JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1)(vi) Explanation 2(iii) and 2(iva) of the Act and pointed out that the Hon’ble High Court of Madras in Verizone Communications Singapore Pte Ltd. Vs. DDIT (supra) had discussed the issue of equipment royalty, whereas in M/s. T-3 Energy Services India Pvt. Ltd. Vs. JCIT (supra), on which the learned Authorized Representative for the assessee

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1)(vi) Explanation 2(iii) and 2(iva) of the Act and pointed out that the Hon’ble High Court of Madras in Verizone Communications Singapore Pte Ltd. Vs. DDIT (supra) had discussed the issue of equipment royalty, whereas in M/s. T-3 Energy Services India Pvt. Ltd. Vs. JCIT (supra), on which the learned Authorized Representative for the assessee

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1)(vi) Explanation 2(iii) and 2(iva) of the Act and pointed out that the Hon’ble High Court of Madras in Verizone Communications Singapore Pte Ltd. Vs. DDIT (supra) had discussed the issue of equipment royalty, whereas in M/s. T-3 Energy Services India Pvt. Ltd. Vs. JCIT (supra), on which the learned Authorized Representative for the assessee

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1)(vi) Explanation 2(iii) and 2(iva) of the Act and pointed out that the Hon’ble High Court of Madras in Verizone Communications Singapore Pte Ltd. Vs. DDIT (supra) had discussed the issue of equipment royalty, whereas in M/s. T-3 Energy Services India Pvt. Ltd. Vs. JCIT (supra), on which the learned Authorized Representative for the assessee

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

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

41. Having regard to the language of section 14A(2) of the Act, read with rule 8D of the Rules, we also make it clear that before applying the theory of apportionment, the Assessing Officer needs to record satisfaction that having regard to the kind of the assessee, suo motu disallowance under section 14A was not correct. It will

INCOME TAX OFFICER, PUNE vs. SAGAR CONSTRUCTION COMPANY, PUNE

In the result, the appeal filed by the Revenue is dismissed and the CO filed by the assessee is allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

TDS certificates / 15G forms for verification. The assessee filed an application for admission of additional evidences under Rule 46A before the Ld. CIT(A) / NFAC. The invocation of 6 CO No.43/PUN/2025 provisions of section 115BBE of the Act was also challenged before the Ld. CIT(A) / NFAC. 8. Based on the arguments advanced by the assessee

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1), PUNE

In the result, the assessee's appeal is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamore

TDS cannot substitute for the requirement of proving actual services rendered. Therefore, the appellant's explanation cannot be accepted as bona fide, and the disallowance represents income in respect of which inaccurate particulars were furnished. 5.5.3 The contention regarding tax neutrality is also without merit. Penalty under section 271(1)(c) is linked to the act of furnishing inaccurate particulars

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1, PUNE

In the result, the assessee's appeal is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamore

TDS cannot substitute for the requirement of proving actual services rendered. Therefore, the appellant's explanation cannot be accepted as bona fide, and the disallowance represents income in respect of which inaccurate particulars were furnished. 5.5.3 The contention regarding tax neutrality is also without merit. Penalty under section 271(1)(c) is linked to the act of furnishing inaccurate particulars

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1), PUNE

In the result, the assessee's appeal is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamore

TDS cannot substitute for the requirement of proving actual services rendered. Therefore, the appellant's explanation cannot be accepted as bona fide, and the disallowance represents income in respect of which inaccurate particulars were furnished. 5.5.3 The contention regarding tax neutrality is also without merit. Penalty under section 271(1)(c) is linked to the act of furnishing inaccurate particulars

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1), PUNE

In the result, the assessee's appeal is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamore

TDS cannot substitute for the requirement of proving actual services rendered. Therefore, the appellant's explanation cannot be accepted as bona fide, and the disallowance represents income in respect of which inaccurate particulars were furnished. 5.5.3 The contention regarding tax neutrality is also without merit. Penalty under section 271(1)(c) is linked to the act of furnishing inaccurate particulars

BANK OF INDIA, AHMEDNAGAR 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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

BANK OF INDIA, PUNE CITY 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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

BANK OF INDIA, WANAWADI 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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

BANK OF INDIA, DEHU ROAD 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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

BANK OF INDIA, HADAPSAR 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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

BANK OF INDIA, AUNDH BANER 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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

BANK OF INDIA, LAXMI ROAD 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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen

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

41 290/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2010-11 Spicer College Branch, Spicer College Campus, Aundh, Pune – 411007 PAN : AAACB0472C 42 291/PUN/2019 Bank of India, DCIT, TDS, Pune 2010-11 Tilak Road Branch, PMC Bldg. Tilak Road, Shukrawar Peth, Pune – 411002 PAN : AAACB0472C 43 292/PUN/2019 Bank of India, ITO, TDS – 1, Pune 2009-10 Bremen Chowk Branch, Bremen