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

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

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

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.

Housing Development Company v. JCIT [165 ITD 76 [Bang.)] wherein the Hon’ble Tribunal had approved the reliance on the AS- 4and observed that in the case of joint development agreement, the profitability depends on the progress of the construction activity. The Hon’ble Tribunal therefore observed that the profitability of the company can be very well judged in advance

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.

Housing Development Company v. JCIT [165 ITD 76 [Bang.)] wherein the Hon’ble Tribunal had approved the reliance on the AS- 4and observed that in the case of joint development agreement, the profitability depends on the progress of the construction activity. The Hon’ble Tribunal therefore observed that the profitability of the company can be very well judged in advance

HINDUMAL BALMUKUND INVESTMENT CO.PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX-1,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 562/Pun/2019 नििाारण वषा / Assessment Year : 2014-15 Hindumal Balmukund Investment Co. Pvt. Ltd. 2Nd Floor, Lohia Jain House, Bhandarkar Road, Pune-411 004 Pan : Aaach4226Q .......अऩीऱाथी / Appellant बिाम / V/S. The Pr. Commissioner Of Income Tax-1, Pune. ……प्रत्यथी / Respondent

house property which was already considered under the head Income from Business and vice versa. As a sequel, the claim u/s 4 A.Y.2014-15 80IA(4) of Rs.7,64,02,294/- was corrected to Rs.4,44,39,344/- in the revised computation. 4. The AO, after considering the revised computation which reflected Gross Total Income at Rs.4

ARIHANT VASTUNIRMAN PRIVATE LIMITED,RATNAGIRI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, KOLHAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.448/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Arihant Vastunirman Private Vs. Acit, Circle-1, Kolhapur. Limited, Office No.1, Siddhivinayak Community Hall, Shivaji Nagar, Siddhivinayak Nagar, Ratnagiri- 415612. Pan : Aakca4408K Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 14.08.2024 Date Of Pronouncement 23.10.2024 : आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.02.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Erred In Confirming The Addition By The A.O. Of Rs.34,14,922/- Representing Notional Rental Income In Respect Of Unsold Flats Forming Part Of Closing Inventory Of The Appellant.

91,950/-. 4. After considering the reply of the assessee ld. CIT(A)/NFAC dismissed the appeal vide order dated 16.02.2024. It is this order against which the assessee is in appeal before this Tribunal. 5. Ld. AR submitted before us that the order passed by ld. CIT(A)/NFAC is not correct. It was submitted by ld. AR that

DCIT, SWARGATE PUNE vs. GRIHUM HOUSING FINANCE LIMITED, PUNE

In the result, the Cross Objection filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2019-20

Housing Finance Limited ITO, Ward 1, Ahmednagar 602, 6th Floor, Zero One IT Park, Vs. Mundhva Road, Ghorpadi, Pune – 411036 PAN: AACCG2265N (Cross Objector) (Respondent) Assessee by : S/Shri Nikhil Mutha and Abhilash Hiran Department by : Shri Ramnath P Murkunde Date of hearing : 08-05-2025 Date of pronouncement : 12-06-2025 O R D E R PER R.K. PANDA

KIRAN BABURAO JADHAV,PUNE vs. DCIT, PMT BUILDING SWARGAT

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2023-24 Shri Kiran Baburao Jadhav Dcit, Swargate, Pune Flat No.4, Shubhamkar Apts, Lane Vs. No.14, Bhandarkar Road, Pune – 411004 Pan: Addpj5634M (Appellant) (Respondent) Assessee By : Shri Gajanan N Kondhare Department By : Shri Ramnath P Murkunde Date Of Hearing : 28-07-2025 Date Of Pronouncement : 11-08-2025 O R D E R

house property, capital gain and income from other sources. He filed his return of income on 31.10.2023 declaring total income of Rs.4,14,23,740/-. Subsequently, the assessee revised his return of income on 31.01.2024 by declaring additional income of Rs.97,06,000/- and paid tax on the above amounting to Rs.33,66,040/-. The facts leading to the above

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 ix. Reduction in profit due to ICDS x. International Transaction(s) xi. Loss from currency fluctuations 3. Statutory notices u/s.143(2)/142(1) were duly served upon the assessee along with detailed questionnaire and the assessee made compliance to such notices. Since the assessee had entered into certain international transactions, the Assessing Officer (AO) referred the matter

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

91 taxman 205(SC) before Hon'ble Supreme Court and it was given retrospective effect from the inception of the section on the reasoning that the proviso was added to remedy unintended consequences and supply an obvious omission so that the section may be given a reasonable interpretation and that in fact the amendment to insert the proviso would

DY.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD vs. SHRI. BALAJI RAMCHANDRA ANDE, LATUR

In the result, appeal of the Revenue dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

house property, profits and gains of business or profession, or capital gains, nor 8 ITA.No.625/PUN./2024 is it income from other sources' because the provisions of sections 69, 69A, 698, and 69C treat unexplained investments, unexplained money, bullion, etc., and unexplained expenditure as deemed income where the nature and source of investment, acquisition or expenditure, as the case

SAMEER SATISH SATPUTE,PUNE vs. INCOME TAX OFFICER, (IT) WARD 4, PUNE , B.O. BHAWAN, PUNE

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

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.2933/Pun/2025 धििाारण वर्ा / Assessment Year : 2022-23 Sameer Satish Satpute, Ito, (It) Ward 4, Pune 39, Rakshak Society, Aundh, Pune-411027 Vs. Pan : Asops4608L अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Kishor B Phadke Department By : Shri Harshit Bari Date Of Hearing : 25-02-2026 Date Of 10-04-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 04.09.2025 Of The Ld. Commissioner Of Income Tax (Appeals), Pune-13 [“Cit(A)”] Pertaining To Assessment Year (“Ay”) 2022-23. 2. Briefly Stated, The Facts Of The Case Are That The Assessee Is A Non- Resident Individual. During Fy 2021-22 Relevant To Ay 2022-23 Under Consideration, The Taxable Income Of The Assessee In India Comprised Of : (I) Rental Income From House Property In Pune; (Ii) Capital Gains From Stocks & Mutual Funds; (Iii) Dividend Income; (Iv) Fixed Deposits & (V) Nro Account Interest & Pass Through Income From Two Funds. For Ay 2022- 23, The Assessee Filed His Return Of Income U/S 139(1) Of The Income Tax Act, 1961 (The “Act”) On 30.07.2022 Claiming Refund Of Rs.3,62,090/-. The Return Of The Assessee Was Processed By The Cpc, Bengaluru U/S 143(1) Of The Act Vide Intimation Order Dated 06.10.2023 Wherein The Ld. Cpc Assessed The Total Income Of The Assessee At Rs.5,37,30,540/- & Raised A Tax Demand Of Rs.35,68,200/-. On Going Through The Intimation, The Assessee Noticed That Though Gross Total Income Was Accepted, Income Adopted As Chargeable At Special Rate Was Incorrect. As Per The Order Of 2

house property in Pune; (ii) capital gains from stocks and mutual funds; (iii) dividend income; (iv) fixed deposits and (v) NRO account interest and Pass Through Income from two funds. For AY 2022- 23, the assessee filed his return of income u/s 139(1) of the Income Tax Act, 1961 (the “Act”) on 30.07.2022 claiming refund of Rs.3

M/S KOLTE PATIL DEVELOPERS LTD,PUNE vs. DCIT,CIRCLE-7, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2014-15

Properties Pvt. Ltd. merged with Kolte Patil Developers Ltd.) Vs. 2nd Floor, City Point, Dhole Patil Road, Pune – 411001 PAN: AAACK7310G (Appellant) (Respondent) Assessee by : Shri Nikhil S Pathak Department by : Shri Ramnath P Murkende Date of hearing : 06-08-2024 Date of pronouncement : 12-08-2024 O R D E R PER R. K. PANDA, VP : This appeal filed

SHAMKANT KESHAV KOTKAR (PROP. NANDAN BUILDERS),PUNE vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), PUNE

In the result, appeal of the assessee is allowed

Bench: SHRI VINAY BHAMORE (Judicial Member)

House Property o Loss from Business o Capital Gain o Income from other source 7. A search action u/s.132 of the Income Tax Act, 1961 was conducted at the residence of Assessee-Shamkant Keshav Kotkar along with other Nandan Group Cases on 03.02.2021. Therefore, Assessee’s case was centralized with DCIT, Central Circle-2(4), Pune by the Competent Authority

SUVARNA KIRAN CHAVAN,NASHIK vs. ACIT CIRCLE-1, NASHIK, NASHIK

In the result, appeal of the Assessee is allowed for statistical\npurposes

house property\n-2,00,000\n-2,00,000\n-2,00,000\n-2,00,000\n3. Long term capital gain\n1,15,12,951\n1,15,12,951\n1,15,12,951\n1,15,12,951\n4. Income from other sources\n6,27,580\n6,27,580\n6,27,580\n6,27,580\n5- Addition

NILESH POPATLAL GADA,PUNE vs. INCOME TAX OFFICER WARD 2(4) , PUNE

In the result, appeal of the assessee is Partly Allowed

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

house property, short term capital gain, income from other sources and agricultural 5 income. The Assessing Officer(AO) in the assessment order observed that assessee had deposited cash in the bank account between 11.11.2016 to 01.12.2016 as under: Date Name of Bank Account Amount(Rs.) 10-11-2016 Corporation Bank 2,00,000/- 11-11-2016 Corporation Bank

JOINT COMMISSIONER OF INCOME TAX (OSD), PUNE vs. SURESH KUMAR LAKHOTIA , PUNE

In the result, appeal of the Revenue is Partly Allowed

Bench: Ms. Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.24/Pun/2024 िनधा"रण वष" / Assessment Year:2018-19 Vs Suresh Kumar Lakhotia, The Joint Commissioner Of Income Tax(Osd), 3A/3B, Archies Court Pune. Shankersheth Road, Ghorpade Peth, Pune – 411042. Pune – 411042. Pan: Aazpl4337L Appellant / Revenue Respondent / Assessee Assessee By Shri Devdatta Mainkar – Ar Revenue By Shri Ajay Keshari – Dr Date Of Hearing 14/08/2024 Date Of Pronouncement 27/09/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 09.11.2023 For The Assessment Year 2018-19. The Revenue Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, The Id. Cit(A) Erred In Accepting The Assessee'S Contention That The Additional Capital Introduced In Ay 2018- 19 Represents Accumulated Suresh Kumar Lakhotia [R]

house property income, capital gains and income from other sources. 2. In the return of income, the Appellant merged personal balance sheet with balance sheet of proprietary concern, which resulted in adding opening capital of Rs. 19.04 crores and corresponding personal assets in the balance sheet. 3. The learned AO considers this treatment as introduction of capital and issued show

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

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE- 1(1), PUNE vs. M/S. BHAIRAVNATH SUGAR WORKS LTD., PUNE

In the result, the appeal is dismissed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 Dcit, Circle 1(1), Vs. M/S. Bhairavanath Sugar Works Ltd., Pune S.No. 21/2, Sawant Corner, Pune-Mumbai Bypass Road, Katraj, Pune. Pan: Aadcb0529M Appellant Respondent Assessee By Shri B.C. Malakar Revenue By Smt. Divya Bhajpai Date Of Hearing 10-06-2021 Date Of Pronouncement 11-06-2021 आदेश / Order Per R.S.Syal, Vp : This Appeal By The Revenue Is Directed Against The Order Dated 23.12.2019 Passed By The Ld. Cit(A) U/S.143(3) Read With Section 144C(3) Of The Income-Tax Act, 1961 (Hereinafter Also Called „The Act‟) In Relation To The Assessment Year 2013- 14. 2. This Appeal Was Filed Belatedly By 68 Days. The Ld. Dr Explained The Lockdown Due To Covid-19 As The Reason For The Late Filing Of The Appeal. The Ld. Ar Did Not Object

91,89,500. The assessee applied the Comparable Uncontrolled Price (CUP) method for demonstrating the transaction to be at ALP. The TPO required the assessee to furnish details of the entire property in respect of which the rent was paid, that is, number of floors, area, square feet on each floor; name and address of all the persons to whom