TOKAI SAHAKARI SAKHAR KARKHANA LTD,HINGOLI vs. INCOME TAX OFFICER, WARD-(1), JALNA, JALNA

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Shri G.D.Padmahshaliआयकर अपील सं. / Ita No.571/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Tokai Sahakari Sakhar Karkhana The Income Tax Officer, Ltd., Vs Ward-1, Jalna. Villag Kurunda, Taluka Basmath . District, Hingoli – 431512. Pan: Aaat6997Q Appellant / Assessee Respondent / Revenue Assessee By Shri Anand Partani – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 16/01/2024 Date Of Pronouncement 16/01/2024

38,13,100, - under section 37(1) of the Income Tax Act 1961 . The loans are availed for business purpose and therefore the interest is an allowable expenses. The addition is unwarranted and liable to be deleted. 3. On the basis of facts and circumstances of the case, the Ld CIT(A) has erred in disallowing interest expenses

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

EATON TECHNOLOGIES PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX-1,, PUNE

Bench: Shri S.S.Godara & G.D.Padmahshaliआयकरअपीलसं. / Ita No.590/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Eaton Technologies Private Limited, Dcit, Circle-1(2), Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No.902/Pun/2018 िनधा"रण वष" / Assessment Year: 2011-12 Eaton Technologies Private Limited, Pr.Cit-1, Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue

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

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

Bench: Shri S.S.Godara & G.D.Padmahshaliआयकरअपीलसं. / Ita No.590/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Eaton Technologies Private Limited, Dcit, Circle-1(2), Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No.902/Pun/2018 िनधा"रण वष" / Assessment Year: 2011-12 Eaton Technologies Private Limited, Pr.Cit-1, Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue

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

K D CHOUDHARI,PUNE vs. DCIT CIRCLE 5, PUNE, PUNE

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

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.328/Pun/2025 िनधा"रण वष" / Assessment Year : 2022-23 K. D. Choudhari, Vs. Dcit, Circle-5, Pune. Office No.36, 37, 38, Krushi Udog Bhavan, Gultekdi, Shri Chhatrapati Shivaji Market Yard, Pune- 411037. Pan : Aanfk0084B Appellant Respondent Assessee By : Shri Pramod Shingte Revenue By : Shri Amol Khairnar Date Of Hearing : 05.08.2025 Date Of Pronouncement : 08.09.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.12.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2022-23. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Passing An Order U/S 250 Dated 19/12/2024, By Observing That Appellant Has Not Responded To Notices Issued In Appellate Proceedings, Thereby Completely Ignoring The Detailed Submissions Made In Response To Last Three Notices, That To On Or Before Due Date Mentioned, Such Casual Approach In The Appellate Proceeding Is Unacceptable Because, Ld. Cit(A) Ought

38,285 under section 68 cash credit being entire unsecured loan accepted during the year by disregarding explanation and information submitted by the appellant the action of Learned Assessing Officer is illegal and arbitrary the entire addition deserves to be deleted 3. On the facts and in the circumstances of the case and in law learned Assessing Officer erred

ANSHUL ANIL GOEL,PUNE vs. DY. COMMISSIONER OF INCOME TAX (1) 1, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2024-25

38,76,29,470/- claiming total TDS of Rs. 14,53,50,759/- & TCS of RS 25,28,802/-. Out of the total TCS claimed, an amount of Rs. 15,78,602/- collected for self and TCS of Rs. 9,50,200/- was collected in the hands of his Minor child whose income was clubbed with his income

CMA CGM AGENCIES (INDIA) PRIVATE LIMITED,ELPHINSTONE ROAD WEST, MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1), PUNE, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1455 & 1456/Pun/2023 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18

TDS had to be deducted u/s.194J of the Act. 4. Being aggrieved, an appeal was filed before the CIT(A)/NFAC who vide impugned order confirmed the action of the Assessing Officer. 5. Assailing the order of CIT(A)/NFAC, the assessee is in appeal before the Tribunal in the present appeal. 6. We heard the rival submissions and perused

CMA CGM AGENCIES (INDIA) PRIVATE LIMITED,ELPHINSTONE ROAD WEST, MUMBAI vs. INCOME TAX OFFICER, WARD - 1(2), PUNE, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1455 & 1456/Pun/2023 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18

TDS had to be deducted u/s.194J of the Act. 4. Being aggrieved, an appeal was filed before the CIT(A)/NFAC who vide impugned order confirmed the action of the Assessing Officer. 5. Assailing the order of CIT(A)/NFAC, the assessee is in appeal before the Tribunal in the present appeal. 6. We heard the rival submissions and perused

CMA CGM AGENCIES INDIA PRIVATE LIMITED,ELPHINSTONE ROAD-WEST, MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

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

Bench: Shri G. D. Padmahshali & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1454/Pun/2023 िनधा"रण वष" / Assessment Year : 2013-14 Cma Cgm Agencies India Vs. Dcit, Circle-1(1), Pune. Private Limited, One International Centre, Tower-3, 8Th Floor, Senapati Bapat Marg, Elphistone Road- West, Mumbai- 400013. Pan : Aadcc3951G Appellant Respondent Assessee By : Mahenov Thakkar Revenue By : Shri Nitin Patil Date Of Hearing : 24.07.2024 Date Of Pronouncement : 22.08.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.11.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “Disallowance Under Section 40(A)(Ia) Of The Act Amounting To Rs.4,86,77,518/- 1. Erred In Upholding The Action Of The Learned Assessing Officer (‘Ao’) & Holding That Payment Of It Services To Be In The Nature Of Royalty Under Section 9(1)(Vi) Of The Act/ Fees For Technical Services Under Section 9(1)(Vii) Of The Act;

section 271(1)(c) of the Act. The Appellant craves leave to add, alter, modify or delete such other objection before or during the course of hearing.” 3. The facts of the case, in brief, are that the assessee is a domestic company in which public is not substantially interested. The assessee company is engaged in the business of shipping

BANK OF INDIA, NHARARE BRANCH,,PUNE vs. INCOME-TAX OFFICER, TDS-1,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group

BANK OF INDIA, BHAVANI PETH BRANCH,,PUNE vs. INCOME-TAX OFFICER, TDS -1,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group

BANK OF INDIA,CHAKAN BRANCH,,PUNE vs. INCOME-TAX OFFICER, TDS-1,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group

BANK OF INDIA, SAHAKAR NAGAR BRANCH,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, TDS,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group

BANK OF INDIA, THEUR BRANCH,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, TDS-1,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group

BANK OF INDIA, DASHBHUJA GANPATI BRANCH,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, TDS,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group

BANK OF INDIA, TILAK ROAD BRANCH,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, T D S,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group

BANK OF INDIA , JUNNAR BRANCH,,PUNE vs. INCOME-TAX OFFICER, TDS-1,, PUNE

In the result, the impugned orders are set aside and all the appeals are allowed for statistical purpose in the terms aforesaid

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

38 287/PUN/2019 Bank of India, ITO, TDS - 1, Pune 2009-10 Theur Branch, At Theur, Tal.-Haveli, Pune – 412202 PAN : AAACB0472C 39 288/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Wanawadi Branch, 9A Anchor House, Kondhwa Road, Wanawadi, Pune – 411040 PAN : AAACB0472C 40 289/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 6 Bank of India Group