the purpose of land situated at Survey No. 79, 82, 63 & 86 Village-Yerur valuing

CHANDRAKANT GULABRAO BORDE,,PUNE vs. INCOME-TAX OFFICER, WARD - 13(1),, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm

56(2)(v) of the Act and held as under:- "13. Thus, Section 14 provides the various heads under which income has to be computed and Item No. F which is 'income from other sources' is a residuary head i.e. the income which is not assessable under any of the other heads, viz., salary, income from house 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

house property has to be the owner of the building or land appurtenant thereto and not merely the holder of an interest therein. If that is the explicit meaning given to the word "property" in section 22, any other meaning to the same word appearing in section 24(b) cannot be ascribed. What is referred to in this section

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

house property has to be the owner of the building or land appurtenant thereto and not merely the holder of an interest therein. If that is the explicit meaning given to the word "property" in section 22, any other meaning to the same word appearing in section 24(b) cannot be ascribed. What is referred to in this section

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

2,07,56,798/- 2012-13 3,57,72,592/- 73,07,433/- 4. The application was admitted vide order dated 245D(1) on 01.04.2014.. The application was further allowed to be proceeded with vide order u/s 245D(2C) dated 26.05.2014. During the settlement proceedings, the Settlement Commission had made addition of Rs.39,20,00,000/-, in excess

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

2,07,56,798/- 2012-13 3,57,72,592/- 73,07,433/- 4. The application was admitted vide order dated 245D(1) on 01.04.2014.. The application was further allowed to be proceeded with vide order u/s 245D(2C) dated 26.05.2014. During the settlement proceedings, the Settlement Commission had made addition of Rs.39,20,00,000/-, in excess

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

56, which is the first in this group of sections, enacts in sub-section (1) that income of every kind which is not chargeable to tax under the head "Income from other sources and subsection (2) includes in such income various items, one of which is "dividends". Dividend on shares is thus income chargeable under the head "Income from other

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD., AURANGABAD. vs. TAPADIYA CONSTRUCTION LTD, AURANGABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

2) of section 56. 23 ITA.No.1375/PUN./2024 (Tapadiya Construction Ltd.) 14. We note that the seized diary based on which the amount of Rs. 1,37,73,000/- has been arrived by the search team, the Ld.CIT(A) has made a detailed discussion in para 5.4 of the impugned order wherein the Ld.CIT(A) has observed that the notings

MRS. KAMAL MURLIDHAR MOKASHI,,PUNE vs. INCOME-TAX OFFICER,,

In the result, the appeal of the assessee is allowed

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.939/Pun/2016 "नधा"रण वष" / Assessment Year : 2011-12 ………. अपीलाथ" / Mrs. Kamal Murlidhar Mokashi, At & Post Moshi Taluka, Appellant Haveli District, Pune – 412105. Pan : Dbypm5370H. बनाम V/S ………. ""यथ" / The Income Tax Officer, Ward-8(3), Pune. Respondent Assessee By : Shri Sanket Joshi. Revenue By : Shri Rajesh Gawali.

56,000/- in three properties in August, 2012 i.e. after due date for furnishing return of income u/s. 139 (1) of the Act had elapsed. The Assessing Officer rejected assessee’s claim of exemption in respect of aforesaid investment for the reason that as per the provision of section 54B(2), the assessee should have invested/deposited the amount before

ABIL REALTY PVT. LTD.,PUNE vs. ITO, WARD 1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 Abil Realty Pvt. Ltd. Ito, Ward 1(1), Pune Abil House, 2 Ganesh Khind Road, Vs. Range Hill Corner, Pune – 411007 Pan: Aaica8531I (Appellant) (Respondent) Assessee By : Shri Sanket M Joshi & Mandar Joshi Department By : Shri Amol Khairnar Cit-Dr Date Of Hearing : 08-01-2025 Date Of Pronouncement : 19-03-2025 O R D E R

House, 2 Ganesh Khind Road, Vs. Range Hill Corner, Pune – 411007 PAN: AAICA8531I (Appellant) (Respondent) Assessee by : Shri Sanket M Joshi & Mandar Joshi Department by : Shri Amol Khairnar CIT-DR Date of hearing : 08-01-2025 Date of pronouncement : 19-03-2025 O R D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed

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

In the result, appeal of the Assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.75/Pun/2020 िनधा"रण वष" / Assessment Year : 2014-15 Michelle Yohan Poonawalla, The Dy.Cit, Circle-7, Pune. 16/B-1, Sarosh Bhavan, 2Nd Vs Floor, Dr.Ambedkar Road, . Opp.Niv, Pune – 411001. Pan: Aanpv 5236 G Appellant/ Assessee Respondent /Revenue Assessee By Shri Bharat Patel – Ar Revenue By Shri S P Walime & Shir Arvind Desai – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 28/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-8, Pune Dated 31.12.2019For The A.Y.2014-15.The Assessee Has Raised The Following Grounds Of Appeal: “The Following Grounds Are Taken Without Prejudice To Each Other - On Facts & Circumstances Of The Case & In Law, 1] The Learned Cit(A) Failed To Appreciate The Fact That - A. In Order To Arrive At Actual Rent As Defined U/Sec.23(1)(D) In Case Of Let Out Property, Expenditure Incurred For Earning Such Rent Shall Be Deducted At Threshold Level Itself. B. Principles Of Real Income Are Ignored While Denying Deduction Of Interest Paid By Appellant For Acquiring Possession Of Property (I.E. Flat No.11, Breach Candy Garden, Mumbai) From Statutory Tenant. 2] The Learned Cit(A) Failed To Appreciate That Payment Of

house property. In this case the impugned property is Flat No.11 but the Loan is for the Flat No.12 & Garage No.12G which are different. Thus, the loan was not borrowed for the impugned Flat No.11. Assessee had claimed that the loan was used for making payment to the Tenants of Flat No.11, but mere oral recital does not hold good

ASSISTANT COMMISSIONER INCOME-TAX,CIRCLE-2,, NASHIK vs. SMT. CHHAYA VALMIK NIKHADE,LATE SHRI VALMIK R. NIKHADE, , NASHIK

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

housing projects, manufacturing and selling of transformers under the name and style of “PVN Transformers”. The assessee had expired on 06-05-2010. The return of income was filed by the legal heir, i.e. his wife by declaring total income of Rs.39,86,430/-. The Assessing Officer noted that the assessee had debited a sum of Rs.20