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

83,870/- 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

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

83,945 towards deemed rent by applying the provisions of section 23(1)(a) to the property at Devs Arcade Mall, Ahmedabad owned by the appellant without appreciating that the provisions of section 23(1)(c) were applicable on the facts of the present and therefore, the addition made by the A.O. u/s 23(1)(a) was not justified

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

83,945 towards deemed rent by applying the provisions of section 23(1)(a) to the property at Devs Arcade Mall, Ahmedabad owned by the appellant without appreciating that the provisions of section 23(1)(c) were applicable on the facts of the present and therefore, the addition made by the A.O. u/s 23(1)(a) was not justified

M/S SUKHWANI PROMOTORS AND BUILDERS,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, (CENTRAL),, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.301/Pun/2022 िनधा"रण वष" / Assessment Year : 2017-18 M/S.Sukhwani Promoters & The Principal Builders, Vs Commissioner Of Income 208/2A, Near Swaminathan Tax, (Central), Pune. Clinic, Station Road, Pimpri, Pune – 411018. Pan: Abrfs 1253 P Assessee/ Appellant Respondent /Revenue Assessee By Shri Jitendra Jain – Ar Revenue By Shri Sardar Singh Meena – Dr Date Of Hearing 16/05/2023 Date Of Pronouncement 27/06/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax(Central), Pune Dated 24.03.2022 Under Section 263 Of The Act For A.Y.2017-18. The Grounds Of Appeal Raised By The Assessee Are As Under : “1 & 2. Pcit Erred In Passing The Order U/S 263 Of The Act Which Is Bad In Law, Illegal, Ultra-Virus, In Excess Of And/Or In Want Of Jurisdiction & Otherwise Void. M/S.Sukhwani Promoters & Builders [A]

section 142(1) issued by Assessing Officer(AO) and subsequent submission filed by assessee in response to the notices. Ld.AR vehemently argued that AO had verified all these issues and had applied the mind before passing the assessment order. Therefore, ld.AR pleaded that assessment order was not erroneous and prejudicial to the interest of the Revenue. Ld.AR relied on decision

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

83 (SC)has laid down following ratio with regard to provisions of section 263 of the Act: “There can be no doubt that the provision cannot be invoked to correct each and every type of mistake or error committed by the Assessing Officer; it is only when an order is erroneous that the 7 Vivek Nathuram Gavhane section will

RAMDAS SITARAM PATIL,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE,, KOLHAPUR

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

Bench: Shri Inturi Rama Rao & Ms. Astha Chandraआयकर अपील सं. / Ita No.621/Pun/2022 "नधा"रण वष" / Assessment Year : 2016-17 Ramdas Sitaram Patil, Vs. Acit, 238/2, Atharva Estate, Central Circle, E-Ward, Tarabai Park – 416 003 Kolhapur Kolhapur, Maharashtra Pan : Agupp5765D Appellant Respondent

83,224/- 1,16,20,191 09.02.2016 Registered Bapat Camp, Rs.25,00,000/- development Kolhapur Cheque : Agreement Balance in the form of constructed area 7 flats 3 Residential Flat in 80,00,000 Not Yet 01.11.2015 Agreement to Atharva Prasad Cheque registered sale Apartment, (Unregistered) Kolhapur The appellant had claimed deduction u/s.54/54F in respect of the capital gains arising

JAYANT AVINASH DAVE,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, PUNE, PUNE

In the result, the appeal of assessee is allowed

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

83, we note that the said details were before the AO it has been reproduced in his order at page No. 2 of the assessment order which clearly demonstrate that the assessee shown the unsold area as stock in trade and claimed the cost of such unsold area as work in progress. Further, we note that the said unsold area

TEJASHREE ATUL PATIL,PUNE vs. PR.CIT - 2, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Manish Borad & Shri Vinay Bhamore

house property purchased on 24.05.2015 3. In this regard, an opportunity of being heard s being provided to you on 01.03.2024 at 03.00 PM. You are requested to make your submissions along with documentary evidences in support of your contention." 5. Assessee duly responded to the show cause notices and furnished the information about the purchase of residential properties

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

DY. COMMISSIONER OF INCOME TAX, PUNE vs. DILIP MOTILALJI CHORDIA, PUNE

In the result, the appeal filed by the Revenue as well as\nthe Cross Objection filed by the assessee are allowed for\nstatistical purposes

House Property\n37,800\nC\nIncome from business/profession\nas per Sch.BP of ITR\n(-)*44,70,811\nD\nAdd : Disallowances/Additions\nIncome from sale of TDR [Para 5.3] | ₹5,31,95,834\nE\nIncome from other sources\n14,20,893\nGross Total income\n5,31,83,716\nLess : Deduction under Chapter VI-\nA claimed\n1,62,538\nE\nTotal Assessed Income

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

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, the assessment was completed by the Assessing Officer (AO) vide order dated 03.02.2021 passed u/s.143(3) r.w.s.143

ASSISTANT COMMISSIONER OF INCOME TAX, JALGOAN vs. SUNIL RAMNARAYAN MANTRI, JALGAON

In the result, the appeal of the Revenue is dismissed

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

83,945/- on account of income from house property and addition of Rs.5,05,860/- on account of low household withdrawals, to the income returned by the assessee. The assessee carried the matter in appeal before the Ld. CIT(A) who vide his order dated 20.12.2023 confirmed the above additions made by the Ld. AO. 6. In the meanwhile

ASHISH NIRANJAN SHAH,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.697/Pun/2019 िनधा"रण वष" / Assessment Year : 2014-15 Ashish Niranjan Shah, The Pr.Cit-4, Pune. 39, Mantri Court, Dr.Ambedkar V Road, Next To Rto, Sangam, S Pune – 411001. Pan: Aidps 7682 K Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Keyur Patel, Irs – Cit-Dr Date Of Hearing 28/07/2023 Date Of Pronouncement 13/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Pr.Commissioner Of Income Tax-4, Pune Dated26.03.2019 Under Section 263 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Learned Pr. Cit- 4, Pune Erred In Law & On Facts In Treating The Assessment Order U/S 143(3) Being Erroneous & Thereby Prejudicial To The Revenue U/S 263 Without Appreciating That, The Learned Ao Has Allowed Appellant'S Claim Of Business Loss Amounting To Rs.10,20,14,068/- Incurred On Account Of Default In Payment By Nsel, With Due Application Of Mind & Verification. The Learned Pr. Cit Erred In Holding That, Ao Has Not Carried Out Any Enquiry With Respect To Business Loss Claimed By The Appellant & Not Applied His Ashish Niranjan Shah [A]

83 (Del0 - PB-lll-Page-457 Considering the specific enquiry of the learned AO, the 143(3) order does not suffer from the issue of absence of enquiry. As such, same is not "Erroneous". PART-III Whether the 143(3) order is prejudicial to the interest of revenue 5. Speculative transaction issue - This issue is wrecked up by the learned

EATON TECHNOLOGIES PRIVATE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

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

house property 9. Reduction in profit due to ICDS 10. International transaction(s) 11. Loss from currency fluctuations 03. The assessment was completed u/s 143(3) r.w.s. 144C(13) r.w.s 144B of the Income Tax Act, 1961 on 26/02/2022 determining total income of Rs.455,25,53,250/- (Rs.722,11,90,423/- as per computation sheet). 04. On subsequent review

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks

SKYLINE DEVELOPERS,PUNE vs. THE INCOME TAX OFFICER, WARD4(50, PUNE

In the result, the appeal of the assessee is partly allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.709/Pun/2023 Assessment Year : 2006-07

property and the second party shall invest the entire requisite wherewithal, capital and efforts to implement the building project to complete the same together with all infrastructural development at their own cost and responsibility and on its own account. The parties have determined to share the gross sale proceeds received from the sale of the units and from all saleable

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)

house 4. Addition on account of investment in Rs.23,10,817/- Bungalow u/s 69 5. Addition on account of cash transaction u/s Rs.1,00,000/- 69A 6. Addition on account of agricultural income Rs.1,49,910/- Total Rs.3,91,32,567/- 4. In first appeal, after considering the reply of the assessee Ld. CIT(A) partly allowed the appeal

S K BHANSALI & ASSOCIATES,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2006-07

Housing Society, Vs. Shivaji Nagar, Pune – 411005 PAN: AAHFS8598L (Appellant) (Respondent) Assessee by : Shri Nikhil S Pathak Department by : Shri Sourabh Nayak, Addl.CIT Date of hearing : 25-06-2024 Date of pronouncement : 03-07-2024 O R D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed against the order dated

S K BHANSALI & ASSOCIATES,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, PUNE, PUNE

Appeal is allowed in above terms

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

Housing Income Tax Office, PMT Society, Shivajinagar, vs. Pune – 411 005 Bldg., Shankar Sheth Road, Maharashtra. Pune – 411 037. Maharashtra PAN AAHFS8598L (Appellant) (Respondent) For Assessee : Shri Nikhil Pathak For Revenue : Shri Sourabh Nayak, Addl.CIT Date of Hearing : 12.02.2024 Date of Pronouncement : 13.02.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2010- 2011, arise against