ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

In the result, all the above 6 appeals filed by the Revenue are dismissed and

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

long term capital gain and added the same in respondent's income under Section 68 of the Act. While allowing the appeal filed by respondent, the CIT[A] deleted the addition made under Section 68 of the Act. The CIT[A] has observed that the A.O. himself has stated that SEBI had conducted independent enquiry in the case

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

In the result, all the above 6 appeals filed by the Revenue are dismissed and

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

long term capital gain and added the same in respondent's income under Section 68 of the Act. While allowing the appeal filed by respondent, the CIT[A] deleted the addition made under Section 68 of the Act. The CIT[A] has observed that the A.O. himself has stated that SEBI had conducted independent enquiry in the case

JAIBHAGWAN BANARASIDAS JINDAL,JALNA vs. THE INCOME TAX OFFICER, WARD-1, JALNA

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17

long term capital gain / loss by received cash, This traded value was found suspicious and detailed investigation of this issue was undertaken by the DDIT (Inv). The information has been analysed and examined it has been found that Yamini Investment Co Ltd. (YICL) is a penny stock company wherein prices are artificially moved in a desired/required direction on time

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.

Term Capital Gain taking the sale consideration at Rs.117,31,70,040/- for two assessment years as under : AY Sale consideration disclosed in the Sale consideration for the Return of Income purpose of Section 48 r.w.s 50C 2010-11 103,40,00,000/- 115,63,94,491/- 2011-12 1,50,00,000/- 1,67,75,549/- Total

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.

Term Capital Gain taking the sale consideration at Rs.117,31,70,040/- for two assessment years as under : AY Sale consideration disclosed in the Sale consideration for the Return of Income purpose of Section 48 r.w.s 50C 2010-11 103,40,00,000/- 115,63,94,491/- 2011-12 1,50,00,000/- 1,67,75,549/- Total

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

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

gains from sale of shares of the penny stock company namely, PFLIL and made addition of Rs.7,68,24,174/- to the total income of the assessee. The Assessing Officer also made the consequential addition on account of commission paid for acquiring the accommodation entries of Rs.23,04,725/- u/s 69C being commission paid @ 3% of such bogus LTCG

DEPUTY COMMISSIONER OF INCOME TAX, JALGAON vs. TARADEVI RATANLAL BAFNA, JALGAON

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

gains from sale of shares of the penny stock company namely, PFLIL and made addition of Rs.7,68,24,174/- to the total income of the assessee. The Assessing Officer also made the consequential addition on account of commission paid for acquiring the accommodation entries of Rs.23,04,725/- u/s 69C being commission paid @ 3% of such bogus LTCG

ASSISTANT COMMISSIONER OF INCOME TAX, JALGAON vs. SIDHARTH RATANLAL BAFNA, JALGAON

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

gains from sale of shares of the penny stock company namely, PFLIL and made addition of Rs.7,68,24,174/- to the total income of the assessee. The Assessing Officer also made the consequential addition on account of commission paid for acquiring the accommodation entries of Rs.23,04,725/- u/s 69C being commission paid @ 3% of such bogus LTCG

INCOME TAX OFFICER,, PUNE vs. SMT. ROOPA JAYANT GUPTA,, PUNE

In the result, all the 5 appeals of Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं. / Ita Nos.1296 To 1300/Pun/2017 यनधाारण वषा / Assessment Years : 2008-09 To 2012-13 Income Tax Officer, अपीऱाथी/Appellant Ward 3(2), Pune …. Vs. Smt. Roopa Jayant Gupta, C/O Mrs. Mrinalini Kirloskar, Lakaki Road, Model Colony, Pune – 411016 …. प्रत्यथी / Respondent Pan: Aehpb5246H

reassessment. In response, the assessee requested to treat the returns filed originally for the respective assessment years as returns filed in response to the notices u/s 148 of the Act. The AO observed that the assessee had disclosed long term capital gain

INCOME TAX OFFICER,, PUNE vs. SMT. ROOPA JAYANT GUPTA,, PUNE

In the result, all the 5 appeals of Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं. / Ita Nos.1296 To 1300/Pun/2017 यनधाारण वषा / Assessment Years : 2008-09 To 2012-13 Income Tax Officer, अपीऱाथी/Appellant Ward 3(2), Pune …. Vs. Smt. Roopa Jayant Gupta, C/O Mrs. Mrinalini Kirloskar, Lakaki Road, Model Colony, Pune – 411016 …. प्रत्यथी / Respondent Pan: Aehpb5246H

reassessment. In response, the assessee requested to treat the returns filed originally for the respective assessment years as returns filed in response to the notices u/s 148 of the Act. The AO observed that the assessee had disclosed long term capital gain

INCOME TAX OFFICER,, PUNE vs. SMT. ROOPA JAYANT GUPTA,, PUNE

In the result, all the 5 appeals of Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं. / Ita Nos.1296 To 1300/Pun/2017 यनधाारण वषा / Assessment Years : 2008-09 To 2012-13 Income Tax Officer, अपीऱाथी/Appellant Ward 3(2), Pune …. Vs. Smt. Roopa Jayant Gupta, C/O Mrs. Mrinalini Kirloskar, Lakaki Road, Model Colony, Pune – 411016 …. प्रत्यथी / Respondent Pan: Aehpb5246H

reassessment. In response, the assessee requested to treat the returns filed originally for the respective assessment years as returns filed in response to the notices u/s 148 of the Act. The AO observed that the assessee had disclosed long term capital gain

INCOME TAX OFFICER,, PUNE vs. SMT. ROOPA JAYANT GUPTA,, PUNE

In the result, all the 5 appeals of Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं. / Ita Nos.1296 To 1300/Pun/2017 यनधाारण वषा / Assessment Years : 2008-09 To 2012-13 Income Tax Officer, अपीऱाथी/Appellant Ward 3(2), Pune …. Vs. Smt. Roopa Jayant Gupta, C/O Mrs. Mrinalini Kirloskar, Lakaki Road, Model Colony, Pune – 411016 …. प्रत्यथी / Respondent Pan: Aehpb5246H

reassessment. In response, the assessee requested to treat the returns filed originally for the respective assessment years as returns filed in response to the notices u/s 148 of the Act. The AO observed that the assessee had disclosed long term capital gain

INCOME TAX OFFICER,, PUNE vs. SMT. ROOPA JAYANT GUPTA,, PUNE

In the result, all the 5 appeals of Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं. / Ita Nos.1296 To 1300/Pun/2017 यनधाारण वषा / Assessment Years : 2008-09 To 2012-13 Income Tax Officer, अपीऱाथी/Appellant Ward 3(2), Pune …. Vs. Smt. Roopa Jayant Gupta, C/O Mrs. Mrinalini Kirloskar, Lakaki Road, Model Colony, Pune – 411016 …. प्रत्यथी / Respondent Pan: Aehpb5246H

reassessment. In response, the assessee requested to treat the returns filed originally for the respective assessment years as returns filed in response to the notices u/s 148 of the Act. The AO observed that the assessee had disclosed long term capital gain

ASHOK VIJAYKUMAR KOTECHA,JALGAON vs. ACIT, CIRCLE 1, JALGAON, JALGAON

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2011-12

long term capital gain claimed as exempt by the assessee u/s 10(38) of the Act as bogus. The Assessing Officer further made addition of Rs.9,15,732/- u/s 69C of the Act being the commission paid in cash for arranging such accommodation entries which has not been recorded in the books of account. Thus, the Assessing Officer determined

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

Long Term Capital Gains on Sale of Share is credited to Capital Account, the Details are as under: Α.Υ. 2011-12 LTCG of Rs.1,44,35,357/- Α.Υ. 2012-13 LTCG of Rs.93,82,427/- Please give the details of Capital Gains Earned by him i.e. Name of Asset, Date of Purchase, Cost of Purchase, Date of Sale

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. OMPRAKASH ASARAM MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

Long Term Capital Gains on Sale of Share is credited to Capital Account, the Details are as under: Α.Υ. 2011-12 LTCG of Rs.1,44,35,357/- Α.Υ. 2012-13 LTCG of Rs.93,82,427/- Please give the details of Capital Gains Earned by him i.e. Name of Asset, Date of Purchase, Cost of Purchase, Date of Sale

INCOME TAX OFFICER, WARD -1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

Long Term Capital Gains on Sale of Share is credited to Capital Account, the Details are as under: Α.Υ. 2011-12 LTCG of Rs.1,44,35,357/- Α.Υ. 2012-13 LTCG of Rs.93,82,427/- Please give the details of Capital Gains Earned by him i.e. Name of Asset, Date of Purchase, Cost of Purchase, Date of Sale

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. PRAMILA OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

Long Term Capital Gains on Sale of Share is credited to Capital Account, the Details are as under: Α.Υ. 2011-12 LTCG of Rs.1,44,35,357/- Α.Υ. 2012-13 LTCG of Rs.93,82,427/- Please give the details of Capital Gains Earned by him i.e. Name of Asset, Date of Purchase, Cost of Purchase, Date of Sale

INCOME TAX OFFICER, WARD-1, JALNA, JALNA vs. ASHISH OMPRAKASH MANTRI, JALNA

In the result, all the appeals filed by the Revenue are dismissed

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

Long Term Capital Gains on Sale of Share is credited to Capital Account, the Details are as under: Α.Υ. 2011-12 LTCG of Rs.1,44,35,357/- Α.Υ. 2012-13 LTCG of Rs.93,82,427/- Please give the details of Capital Gains Earned by him i.e. Name of Asset, Date of Purchase, Cost of Purchase, Date of Sale