RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

68 deems some non- income item into income item, e.g. LOANS / SHARE CAPITAL /GIFTS, etc. etc. As against, S. 115BBC simply segregates available Total Income into two parts, i.e. Part-1 -Anonymous donation Part-2 -Non-Anonymous donation Section 115BBC further provides for taxation of Part-1 at 30% rate and Part-2 at normal rates. Hence, it transpires

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are partly allowed as per terms indicated hereinabove

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1121 To 1126/Pun/2024 Assessment Years : 2012-13 To 2017-18

68 deems some non- income item into income item, e.g. LOANS / SHARE CAPITAL /GIFTS, etc. etc. As against, S. 115BBC simply segregates available Total Income into two parts, i.e. Part-1 -Anonymous donation Part-2 -Non-Anonymous donation Section 115BBC further provides for taxation of Part-1 at 30% rate and Part-2 at normal rates. Hence, it transpires

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

section 68 of the Act. Ld. AO\nhas straight away concluded the proceedings making the\naddition u/s.115BBC of the Act, i.e. under a particular\nprovision which was never forming part of the reasons\nrecorded for assuming jurisdiction u/s.147 of the Act. Though\nwe have reproduced the submission of ld. Counsel for the\nassessee, we would like to take note

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION , KOLHAPUR, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

section 68 of the Act. Ld. AO\nhas straight away concluded the proceedings making the\naddition u/s.115BBC of the Act, i.e. under a particular\nprovision which was never forming part of the reasons\nrecorded for assuming jurisdiction u/s.147 of the Act. Though\nwe have reproduced the submission of ld. Counsel for the\nassessee, we would like to take note

RAJARSHI SHAHU SHIKSHAN SANSTHA INAM DHAMANI,SANGLI vs. ITO EXEMPTION, KOLHAPUR

In the result, all the appeals filed by the assessee are\npartly allowed as per terms indicated hereinabove

section 68 of the Act. Ld. AO\nhas straight away concluded the proceedings making the\naddition u/s.115BBC of the Act, i.e. under a particular\nprovision which was never forming part of the reasons\nrecorded for assuming jurisdiction u/s.147 of the Act. Though\nwe have reproduced the submission of ld. Counsel for the\nassessee, we would like to take note

KALPESH RATILAL GARDHARIA,KOLHAPUR vs. ITO WARD- 2(3), KOLHAPUR

In the result, the grounds on merit are allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhury

14 ITA 1850 of 2019 Kalpesh R. Gardharia A.Y. 2010-11 of the ld. CIT(A), he has not discussed the sanctity and the applicability of section 292B of the Act in the case of the assessee. The ld. CIT(A) has not brought out specifically through speaking order as to why the provision of section 68

BHADANES HITECH TECHNOLOGY COMPUTER PVT.LTD,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(1),, NASHIK

Appeal is partly allowed in above terms

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2013-14 Bhadanes Hitech Technology Vs. Ito, Ward Computer Pvt. Ltd. 1(1), Nashik Flat No.10, Padmavishwa Plaza, Nashik Pune Road, Tagore Nagar, Nashik – 422006 Pan : Aadcb9102E Appellant Respondent

14-07-2022 आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2013-14 arises against the CIT(A)-1, Nashik‟s order dated 29-03-2017 passed in case No. Nsk/CIT(A)-1/737/2015-16 involving proceedings under Section 143(3) of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case

TIBCO SOFTWARE BV,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, (IT), CIRCLE-2,, PUNE

In the result, the appeal filed by the assessee in ITA

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

section 30 of the Copyright Act. (vi) The right to reproduce and the right to use computer software are distinct and separate rights, as has been recognized in State Bank of India (supra) (see paragraph 21), the former amounting to parting with copyright and the latter, in the context of non-exclusive EULAs, not being so. 118. Consequently

TIBCO SOFTWARE BV,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, (INTERNATIONAL TAXATION), CIRCLE -2,, PUNE

In the result, the appeal filed by the assessee in ITA

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

section 30 of the Copyright Act. (vi) The right to reproduce and the right to use computer software are distinct and separate rights, as has been recognized in State Bank of India (supra) (see paragraph 21), the former amounting to parting with copyright and the latter, in the context of non-exclusive EULAs, not being so. 118. Consequently

TIBCO SOFTWARE B.V.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, (IT), CIRCLE - 2,, PUNE

Appeal is allowed for statistical purposes

Bench: Shri R.S.Syal & Sonjoy Sarma,Jm Assessment Year : 2014-15 Tibco Software B.V. ...... Appellant C/O Tibco Software India P.Ltd. 3 Floor, Binnarius,Deepak Complex, National Games Road, Shastri Nagar, Yerwada, Pune – 411 006. Pan : Aaect3252G V/S. Dcit(It),Circle-2, Pune ……Respondent

Section 274 r.w.s 271(1)(c) of the Income-tax Act, 1961.” 3. Briefly, the facts are under : 4. The Appellant TIBCO Software B.V is a non-resident company incorporated in Netherland. The Company is engaged in sale of Software maintenance, consulting and training services in India. The return of income for the Assessment 2014-15 was filed

SOPAN BANDOBA CHAVAN,PUNE vs. INCOME TAX OFFICER WARD 6(1), PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

14. The appellant has further argued that loose papers (Chits) cannot be considered as regular books of accounts and therefore the provisions of section 68

ASSISTANT COMMISISONER OF INCOME-TAX vs. SHRI DAMJI HIRJI CHAUHAN,,

Accordingly, the impugned order is upheld and the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

section 2(14)(iii) are Municipality, Municipal Corporation, Notified Area Committee, Town Area Committee, all refer to Urban Local Self Government. So "any other name "appearing in sec 2(14)(iii) derives the colour from word Municipality by applying principle of Ejusden Generis. So local authority, if it has genus of Municipality than only such local authority will

ASSISTANT COMMISISONER OF INCOME-TAX vs. SHRI DHARAMSI HIRJI CHAUHAN,,

Accordingly, the impugned order is upheld and the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

section 2(14)(iii) are Municipality, Municipal Corporation, Notified Area Committee, Town Area Committee, all refer to Urban Local Self Government. So "any other name "appearing in sec 2(14)(iii) derives the colour from word Municipality by applying principle of Ejusden Generis. So local authority, if it has genus of Municipality than only such local authority will

ASSISTANT COMMISISONER OF INCOME-TAX vs. SHRI SATISH DAMJI CHAUHAN,,

Accordingly, the impugned order is upheld and the appeal of Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

section 2(14)(iii) are Municipality, Municipal Corporation, Notified Area Committee, Town Area Committee, all refer to Urban Local Self Government. So "any other name "appearing in sec 2(14)(iii) derives the colour from word Municipality by applying principle of Ejusden Generis. So local authority, if it has genus of Municipality than only such local authority will

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

68,24,174 at the special rate under section 115BBE. Based on the facts, circumstances and legal issues brought out in the foregoing paragraphs, I allow the claim that the income in question is a bonafide LTCG arising from the sale of M/s. PFL Infotech Ltd. shares, which is exempt from income-tax u/s.10(38) of the Act. Therefore

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

68,24,174 at the special rate under section 115BBE. Based on the facts, circumstances and legal issues brought out in the foregoing paragraphs, I allow the claim that the income in question is a bonafide LTCG arising from the sale of M/s. PFL Infotech Ltd. shares, which is exempt from income-tax u/s.10(38) of the Act. Therefore

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

68 r.w.s. 115BBE of the Act. 14. The Ld. Counsel for the assessee submitted that the assessee’s only business is land developing and trading in real estate. During the course of search, statement of the assessee was recorded u/s 132(4) of the Act during which the page Nos.22 to 47 of the seized documents are loan taken from

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, NASHIK, NASHIK vs. MADANLAL LALCHAND JAIN, NANDURBAR

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

68 r.w.s. 115BBE of the Act. 14. The Ld. Counsel for the assessee submitted that the assessee’s only business is land developing and trading in real estate. During the course of search, statement of the assessee was recorded u/s 132(4) of the Act during which the page Nos.22 to 47 of the seized documents are loan taken from

MADANLAL LALCHAND JAIN,NANDURBAR vs. ACIT CENTRAL CIRCLE 2, NASHIK

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2021-22 Acit, Central Circle-2, Madanlal Lalchand Jain Nashik Vibhare Building, Vs. Near City Police Station, Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Co No.42/Pun/2025 Assessment Year : 2021-22 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) Assessment Year : 2022-23 Madanlal Lalchand Jain Acit, Central Circle-2, Vibhare Building, Nashik Near City Police Station, Vs. Hat Darwaja Station Road, Nandurbar – 425412 Pan: Abkpj3633K (Appellant) (Respondent) : Shri Nikhil S Pathak Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 03-11-2025 Date Of Pronouncement : 21-11-2025 O R D E R Per Bench:

68 r.w.s. 115BBE of the Act. 14. The Ld. Counsel for the assessee submitted that the assessee’s only business is land developing and trading in real estate. During the course of search, statement of the assessee was recorded u/s 132(4) of the Act during which the page Nos.22 to 47 of the seized documents are loan taken from