EATON TECHNOLOGIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

Appeal is partly allowed in above terms

Bench: Shri S. S. Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.3075/Pun/2017 ननधधारण वषा / Assessment Year : 2013-14 Eaton Technologies Pvt. Ltd. Cluster C, Wing 1, Eon Free Zone, Plot No.1, Sr. No.77, Midc Kharadi Knowledge Park, Kharadi ,Pune- 411 014. .......अपऩलधथी / Appellant Pan : Aabce4323Q बनधम / V/S. ……प्रत्यथी / Respondent Dcit, Circle-1(2), Pune Assessee By : Shri Vishal Karla Revenue By : Shri S. P. Walimbe

TDS was to be deducted. The Assessing Officer passed final assessment order, against which the assessee is in appeal before us. 6. The learned Authorized Representative for the assessee in this regard pointed out that the Assessing Officer has compared the OP/OC i.e. margins of assessee at 150.55% with the margins of comparable companies at 27.72%, to come

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

TDS was to be deducted. The Assessing Officer passed final assessment order, against which the assessee is in appeal before us. 6. The learned Authorized Representative for the assessee in this regard pointed out that the Assessing Officer has compared the OP/OC i.e. margins of assessee at 150.55% with the margins of comparable companies at 27.72%, to come

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

TDS was to be deducted. The Assessing Officer passed final assessment order, against which the assessee is in appeal before us. 6. The learned Authorized Representative for the assessee in this regard pointed out that the Assessing Officer has compared the OP/OC i.e. margins of assessee at 150.55% with the margins of comparable companies at 27.72%, to come

DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. HONEYWELL AUTOMATION INDIA LTD.,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.412/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Jcit, Range-7, …. ""थ" / Respondent Pune. आयकर अपील सं. / Ita No.568/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 Dcit, Circle-7, अपीलाथ"/Appellant Pune. …. Vs. M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. …. ""थ" / Respondent Pan : Aaact3904F आयकर अपील सं. / Ita No.287/Pun/2015 िनधा"रण वष" / Assessment Year : 2010-11 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Dcit, Circle-11, …. ""थ" / Respondent Pune. Assessee By : Shri Kamal Sawhney & Shri Rhea Amar Revenue By : Shri A. K. Modi सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 06.05.2019 Date Of Pronouncement: 19.07.2019 आदेश / Order Per D. Karunakara Rao, Am : There Are Three Appeals Under Consideration. The Appeals In Ita No.412/Pun/2014 & Ita No.568/Pun/2014 Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2009-10. The Appeal In Ita No.287/Pun/2015 Is Filed By The Assessee Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2010-11. 2. First, We Shall Take Up The Said Cross Appeals Relating To The Assessment Year 2009-10 For Adjudication.

section 10AA(9) r.w.s. 80IA(10) of the Act. These grounds have already adjudicated by us while deciding the grounds no.2 to 9 raised in appeal of the assessee in ITA No.412/PUN/2014 for the assessment year 2009-10. Therefore, our decision in grounds no.2 to 9 in ITA No.412/PUN/2014 shall apply mutatis-mutandis to these grounds no.2

M/S. HONEYWELL AUTOMATION INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.412/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Jcit, Range-7, …. ""थ" / Respondent Pune. आयकर अपील सं. / Ita No.568/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 Dcit, Circle-7, अपीलाथ"/Appellant Pune. …. Vs. M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. …. ""थ" / Respondent Pan : Aaact3904F आयकर अपील सं. / Ita No.287/Pun/2015 िनधा"रण वष" / Assessment Year : 2010-11 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Dcit, Circle-11, …. ""थ" / Respondent Pune. Assessee By : Shri Kamal Sawhney & Shri Rhea Amar Revenue By : Shri A. K. Modi सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 06.05.2019 Date Of Pronouncement: 19.07.2019 आदेश / Order Per D. Karunakara Rao, Am : There Are Three Appeals Under Consideration. The Appeals In Ita No.412/Pun/2014 & Ita No.568/Pun/2014 Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2009-10. The Appeal In Ita No.287/Pun/2015 Is Filed By The Assessee Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2010-11. 2. First, We Shall Take Up The Said Cross Appeals Relating To The Assessment Year 2009-10 For Adjudication.

section 10AA(9) r.w.s. 80IA(10) of the Act. These grounds have already adjudicated by us while deciding the grounds no.2 to 9 raised in appeal of the assessee in ITA No.412/PUN/2014 for the assessment year 2009-10. Therefore, our decision in grounds no.2 to 9 in ITA No.412/PUN/2014 shall apply mutatis-mutandis to these grounds no.2

M/S. HONEYWELL AUTOMATION INDIA LIMITED,,PUNE vs. JOINT COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.412/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Jcit, Range-7, …. ""थ" / Respondent Pune. आयकर अपील सं. / Ita No.568/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10 Dcit, Circle-7, अपीलाथ"/Appellant Pune. …. Vs. M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. …. ""थ" / Respondent Pan : Aaact3904F आयकर अपील सं. / Ita No.287/Pun/2015 िनधा"रण वष" / Assessment Year : 2010-11 M/S. Honeywell Automation India Limited, 56/57, Hadapsar Industrial Estate, Hadapsar, Pune-411013. अपीलाथ"/Appellant Pan : Aaact3904F …. Vs. Dcit, Circle-11, …. ""थ" / Respondent Pune. Assessee By : Shri Kamal Sawhney & Shri Rhea Amar Revenue By : Shri A. K. Modi सुनवाई क" तारीख / घोषणा क" तारीख / Date Of Hearing : 06.05.2019 Date Of Pronouncement: 19.07.2019 आदेश / Order Per D. Karunakara Rao, Am : There Are Three Appeals Under Consideration. The Appeals In Ita No.412/Pun/2014 & Ita No.568/Pun/2014 Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2009-10. The Appeal In Ita No.287/Pun/2015 Is Filed By The Assessee Against The Order Of The Assessing Officer/Tpo/Drp For The Assessment Year 2010-11. 2. First, We Shall Take Up The Said Cross Appeals Relating To The Assessment Year 2009-10 For Adjudication.

section 10AA(9) r.w.s. 80IA(10) of the Act. These grounds have already adjudicated by us while deciding the grounds no.2 to 9 raised in appeal of the assessee in ITA No.412/PUN/2014 for the assessment year 2009-10. Therefore, our decision in grounds no.2 to 9 in ITA No.412/PUN/2014 shall apply mutatis-mutandis to these grounds no.2

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

TDS credit. The assessee also took an additional ground before the CIT(A)-I, Thane for allowance of exemption u/s 11. The CIT(A)-I, Thane rejected the additional ground taken by the assessee and exemption u/s 11 had not been allowed to the assessee. Against ITA Nos.1153, 1155 & 1154/MUM/2016 the order of the CIT(A), Thane, the assessee preferred

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

In the result, the appeals filed by the assessee are allowed for statistical purposes

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

section 801B(10), which requires interpretation of the financial year in which the housing project is approved by the local authority The texts as well as contexts of both the cases are altogether different and are streets away from each other. Ergo, the reliance of the Id. AR on this judgment is of no consequence in the present case

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

In the result, the appeals filed by the assessee are allowed for statistical purposes

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

section 801B(10), which requires interpretation of the financial year in which the housing project is approved by the local authority The texts as well as contexts of both the cases are altogether different and are streets away from each other. Ergo, the reliance of the Id. AR on this judgment is of no consequence in the present case

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

In the result, the appeals filed by the assessee are allowed for statistical purposes

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

section 801B(10), which requires interpretation of the financial year in which the housing project is approved by the local authority The texts as well as contexts of both the cases are altogether different and are streets away from each other. Ergo, the reliance of the Id. AR on this judgment is of no consequence in the present case

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

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

section 801B(10), which requires interpretation of the financial year in which the housing project is approved by the local authority The texts as well as contexts of both the cases are altogether different and are streets away from each other. Ergo, the reliance of the Id. AR on this judgment is of no consequence in the present case

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-tax Officer, Ward

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-tax Officer, Ward