ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,,KOLHAPUR vs. ASSISTANT COMMISISONER OF INCOME-TAX,,

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

ASSISTANT COMMISSIONER OF INCOME-TAX,, KOLHAPUR vs. VIJAYKUMAR RAJARAM SHAH,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

TDS under law, such disallowance would ultimately increase assessee’s profits from business of developing housing project. The ultimate profits of assessee after adjusting disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB(10) of the Act. This view was taken by the courts in the following cases: *Income

DCIT(IT), CIRCLE-1, PUNE, PUNE vs. EAST WEST SEEDS INDIA PRIVATE LIMITED, AURANGABAD

In the result, appeal filed by the Revenue is dismissed

Bench: PER DR. DIPAK P. RIPOTE (Accountant Member)

TDS, and cannot be taxed as business income India in the absence of a PE in India. 3.4.11 In view

DCIT(IT), CIRCLE-1, PUNE, PUNE vs. EAST WEST SEEDS INDIA PRIVATE LIMITED, AURANGABAD

In the result, appeal filed by the Revenue is dismissed

Bench: PER DR. DIPAK P. RIPOTE (Accountant Member)

TDS, and cannot be taxed as business income India in the absence of a PE in India. 3.4.11 In view

DCIT(IT), CIRCLE-1, PUNE, PUNE vs. EAST WEST SEEDS INDIA PRIVATE LIMITED, AURANGABAD

In the result, appeal filed by the Revenue is dismissed

TDS, and cannot be taxed as business income India in the absence of a PE in India. 3.4.11 In view

PRASAD RAMCHANDRA PATIL,URAN, PANVEL vs. ITO WARD 3, PANVEL, PANVEL

Accordingly, the grounds raised by the assessee are allowed for statistical purposes

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

income on the entire deposits including the receipts on which TDS was duly deducted which has resulted into double taxation. The Ld. AR filed detailed written submissions raising the following contentions and urged that the Ld. AO may be directed to re-compute the addition by applying the reasonable profit rate as may be deemed proper by the Bench. : “Submissions

PRASAD RAMCHANDRA PATIL,URAN, PANVEL vs. ITO - WARD 3, PANVEL, PANVEL

Accordingly, the grounds raised by the assessee are allowed for statistical purposes

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

income on the entire deposits including the receipts on which TDS was duly deducted which has resulted into double taxation. The Ld. AR filed detailed written submissions raising the following contentions and urged that the Ld. AO may be directed to re-compute the addition by applying the reasonable profit rate as may be deemed proper by the Bench. : “Submissions

PRASAD RAMCHANDRA PATIL,URAN, PANVEL vs. ITO WARD 3, PANVEL, PANVEL

Accordingly, the grounds raised by the assessee are allowed for statistical purposes

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

income on the entire deposits including the receipts on which TDS was duly deducted which has resulted into double taxation. The Ld. AR filed detailed written submissions raising the following contentions and urged that the Ld. AO may be directed to re-compute the addition by applying the reasonable profit rate as may be deemed proper by the Bench. : “Submissions

INCOME TAX OFFICER WARD-2, AHMEDNAGAR., AHMEDNAGAR vs. KANHUR PATHAR MULTI STATE CO-OPERATIVE CREDIT SOCIETY MARYADIT , KANHUR, KANHUR DIST. AHMEDNAGAR

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

business income but Income from Other Sources u/s 56 and not entitled to deduction u/s 80P thereon. (iv) The AO has also placed reliance upon the following judgments in his support: • Hon’ble Gujarat High Court in the case of State Bank of India(2016)72 taxmann.com 64 (Gujarat) • ITAT Bangalore in Sri Basaveshwara Credit Co-operative Society Limited

INCOME TAX OFFICER WARD-2, AHMEDNAGAR., AAYAKAR, BHAVAN, BEHIND NATRAJ HOTEL, AURANGABAD ROAD, AHMEDNAGAR vs. KANHUR PATHAR MULTI STATE CO-OPERATIVE CREDIT SOCIETY MARYADIT KANHUR, KANHUR DIST. AHMEDNAGAR

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

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

business income but Income from Other Sources u/s 56 and not entitled to deduction u/s 80P thereon. (iv) The AO has also placed reliance upon the following judgments in his support: • Hon’ble Gujarat High Court in the case of State Bank of India(2016)72 taxmann.com 64 (Gujarat) • ITAT Bangalore in Sri Basaveshwara Credit Co-operative Society Limited

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

business income, since the respondent was engaged in the\nbusiness of purchase and sale of land and development rights.\n3.\nAggrieved by the addition made by the Assessing Officer, the\nrespondent preferred an appeal before the learned Commissioner of\nIncome-tax (Appeals). In the appellate order, the Id. CIT(A) stated\nthat the respondent filed a written submission claiming that

M/S. S.S SUGAR ENGINEERS PRIVATE LIMITED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), PUNE

In the result, the appeal of the assessee stands partly allowed as the term indicated above

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

Income Tax (Appeals)- 11. Pune erred in confirming the denial of TDS credit of Rs. 80,000/- which was pertaining to the business

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

business development services. The assessee filed its return of income for the A.Y. 2017-18 on 30.11.2017 declaring total income of 2 Eaton Technologies Private Limited Rs.3,64,37,67,020/- which was lateron revised on 08.03.2019 declaring total income of Rs.4,19,43,91,420/-. The case of the assessee was selected for Complete Scrutiny through CASS for verification

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]

income. 5.1 We have also perused the copy of the Order Sheet maintained by the Assessing Officer(AO), which has been filed by the Assessee in the paper book. There is no discussion or mention in the Order sheet about the issue of Business Loss. 5.2 We have perused copy of the Notices issued by the Assessing Officer under section

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Income-tax („DDIT‟) (Investigation), Mumbai. During the course of investigation, substantive documents were filed by the assessee to demonstrate that the expenses incurred by it are for the purpose of receipt of the above mentioned services and are genuine. 24. The assessee reiterated the submissions filed in the course of investigation proceedings which are enclosed at pages