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

65,24,551/- before the Settlement Commission for various years, the details of which are as under: A.Y. Income offered in return in Additional income response to notice u/s 153A offered

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

65,24,551/- before the Settlement Commission for various years, the details of which are as under: A.Y. Income offered in return in Additional income response to notice u/s 153A offered

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

MANGILAL LAKAHJI CHOWDHARY,,PUNE vs. INCOME-TAX OFFICER, WARD - 3(1),, PUNE

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr.Dipak P.Ripoteआयकरअपीलसं. / Ita No.2791/Pun/2017 िनधा"रण वष" / Assessment Year: 2013-14

65,000/- for the very precise reason. 3. Next comes rent disallowance of Rs.1,20,000/- paid by the assessee to his wife which has been held as a colourable device to reduce taxable income on his behalf. We make it clear that there is no dispute about the assessee having utilized corresponding house property in day- to-day business

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

M/S. ANGELICA PROPERTIES PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER INCOME-TAX,,

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 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(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

house property to business income, is enhancement in the facts and circumstances of this case and it is also a fact that no opportunity wasgiven to the assessee before such enhancement. This failure to issue show cause goes to the root of the issue of powers of CIT(A) of enhancement. Therefore, for the reasons discussed ,respectfully following the ITAT

VASCON ENGINEERS LTD (SUCCESSOR TO ANGELICA PROPERTIES PVT. LTD.),PUNE vs. ADDITIONAL COMMISSIONER OF INCOME-TAX,, PUNE

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 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(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

house property to business income, is enhancement in the facts and circumstances of this case and it is also a fact that no opportunity wasgiven to the assessee before such enhancement. This failure to issue show cause goes to the root of the issue of powers of CIT(A) of enhancement. Therefore, for the reasons discussed ,respectfully following the ITAT

MICHELLE Y.POONAWALLA,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX, 4 ,, PUNE

In the result, the appeal of assessee is dismissed

Bench: Shri S.S. Viswanethra Ravi & Dr. Dipak P. Ripote

house property and business/profession during the year under consideration. The assessee filed return of income declaring a total income of Rs.15,65,600/- which was accepted by the AO vide its order dated 31- 12-2015 passed u/s. 143(3) of the Act. The PCIT having exercising jurisdiction u/s. 263 of the Act found the claim of deduction of interest

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

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

section 54. CIT v Sh. Mahadev Balai ITA 136/2017 (Raj HC) The Hon'ble HC allowed exemption u/s 54B for investment made by the assessee in the name of his wife. 5.4. In view of the above the appellant is allowed 100% of the admissible claim of deduction u/s 54F. This ground of appeal is allowed. 5.5. Ground of Appeal

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

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

section 54. CIT v Sh. Mahadev Balai ITA 136/2017 (Raj HC) The Hon'ble HC allowed exemption u/s 54B for investment made by the assessee in the name of his wife. 5.4. In view of the above the appellant is allowed 100% of the admissible claim of deduction u/s 54F. This ground of appeal is allowed. 5.5. Ground of Appeal

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SHRI RAMAKANT RAJARAM BODKE,, PUNE

Appeal of the Revenue is partly allowed in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.704/Pun/2015 "नधा"रण वष" / Assessment Year : 2010-11

property, therefore, there is no question of allowing any interest on house loan. 4.3 In respect of ground No. 4 relating to claim of agricultural income of Rs.14,262/-, the ld. DR submitted that assessee had not filed any evidence before the Authorities below in support of agricultural income. Moreover, the assessee had not declared agricultural income either

INCOME-TAX OFFICER, WARD - 2(3),, SOLAPUR vs. SHRI. ULHAS MALLIKARJUN PATIL,, SOLAPUR

Appeal is partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No.1751/Pun/2018 िनधा"रणवष" / Assessment Year : 2013-14 The Income Tax Officer, Shri Ulhas Mallikarjun Patil, Ward-2(3), Solapur, Vs Block No.3, Sunandan . Complex, Near Dayanand College, Ravivar Peth, Solapur – 413004. Pan: Akepp 1943 P Appellant/ Assessee Respondent /Revenue Assessee By Shri Krishna V Gujarathi – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 05/09/2022 Date Of Pronouncement 06/09/2022 आदेश/ Order Per S.S.Godara, Jm: This Revenue’S Appeal For Assessment Year 2013-14 Is Directed Against The Commissioner Of Income Tax(Appeals)-7, Pune’S Order Dated 31.08.2018 Passed In Case No.Pn/Cit(A)-7/Wd- 2(3)/10434/2016-147, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

65,775/- towards cost of construction. The sale value of the property is Rs. 3i00,00,000/-. The property (building) was given on rent to various schools from 01.06.2008. The assessee has shown income from business in return of income. The AO sought to invoked provisions of section 50 & 50C. The AO observed that the school building was constructed keeping

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

Section 269SS of the Act are clearly attracted in respect of the cash accepted of Rs. 1,37,73,000/- accepted by the assessee from its customers otherwise than by an account payee cheque or account payee bank draft or use of electronic clearing system through bank account. Therefore a penalty of Rs. 1,37,73,000/- being imposed

SHEELA DEEPAK GUNDECHA,PUNE vs. ITO WARD 2(1), PUNE

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

Bench: Dr.Manish Borad

65,049/-. The assessee’s claim u/s.54 of the Act was denied by the lower authorities on the ground that there were some litigations going on for the residential house purchased by the assessee and only part of the construction has been completed and no final completion certificate was received from 6 Sheela Deepak Gundecha the local authority. Section

ROHIDAS BHIKU JAMBHULKAR,HINJAWADI vs. COMMISSIONER OF INCOME TAX (APPEALS) CIT (A), PUNE-3, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Dr.Manish Boradआयकर अपील सं. / Ita No.2530/Pun/2024 िनधा"रण वष" / Assessment Year: 2012-13 Rohidas Bhiku Jambhulkar, V The Commissioner Of At Hinjawadi, Near Ganesh S Income Tax (Appeals) Mandir, Tal.Mulshi, Cit(A), Pune – 3. Dist-Pune – 411057. Pan: Ahypj9277D Appellant/ Assessee Respondent / Revenue Assessee By Shri J.G.Bhumkar – Ar Revenue By Shri Sanjay Dhivare –Addl.Cit(Dr) Through Virtual Hearing Date Of Hearing 05/02/2025 Date Of Pronouncement 21/02/2025 आदेश/ Order Per Dr. Manish Borad, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2012-13 Dated 28.08.2024 Passed U/Sec.250 Of

65,900/- was through banking channel and Rs.12,68,816/- was in cash. Also, rent of house property of Rs.1,77,800/- was also in cash. These cash amounts was deposited in cash. Also, time deposit of Rs.4,00,000/- was matured on dt. 24.10.2011 with interest on it of Rs.10,914/. Also, there was cash withdrawals from bank

DASHRATH V.WAGASKAR,,NASHIK vs. INCOME TAX OFFICER,, NASHIK

In the result, appeal of the assessee is Partly Allowed

Bench: Shri Partha Sarathi Chaudhury, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No.270/Pun/2017 िनधा"रणवष" / Assessment Year : 2013-14 Asha Bhausahebthube, The Income Tax Officer, (Legal Heir Of Late Vs Ward-1(4), Nashik. Mr.Dashrathv.Wagaskar), Gat No.63, Wagaskar House, Anandvalli, Gangapur Road, Nashik – 422 013. Pan: Aampw 5276 G Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishore B Phadke– Ar Revenue By Shri S.P.Walimbe– Dr Date Of Hearing 14/03/2022 Date Of Pronouncement 11/05/2022

65[two years] after the date on which the transfer took place purchased, or has within a period of three years after that date constructed, a residential house (hereafter in this section referred to as the new asset), the capital gain shall be dealt with in accordance with the following provisions of this section, that

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

Housing Projects Ltd. reported in (2021) 20 taxmann.com 587 (Delhi) and also the decision of this Tribunal in the case of Goel Eisha Capitals Vs. PCIT (central), Pune in ITA No.1006/PUN/2024 dated 07.04.2025. 7. On the other hand, ld. DR vehemently argued supported the order of ld. PCIT. 8. We have heard the rival contentions and perused the record placed

ASSISTANT COMMISSIONER OF INCOME-TAX, ICHALKRANJI CIRCLE ,, ICHALKRANJI vs. SANJAY DANCHAND GHODAWAT (HUF),, KOLHAPUR

In the result, appeal of the Revenue in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

house property and income from other sources whereas as per Section 80IA(1) of the Act, the said deduction is envisaged out of profit and gains from the eligible business only. 4. For illustrating the issue in question and related facts therein, we would take up ITA No.2738/PUN/2017 for the assessment year 2010-11 as lead case for adjudication. A.Y.2010-11