SHIVDAS VENKAT GOMARE HUF,LATUR vs. ITO WARD 1, LATUR, LATUR

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.760/Pun/2025 Assessment Year : 2017-18

5. No interest received in FY 2016-17, the Sub-Divisional Officer, Latur, erroneously deducted TDS under Section 194A of the Act amounting to Rs. 47,80,422/- (Rupees Forty-Seven Lakh Eighty Thousand Four Hundred Twenty-Two Only) during that period. In the Applicant's Income Tax Return for AY 2017-18, no refund was claimed for this TDS

OPULENT AUTO CARE PRIVATE LIMITED,PUNE vs. TDS, WARD-2, PUNE, PUNE

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri Rama Kanta Panda, Hon’Ble Vice-

TDS returns is appealable. The demand raised by way of charging of fees under section 234E of the Act is under section 156 of the Act and any demand raised under section 156 of the Act is appealable under section 246A(1)(a) and (c) of the Act. Accordingly, we reverse the findings of CIT(A) in this regard

OPULENT AUTO CARE PRIVATE LIMITED,PUNE vs. TDS, WARD-2, PUNE, PUNE

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri Rama Kanta Panda, Hon’Ble Vice-

TDS returns is appealable. The demand raised by way of charging of fees under section 234E of the Act is under section 156 of the Act and any demand raised under section 156 of the Act is appealable under section 246A(1)(a) and (c) of the Act. Accordingly, we reverse the findings of CIT(A) in this regard

OPULENT AUTO CARE PRIVATE LIMITED,PUNE vs. TDS, WARD-2, PUNE, PUNE

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri Rama Kanta Panda, Hon’Ble Vice-

TDS returns is appealable. The demand raised by way of charging of fees under section 234E of the Act is under section 156 of the Act and any demand raised under section 156 of the Act is appealable under section 246A(1)(a) and (c) of the Act. Accordingly, we reverse the findings of CIT(A) in this regard

OPULENT AUTO CARE PRIVATE LIMITED,PUNE vs. TDS WARD-2, PUNE, PUNE

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri Rama Kanta Panda, Hon’Ble Vice-

TDS returns is appealable. The demand raised by way of charging of fees under section 234E of the Act is under section 156 of the Act and any demand raised under section 156 of the Act is appealable under section 246A(1)(a) and (c) of the Act. Accordingly, we reverse the findings of CIT(A) in this regard

OPULENT AUTO CARE PRIVATE LIMITED,PUNE vs. TDS, WARD-2, PUNE, PUNE

Bench: Justice (Retd.) C V Bhadang, Hon’Ble & Shri Rama Kanta Panda, Hon’Ble Vice-

TDS returns is appealable. The demand raised by way of charging of fees under section 234E of the Act is under section 156 of the Act and any demand raised under section 156 of the Act is appealable under section 246A(1)(a) and (c) of the Act. Accordingly, we reverse the findings of CIT(A) in this regard

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1), PUNE, PUNE vs. ENTERPRISEDB SOFTWARE INDIA PRIVATE LIMITED, PUNE

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamoreआयकर अपील सं. / Ita No. 989/Pun/2023 & Co No. 008/Pun/2024 निर्धारण वर्ा / Assessment Year : 2017-18 Dy. Commissioner Of Income Tax, Central Circle-1(1), Pune . . . . . . . अपीलार्थी / Appellant

253(2) of Income Tax Act, 1961 [in short ‘the Act’] challenges the DIN & Order No. ITBA/NFAC/ S/250/2023- 24/1054358649(1) dt. 14/07/2023 passed u/s 250 by the National Faceless Appeal Centre, Delhi [in short ‘NFAC/CIT(A)’] anent to assessment year 2017-18 [in short ‘AY’] which in turn arisen out of order of assessment dt. 29/09/2019 passed

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

253 of the\nincome-tax Act, 1961 (\"the Act\") against the order dated 30 June\n2022, passed under section 143(3) read with section 144C(13) read\nwith section 1448 of the Act, by the learned additional/ Joint/\nDeputy/Assistant Commissioner of Income tax, National Faceless\nAssessment Centre, Delhi (hereinafter referred to as \"Assessing\nOfficer /\"AO\") in pursuance of the directions

CUMMINS INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, appeal of the assessee bearing ITA No

253 of the\nincome-tax Act, 1961 (\"the Act\") against the order dated 30 June\n2022, passed under section 143(3) read with section 144C(13) read\nwith section 1448 of the Act, by the learned additional/ Joint/\nDeputy/Assistant Commissioner of Income tax, National Faceless\nAssessment Centre, Delhi (hereinafter referred to as \"Assessing\nOfficer /\"AO\") in pursuance of the directions

BHANDARI ASSOCIATES,PUNE vs. PR. COMMISSIONER OF INCOME TAX 2, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

253 ITR 124 b. National Plastic and Allied Industries vs DCIT 67 TTJ 824 c. Mool Raj Singh and others vs ITO 63 TTJ 211 d. CIT vs Smt. Nirmal Anand 245 ITR 836 e. Jay Commercial Ltd vs CIT 66 TTJ 731 f. Hycron India vs ACIT 82 TTJ 450 13. Referring to the decision of Hon’ble Bombay

KIMBERLY CLARK LEVER P.LTD.,PUNE vs. ACIT, PUNE

In the result, the appeal of the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2481/Pun/2012 िनधा"रण वष" / Assessment Year : 2008-09 Kimberly Clark Lever P. Ltd., Gat No.934 To 937, Village Sanaswadi Off Nagar Road, Ta- Shirur, Pune-412208. .......अपीलाथ" / Appellant Pan : Aaack4647E बनाम / V/S. Acit, Circle-Xi(I), ……""यथ" / Respondent Pune. Assessee By : Shri Percy Pardiwalla Revenue By : Shri Sandeep Garg सुनवाई क" तारीख / Date Of Hearing : 08.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 22.02.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order U/S 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (‘The Act’ For Short) Of The Asstt. Commissioner Of Income Tax, Circle-11(1), Pune (‘The Assessing Officer’ For Short) Dated 29.10.2012 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “The Appellant Objects To The Order Dated 29 October 2012 Passed Under Section 143(3) R.W.S. 144(C) Of The Income-Tax Act, 1961 (‘The Act’) By The Assistant Commissioner Of Income Tax, Circle 11(1), Pune [‘Acit’ Or ‘Ao’] Following The Directions Issued By The Dispute Resolution Panel (‘Drp’) In Respect Of The Aforesaid Assessment Year On The Following Among Other Grounds:

5% range as provided under the Proviso to Section 92C(2) of the Income-tax Act, 1961.” 9 9. It is contended, inter-alia, that the A&M expenses was incurred by the appellant company for its own business purposes and in order to promote the sale of the products manufactured by the appellant company, no benefit had approved

NORTH AMERICAN COAL CORPORATION INDIA P LTD ,PUNE vs. ASST COMMISSIONER OF INCOME TAX , CIRCLE 2 , PUNE

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

253 of the Income Tax Act. 1961 (hereinafter referred to as 'the Act'), against the order dated 11th June 2020 issued by the Commissioner of income Tax (Appeals)- 3, Pune [hereinafter referred to as 'Ld. CIT(A),], under section 250 of the Act. The Grounds of Appeal raised by the Appellant, as set out below, are independent of. and without

CUMMINS INDIA LTD.,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1), PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.923/Pun/2024 िनधा"रण वष" / Assessment Year: 2021-22 Cummins India Ltd., Vs. Dcit, Circle-1(1), Pune. 5Th Floor, Survey No.21, Tower- A, Cummins India Office Campus, Balewadi, Pune- 411045. Pan : Aaacc7258B Appellant Respondent Assessee By : Shri Ketan Ved Revenue By Shri Amol Khairnar : Date Of Hearing : 18.11.2024 Date Of Pronouncement : 12.12.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2024 Passed By Ld. Addl./Jcit(A)-3, Bengaluru For The Assessment Year 2021-22. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “Based On The Facts & Circumstances Of The Case, Cummins India Limited (Hereinafter Referred To As “The Company" Or "The Appellant") Respectfully Craves Leave To Prefer An Appeal For The Assessment Year

253 of the Income-tax Act, 1961 ("the Act") against the order dated 13 March 2024, passed under section 250 of the Act, by the learned Commissioner of Income Tax, Appeal (ADDL/ JCIT (A) - 3 Bengaluru, (hereinafter referred to as "learned CIT(A)") on the following grounds, which are independent of and without prejudice to each other: 1. Denial

M/S. VISHAY COMPONENTS INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 12, PUNE

The appeal of the assessee is partly allowed for statistical purposes

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

253( 1)( d) of the Income-tax Act, 1961 (hereinafter referred to as 'Act') against the order dated 15 February 2022 (received on 15 February 2022 via email) passed by the Additional/Joint/Deputy/Assistant Commissioner of Income Taxi Income Tax Officer, National Faceless Assessment Centre, Delhi(hereinafter referred to as 'the learned AO') under section 143(3) read with section 144C

FCA INDIA AUTOMOBILES PRIVATE LIMITED (SURVIVING ENTITY AFTER THE MERGER OF PCA MOTORS PVT LTD),PUNE vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

253 of the Income-tax Act, 1961 (hereinafter referred to as the Act'), against the 2 order dated 26 June 2024 issued by the National Faceless Appeal Centre ('NFAC') (hereinafter referred to as 'Ld. NFAC'), under Section 250 of the Act on the grounds as set out herein: 1. General ground 1.1 On the facts and circumstances of the case

BMC SOFTWARE INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-1(1), PUNE

The appeal is dismissed as not pressed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

253(1)(d) of the Income-tax Act, 1961 (hereinafter referred to as 'Act'), against the order dated 22 April 2021 (received on 22 April 2021) passed by the Additional/Joint / Deputy / Assistant Commissioner of Income Taxi Income- tax Officer, National e- Assessment Centre, Delhi (hereinafter referred to as 'learned AO') under section 143(3) r.w.s. section 144C(13) r.w.s. section

BHARAT KESHAVLAL SHAH,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -3,, PUNE

Appeal is partly allowed in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

5. We next proceed to deal with the assessee’s seven folded pleadings in his former substantive ground so far as the issue of correctness of the PCIT’s revision directions herein terming the Assessing Officer’s regular assessment dated 16.12.2016 as an erroneous one causing prejudice to the interest of Revenue, is concerned. 6. Learned counsel does not press

DY.COMMISSIONER OF INCOME TAX CIRCLE-1 NASSHIK, NASHIK vs. HARSH CONSTRUCTIONS PRIVATE LIMITED, NASHIK

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15 Dcit, Circle – 1, Harsh Constructions Pvt. Ltd. Nashik Sanskruti, Murkute Colony, Vs. New Pandit Colony, Sharanpur Road, Nashik – 422002 Pan: Aacch2277H (Appellant) (Respondent) Assessee By : Shri Dhiraj S. Dandgaval Department By : Shri Ramnath P Murkunde Date Of Hearing : 03-07-2024 Date Of Pronouncement : 10-07-2024 O R D E R Per R.K. Panda, Vp : This Appeal Filed By The Revenue Is Directed Against The Order Dated 20.12.2023 Of The Cit(A) / Nfac, Delhi Relating To Assessment Year 2014-15. 2. The Revenue In The Grounds Of Appeal Has Challenged The Order Of The Ld. Cit(A) In Restricting The Disallowance To Rs.2,24,191/- As Against Rs.1,25,51,607/- Proposed By The Assessing Officer In The Remand Report As Against Rs.4,38,96,880/- Added By Him In The Order Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’).

253/- Shri. Khushiram Ram Kumar Pal 2 Shri. Ashok Meshram 44,21,804/- 31,613/- 3 Shri.Asim Haran Biswas 48,46,381/- 48,46,381/- 4 Gannon International 1,12,955/- 1,12,955/- 5 5 1,68,76,451/- 11,093/- GGS Designers Fabricators Pvt Ltd. 6 Guddu Singh 5,00,615/- Nil 7 Harshit Mondal

KAPIL ALCOTECH LLP,AURANGABAD vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 1, AURANGABAD

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2020-21

5 remuneration nor the manner of computing remuneration has been incorporated which is in violation of CBDT Circular No.739 dated 25.03.1996. During the course of video conference, he asked the AR to present his case in respect of proposed disallowance of remuneration of Rs.5,90,000/- paid to the partners. The AR of the assessee furnished the copy