RAKESH YASHWANT SHINDE,,PUNE vs. INCOME-TAX OFFICER, WARD - 8(3),, PUNE

Appeal is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.1133/Pun/2018 िनधा"रण वष" / Assessment Year : 2014-15 Rakesh Yashwanth Shinde, The Income Tax Officer, Shop No.24, Rachana Industrial Vs Ward-8(3), Pune. Complex, Telco Road, Bhosari, Pune – 411034. Pan: Aorps 8006F Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 13/07/2022 Date Of Pronouncement 27/07/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2014-15 Is Directed Against The Commissioner Of Income Tax(Appeals)-13, Pune’S Order Dated 05.03.2018 Passed In Case No. Cit(A)-13/16- 17/583/617, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

83 (Bom) has held as under:- On a close scrutiny of the Power of Attorneys, ■ agreement and the reply, the Assessing Officer recorded a finding that only the agreement dated 30-4-2001 gives rise to the transfer within the meaning of section 2(47)(v) attracting the capital gain arising out of the said transfer. This finding of fact

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

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

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

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

DHANOTTAM VASANT LONKAR,PUNE vs. INCOME-TAX OFFICER, WARD 3(3), , PUNE

In the result, the appeal of the assessee is allowed

house, is rejected because Transaction leading to Capital\nGain itself is rejected and is treated as business income.\"\nAppellant prays for declaring claim of Long Term Capital Gain & u/s\n54F is valid and allowed, And declare that order is Bad in Law, being\nwithout application of mind and violative of powers of CIT(A).\n5) Commissioner of Income Tax (Appeals

M/S KIRAN SANRAN ASSOCIATES,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

83,18,955/- 4,58,955/- 2 B-704 Mrs Rutuja Shinde 38,50,500/- 38,50,500/- 0 3 B-1105 Namo Landmark 65,72,000/- 67,25,217/- 1,53,217/- LLP 4 B-401 Mr Ritesh Neheta 81,93,404/- 85,18,110/- 3,24,706/- 5 B-205 Mr Sameer Kotkar

UJWAL FINE HOMES,PUNE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX -3, PUNE

In the result, appeal of the assessee is dismissed

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.491/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Ujwal Fine Homes, V The Principal High Bliss, S No.23, Dhayri S Commissioner Of Income Narhe Road, Pune – 411041. Tax, Pune -3, Pune. Pan; Aabfu7293E Appellant/ Assessee Respondent / Revenue Assessee By Shri C.H.Naniwadekar – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 21/11/2024 Date Of Pronouncement 28/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Principal Commissioner Of Income Tax, Pune-3, Pune U/Sec.263 Of The Income Tax Act, 1961; Dated 09.02.2024 For The A.Y.2018- 19. The Assessee Has Raised The Following Grounds Of Appeal : “1. In Issuing The Notice U/S 263 Of The Income-Tax Act, 1961 For Ay 2018-19

83 (SC)  Deniel Merchants P Ltd vs ITO SLP 23976/2017 order dt.29/11/2017  Paville Projects (P.) Ltd. v. Commissioner of Income-tax, (Supreme Court of India)  Commissioner of Income-tax, Mumbai v. Amitabh Bachchan (SC)  RamanbhaiBholidas Patel v. Principal Commissioner of Income-tax, (In the ITAT Ahmedabad Bench 'B')  Virbhadra Singh (HUF) v. Principal Commissioner of Income-tax, (High Court

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 1(1),, PUNE vs. BALKRISHNAN SHANMUGHAM CHETTIAR, ALIAS S. BALAN,, PUNE

Appeals are dismissed in above terms

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No’S.110, 111 & 112/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16, 2016-17 & 2017-18 The Asst. Commissioner Of M/S.Balkrishna Shanmugham Income Tax, Central Circle- Vs Chettiar Alias S. Balan, 1(1), Pune. . 1133/5, Nirankar F.C.Road, Shivaji Nagar, Pune – 411016. Pan: Aalpc 5158 J Appellant/ Assessee Respondent /Revenue Assessee By Shri M R Bhagwat – Ar Revenue By Shr Ramnath P Murkunde – Dr Date Of Hearing 08/09/2022 Date Of Pronouncement 16/11/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Three Appeals For Ays 2015-16 To 2017-18 Arise Against The Commissioner Of Income Tax(Appeal)-11, Pune’S Separate Orders; All Dated 20.01.2021, Passed In Case Nos.Itba/Apl/S/250/2020-21/1029928824(1), Itba/Apl/S/ 250/2020-21/1029929977(1) & Itba/Apl/S/250/2020- 21/1029930177(1); Respectively, In Proceedings U/S.250 Of The Income Tax Act, 1961 [In Short “The Act”].

83 ITR 700 ITA No’s.110 to 112/PUN/2018 for A.Y. 2015-16 to 17-18 (R) M/s. Balkrishna Shanmugham Chettiar Alias S. Balan (SC). It has been held in the latter decision that where a builder, being, owner lets out property for some time pending sale, the income so derived is to be taxed under the head "Income from house

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 1(1),, PUNE vs. BALKRISHNAN SHANMUGHAM CHETTIAR, ALIAS S. BALAN,, PUNE

Appeals are dismissed in above terms

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No’S.110, 111 & 112/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16, 2016-17 & 2017-18 The Asst. Commissioner Of M/S.Balkrishna Shanmugham Income Tax, Central Circle- Vs Chettiar Alias S. Balan, 1(1), Pune. . 1133/5, Nirankar F.C.Road, Shivaji Nagar, Pune – 411016. Pan: Aalpc 5158 J Appellant/ Assessee Respondent /Revenue Assessee By Shri M R Bhagwat – Ar Revenue By Shr Ramnath P Murkunde – Dr Date Of Hearing 08/09/2022 Date Of Pronouncement 16/11/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Three Appeals For Ays 2015-16 To 2017-18 Arise Against The Commissioner Of Income Tax(Appeal)-11, Pune’S Separate Orders; All Dated 20.01.2021, Passed In Case Nos.Itba/Apl/S/250/2020-21/1029928824(1), Itba/Apl/S/ 250/2020-21/1029929977(1) & Itba/Apl/S/250/2020- 21/1029930177(1); Respectively, In Proceedings U/S.250 Of The Income Tax Act, 1961 [In Short “The Act”].

83 ITR 700 ITA No’s.110 to 112/PUN/2018 for A.Y. 2015-16 to 17-18 (R) M/s. Balkrishna Shanmugham Chettiar Alias S. Balan (SC). It has been held in the latter decision that where a builder, being, owner lets out property for some time pending sale, the income so derived is to be taxed under the head "Income from house

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 1(1),, PUNE vs. BALKRISHNAN SHANMUGHAM CHETTIAR, ALIAS S. BALAN,, PUNE

Appeals are dismissed in above terms

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No’S.110, 111 & 112/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16, 2016-17 & 2017-18 The Asst. Commissioner Of M/S.Balkrishna Shanmugham Income Tax, Central Circle- Vs Chettiar Alias S. Balan, 1(1), Pune. . 1133/5, Nirankar F.C.Road, Shivaji Nagar, Pune – 411016. Pan: Aalpc 5158 J Appellant/ Assessee Respondent /Revenue Assessee By Shri M R Bhagwat – Ar Revenue By Shr Ramnath P Murkunde – Dr Date Of Hearing 08/09/2022 Date Of Pronouncement 16/11/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Three Appeals For Ays 2015-16 To 2017-18 Arise Against The Commissioner Of Income Tax(Appeal)-11, Pune’S Separate Orders; All Dated 20.01.2021, Passed In Case Nos.Itba/Apl/S/250/2020-21/1029928824(1), Itba/Apl/S/ 250/2020-21/1029929977(1) & Itba/Apl/S/250/2020- 21/1029930177(1); Respectively, In Proceedings U/S.250 Of The Income Tax Act, 1961 [In Short “The Act”].

83 ITR 700 ITA No’s.110 to 112/PUN/2018 for A.Y. 2015-16 to 17-18 (R) M/s. Balkrishna Shanmugham Chettiar Alias S. Balan (SC). It has been held in the latter decision that where a builder, being, owner lets out property for some time pending sale, the income so derived is to be taxed under the head "Income from house

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

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

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

RAJENDRA RAMESHLAL GUGALE,PUNE vs. PRINICIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

House No.B12, Income Tax (Central), Aayakar vs. Pune-Satara Road, Sadan, Bodhi Towers, Salisbury Bibwewadi, PUNE. Park, PUNE – 411 037. PIN – 412 202. Maharashtra. Maharashtra. PAN ABFPG6929E (Appellant) (Respondent) For Assessee : Shri Nikhil Pathak For Revenue : Shri Ajay Kumar Keshari, CIT Date of Hearing : 27.11.2024 Date of Pronouncement : 30.12.2024 ORDER PER RAMA KANTA PANDA, V.P. : This appeal filed

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

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

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]

83. Submission of ld.Departmental Representative(ld.DR) : 3. The ld.DR relied on the order of the ld.Pr.CIT. 2 M/s.Sukhwani Promoters and Builders [A] Findings and Analysis : 4. We have heard both the parties and perused the records. 4.1 The assessee had filed copies of Balance Sheet and Profit and Loss Account during the assessment proceedings. The assessee had shown closing stock

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 50CA or 56(2)(x) of the Act needs to be restricted. Addition u/s 50CA of the Act of Rs. 12,92,000/- on account of sale of equity shares of MIPL (i.e. 9500 equity shares * Rs. 136 (Rs. 661- Rs. 525). The appellant has sold the equity shares below the FMV as discussed above and the FMV worked

SMT. ROHINI VALMIK GADHAVE,PUNE vs. COMMISSIONER OF INCOME-TAX -5, PUNE

Appeal is allowed in above terms

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2015-16 Smt. Rohini Valmik Gadhave Vs. Pr.Cit-5, Pune C-Wing, Flat No.603, Mantra Properties, Moshi, Pune – 412105 Pan : Bkvpg9947G Appellant Respondent

house property', in respect of which there was a sharp divergence of opinion amongst the High Courts, was clarificatory and declaratory in nature and consequently retrospective. Similarly, in Brij Mohan Das Laxman Das v. CIT (1997) 90 Taxman 41 (SC), explanation 2 added to section 40 of the Act was held to be declaratory in nature and, therefore, retrospective. (Reference