PIAGGIO VEHICLES PVT LTD ,PUNE vs. ACIT, CIRCLE 4, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

TDS should have been restricted @ 15% as per Article 11 of the India-Italy DTAA. The appellant has referred to section 90 of the Income Tax Act and stated that it overrides provision of section 115-0. It is seen that section 90 is under Chapter IX of the Income Tax Act which is on double taxation relief This primarily

DEPUTY COMMISSIONER OF INCOME-TAX vs. DAIMLER CHRYSLER INDIA PVT. LTD.,, PUNE

In the result, the cross objection of the assessee is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

section 35AB of the Income Tax Act, 1961. 2. Disallowing expenditure of Rs.9,79,25,959/- in respect of write off CWIP due to discontinuation of MB car model series W 124 3. Disallowance Rs.25,600/- paid towards membership fee of Poona Golf Club & Hyatt Regency New Delhi, paid for Managing Director & other executives as expenditure not for the purpose

DAIMLER CHRYSLER INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the cross objection of the assessee is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

section 35AB of the Income Tax Act, 1961. 2. Disallowing expenditure of Rs.9,79,25,959/- in respect of write off CWIP due to discontinuation of MB car model series W 124 3. Disallowance Rs.25,600/- paid towards membership fee of Poona Golf Club & Hyatt Regency New Delhi, paid for Managing Director & other executives as expenditure not for the purpose

MERCEDES - BENZ INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं./ Ita No. 1865/Pun/2013 यनधाारण वषा / Assessment Year : 1999-2000 Mercedes Benz India Private Limited. ( Formerly Known As Daimler Chrysler India Private Limited) E-3, Midc Chakan, Phase-Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal : Khed, Pune-410 501. Pan : Aabcm 1789L .......अऩीऱाथी / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-9, Pune. ……प्रत्यथी / Respondent

TDS paid of Rs.15,88,22,400 over and above such fees and the R&D cess of Rs.4,89,81,520) under section 35AB of the Act (1/6th in every year) amounting to Rs.16,72,05,320 for AY 1999-00 in its return of income filed under section 139(1) of the Act. Out of the above

BAJAJ FINANCE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2019-20 Bajaj Finance Limited Pcit-3, Pune 3Rd Floor, Panchshil Tech Park, Vs. Viman Nagar, Pune – 411014 Pan: Aabcb1518L (Appellant) (Respondent) Assessee By : Shri Percy Pardiwalla Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 06-01-2026 Date Of Pronouncement : 29-01-2026

24,170/-. The assessee subsequently revised the return on 30.11.2020 declaring total income of Rs.5301,77,46,430/-. The case was selected for scrutiny under CASS on the following issues: 2 S.No. Issues i. Claim of Any Other Amount Allowable as Deduction in Schedule BP ii Increase in TDS in Revised Return iii. High Creditors/liabilities iv. Reduction of Income

BRAHMAN SABHA KARVEER,MAHARASHTRA vs. CIT EXEMPTION PUNE, CIT EXEMPTION PUNE

In the result, appeal of the assessee is allowed for

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

TDS made, PF and Professional Tax deducted with evidence for the last 3 years. 2.3. You are hereby further requested to ensure that: i. Self-certified copies of attachments as per the provisions of Rule 11AA(2) of the Income Tax Rules, 1962, as applicable, are required to be submitted. Please also note that the application cannot be approved unless

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

ix) user licence fees; (x) receipt of\nwarranty service; and (xi) receipt of training service,\nwith its AE. For the purpose of benchmarking, the\nassessee had aggregated all these transactions as\nrelated to its manufacturing activity and used TNMM as\nthe most appropriate method. The assessee worked out\nits margin from the manufacturing activity at 14.79%\nand contended that

INCOME TAX OFFICER, BODHI TOWER vs. KUMAR BUILDERS PROJECT PUNE PRIVATE LIMITED, BUND GARDEN

In the result, the appeal filed by the Revenue is dismissed

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

TDS credit of Rs.4,02,541/- thereby claiming a refund of Rs.4,02,541/-. The return was revised on 06.03.2020 claiming income tax refund of Rs.2541/- and carry forward loss of Rs.3,95,51,713/-. However, the CPC did not allow the claim of carry forward 2 business loss of Rs.3,95,51,713/- as claimed in the return

CPI GERA REALTY INDIA PVT. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(3), PUNE

The appeals of the assessee are DISMISSED

Bench: Shri S.S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.64 & 65/Pun/2023 ननधधारण वषा / Assessment Year : 2013-14 & 2015-16 Gera Reality India Pvt. Ltd., 200, Gera Plaza, Boat Club Road, Pune – 411 001 Pan : Aaccg6818R . . . . . . . अपऩलधथी / Appellant बनधम / V/S. Asstt. Commissioner Of Income Tax, Central Circle -1(3), Pune . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri S. K. Tyagi & Ramesh Soniminde Revenue By : Shri Keyur Patel सपनवधई की तधरऩख / Date Of Conclusive Hearing : 28/03/2023 घोषणध की तधरऩख / Date Of Pronouncement : 28/03/2023 आदेश / Order Per G. D. Padmahshali, Am; By The Present Twin Appeals, The Assessee Challenges The Orders Of Commissioner Of Income Tax (Appeals)- 11, Pune [For Short “Cit(A)”] Dt. 23/12/2022 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”].

24,15,861 Fees 3.3 The assessee company agitated the aforestated disallowance in an appeal before Ld. CIT(A), who in turn based on findings dilated in remand report has allowed the substantial but part relief to the assessee and thereby restricted the disallowance to following; Sr Additions or AY AY AY Disallowance

CPI GERA REALTY INDIA PVT. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(3), PUNE

The appeals of the assessee are DISMISSED

Bench: Shri S.S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.64 & 65/Pun/2023 ननधधारण वषा / Assessment Year : 2013-14 & 2015-16 Gera Reality India Pvt. Ltd., 200, Gera Plaza, Boat Club Road, Pune – 411 001 Pan : Aaccg6818R . . . . . . . अपऩलधथी / Appellant बनधम / V/S. Asstt. Commissioner Of Income Tax, Central Circle -1(3), Pune . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri S. K. Tyagi & Ramesh Soniminde Revenue By : Shri Keyur Patel सपनवधई की तधरऩख / Date Of Conclusive Hearing : 28/03/2023 घोषणध की तधरऩख / Date Of Pronouncement : 28/03/2023 आदेश / Order Per G. D. Padmahshali, Am; By The Present Twin Appeals, The Assessee Challenges The Orders Of Commissioner Of Income Tax (Appeals)- 11, Pune [For Short “Cit(A)”] Dt. 23/12/2022 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”].

24,15,861 Fees 3.3 The assessee company agitated the aforestated disallowance in an appeal before Ld. CIT(A), who in turn based on findings dilated in remand report has allowed the substantial but part relief to the assessee and thereby restricted the disallowance to following; Sr Additions or AY AY AY Disallowance

DEPUTY COMMSSIONER OF INCOME-TAX,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD.,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita. No.342/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10

TDS), who held that the assessee was a defaulter for not deducting tax at source from the remittances made for purchase of the software as the provisions of section 9(1)(vi) of the Act were attracted and the payment made by the assessee was in the nature of royalty on which tax ought to have been deducted

SHRI P.M. CHORDIA,JALNA vs. INCOME-TAX OFFICER,, AURANGABAD

In the result, appeal of the assessee for assessment year 2006-07

TDS. General facts of the Assessee: Briefly stated relevant facts 4. include that the assessee is engaged in the business of Civil 3 Construction and hiring of Machinery. There was search and seizure action u/s.132 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) in the group of cases of P.M. Chordiya of Aurangabad. The said search

SHRI P.M. CHORDIA,JALNA vs. INCOME-TAX OFFICER,, AURANGABAD

In the result, appeal of the assessee for assessment year 2006-07

TDS. General facts of the Assessee: Briefly stated relevant facts 4. include that the assessee is engaged in the business of Civil 3 Construction and hiring of Machinery. There was search and seizure action u/s.132 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) in the group of cases of P.M. Chordiya of Aurangabad. The said search

SHRI P.M. CHORDIA,JALNA vs. INCOME-TAX OFFICER,, AURANGABAD

In the result, appeal of the assessee for assessment year 2006-07

TDS. General facts of the Assessee: Briefly stated relevant facts 4. include that the assessee is engaged in the business of Civil 3 Construction and hiring of Machinery. There was search and seizure action u/s.132 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) in the group of cases of P.M. Chordiya of Aurangabad. The said search

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

section 43B of the Act. 15. The last point for the adjudication is the special manner of determination of income of the insurance companies as prescribed under rule 5 of Schedule 1 of the Act. The Profit and Loss Account disclosed by the assessee i.e. its annual accounts are sacrosanct. The said rule provides that the income to be determined

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

section 43B of the Act. 15. The last point for the adjudication is the special manner of determination of income of the insurance companies as prescribed under rule 5 of Schedule 1 of the Act. The Profit and Loss Account disclosed by the assessee i.e. its annual accounts are sacrosanct. The said rule provides that the income to be determined

E-GAIN COMMUNICATIONS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.2675/Pun/2017 िनधा"रण वष" / Assessment Year: 2013-14 E-Gain Communications Pvt. Vs. Dcit, Circle-1(2), Pune. Ltd., Office No.702, 7Th Floor, B-1, The Cerebrum It Park, Vadgaon Sheri, Kalyani Nagar, Pune- 411014. Pan : Aaacn9946R Appellant Respondent Assessee By : Shri Madhur Agarwal Revenue By Shri Arvind Desai : Date Of Hearing : 06.06.2022 Date Of Pronouncement : 17.06.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 13, Pune. [‘The Cit(A)’] Dated 11.08.2017 For The Assessment Year 2013-14. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Wholly Owned Subsidiary Of Egain Communication

24,573/- after claiming exemption u/s 10A of the Income Tax Act, 1961 (‘the Act’). The assessee company also reported the following international transactions :- Sr. Nature of the AE Description Amount in Rs. Method used No. 1 eGain Communication Corp. Software 30,42,26,067 TNMM Development Services 2 eGain Communication Corp. Reimbursement of 22,04,073 CUP expenses Recd

SHRI MANOJ MADANLAL CHHAJED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1)PUNE, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / It(Ss)A Nos.91 To 96/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 To 2017-18 Shri Manoj Madanlal Vs. Acit, Central Circle- Chhajed, 1(1), Pune. 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / It(Ss)A Nos.97 & 98/Pun/2022 िनधा"रण वष" / Assessment Years : 2012-13 & 2015-16 Acit, Circle-1(1), Pune. Vs. Shri Manoj Madanlal Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent आयकर अपील सं. / Ita No.725/Pun/2022 िनधा"रण वष" / Assessment Year: 2018-19 Shri Manoj Madanlal Vs. Acit, Circle-1(1), Pune. Chhajed, 601, A-8 Building, Karishma Housing Society, Near Sangam Press, Kothrud, Pune- 411029. Pan : Aalpc4991M Appellant Respondent

TDS. Thus, he submits that the appellant had discharged the onus lying upon it in terms of provisions of section 19 IT(SS)A Nos.91 to 96/PUN/2022 IT(SS)A Nos.97 & 98/PUN/2022 68 of the Act. In the circumstances, the AO was not justified in making the addition of unsecured loans. E. As regards, the addition made on account