PASHANKAR AUTO WHEELS PVT LTD,PUNE vs. CIT(A) CIRCLE-4, PUNE

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

TDS statement-Rent (Section 194I) 44,19,390 4 TDS statement – Rent (section 194-I) 4,50,000 2 3. He, therefore

DCIT, CIRCLE 8 PUNE, PUNE vs. ALFA LAVAL INDIA PVT LTD, PUNE

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

section 40(a)(ia). He\nfurther submitted that from the books of account of the asssessee it was established\nthat these were actual expenses incurred during AY 2017-18 and not the\n\"provisions for expenses” on which TDS was not deducted. He submitted that the\nassessee failed to furnish any documentary evidence that TDS was deducted during\nthe assessment

VILAS KISAN PATIL,URAN vs. ASSESSING OFFICER, ASSESSMENT UNIT, ITD, PANVEL

In the result, appeal of the assessee is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2178/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Vilas Kisan Patin, V The Assessing Officer, House No.82, Panje, S Assessment Unit, Itd, Uran,Tal.Panvel, Panvel. Dist-Raigad, Maharashtra – 400702. Pan: Ayipp1671N Appellant/ Assessee Respondent /Revenue Assessee By Shri Subodh Ratnaparkhi – Ar Revenue By Shri Arvind Desai – Addl.Cit(Dr) Date Of Hearing 24/12/2024 Date Of Pronouncement 24/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] U/Sec.250 Of The Income Tax Act, 1961; Dated 29.08.2024 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Hon. Cit(A) Erred In Upholding Addition Of Rs.1,92,72,028/- Made By Ld. Ao By Relying Upon The Provisions Of Section 56(2)(Viii) R.W.S 57(Iv) R.W.S. 145A(B) Of The I.T.Act, 1961, Not Appreciating That The Said Amount Was Interest Granted U/S 28 Of The Land Acquisition Act, 1894 & Thus Bore The Character Of Enhanced Compensation On Acquisition Of Agricultural Land Situated At Village Panje, Tal.Uran, Dist. Raigd, Maharashtra & Was Therefore Exempt From Tax & The Addition Is Required To Be Deleted. 2. The Appellant Craves Leave To Add, Later, Amend And/Or Vary The Grounds Of The Appeal At Any Time Before The Decision Of The Appeal.” Submission Of Ld.Ar : 2. Ld.Ar For The Assessee Filed A Paper Book Containing 54 Pages. Ld.Ar Filed A Written Submission. Ld.Ar Submitted That Assessee Had Received Rs.3,85,44,057/- As Interest Under Section 28 Of The Land Acquisition Act. Ld.Ar Submitted That Said Interest Is Not Taxable As Held By The Hon’Ble Bombay High Court. Ld.Ar Filed Copy Of The Judgment. Ld.Ar Also Relied On The Following

Section 4 of the Land Acquisition Act, 1894 dated 25/11/1986. The said land was agricultural land. The District Court of Alibaug have awarded the assessee additional compensation plus solatium @30% u/sec.23, additional benefit @12% per annum u/s.23(1)(A) and interest u/s.28 of the Land 3 Acquisition Act, 1884 of Rs.3,85,44,057/- on which TDS

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

44,000/- under section 43B of the Income Tax Act 1961. The provisions of section 43B of the Act are not applicable for interest on loan availed from government and therefore the addition is liable to be deleted. 2. On the basis of facts and circumstances of the case, the Ld CIT(A) has erred in disallowing interest expenses paid

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 thereupon. The Revenue’s case in light of the departmental authorities stand throughout is that the same represents “Royalty” for use of copyright than purchase of copyrighted article claim on behalf of the assessee’s which attracts Section 40(a)(i) disallowance. We find that instant second issue also stands adjudicated in tribunal’s earlier order (supra) in assessee

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 thereupon. The Revenue’s case in light of the departmental authorities stand throughout is that the same represents “Royalty” for use of copyright than purchase of copyrighted article claim on behalf of the assessee’s which attracts Section 40(a)(i) disallowance. We find that instant second issue also stands adjudicated in tribunal’s earlier order (supra) in assessee

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 thereupon. The Revenue’s case in light of the departmental authorities stand throughout is that the same represents “Royalty” for use of copyright than purchase of copyrighted article claim on behalf of the assessee’s which attracts Section 40(a)(i) disallowance. We find that instant second issue also stands adjudicated in tribunal’s earlier order (supra) in assessee

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 thereupon. The Revenue’s case in light of the departmental authorities stand throughout is that the same represents “Royalty” for use of copyright than purchase of copyrighted article claim on behalf of the assessee’s which attracts Section 40(a)(i) disallowance. We find that instant second issue also stands adjudicated in tribunal’s earlier order (supra) in assessee

M/S KOLTE PATIL DEVELOPERS LTD,PUNE vs. DCIT,CIRCLE-7, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2014-15

TDS on the compensation paid to Dipps Hospitality Pvt. Ltd. and hence, the disallowance made u/s 40(a)(ia) was not warranted. 6] Without prejudice the assessee submits that if any disallowance is warranted u/s 40(a)(ia), the same should be restricted to 30% of the expenditure claimed and the action of the A.O. in disallowing entire expenditure

INCOME-TAX OFFICER, WARD - 6(3),, PUNE vs. SUBHASH & B.T. PATIL & SONS & N.V.KHAROTE CONSTRUCTIONS PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed

TDS apportionment certificates were also issued by the Assessing Officer every year for these eight years including the current assessment year to enable them to claim the same in their own cases. Moreover, there was no Profit and Loss Account in the assessee's case and there was no claim of any expenditure. Therefore, there was no question

GERA HOLDINGS PVT. LTD.,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE, PUNE

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.0391/Pun/2024 निर्धारण वर्ा / Assessment Year : 2020-21 Gera Holdings Pvt. Ltd., 200, Gera Plaza, Boat Club Road, Pune – 411 001 Pan : Aaacg6704C . . . . . . . अपीलार्थी / Appellant

44,142/- was deducted by Barclay Global Service Centre Pvt. Ltd. against the payment to one of it’s group company [in short ‘sister concern’]. Since such TDS wasn’t reflected in assessee’s Form 26AS, the credit of such TDS was denied though income offered thereagainst was assessed in the hands of assessee. The Revenue averred that, TDS credit

VINEET TIWARI,BENGALURU vs. CIRCLE 12, PUNE, PUNE

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

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

TDS Form 63,57,095/- 24Q, Section 192) AIR-002 Credit Card bills Paid Rs.2,00,000 or more 8,51,621/- against Credit Card bills Total 72,44

VINEET TIWARI,BANGALORE vs. CIRCLE 12, PUNE, PUNE

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

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

TDS Form 63,57,095/- 24Q, Section 192) AIR-002 Credit Card bills Paid Rs.2,00,000 or more 8,51,621/- against Credit Card bills Total 72,44

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

44,88,051 invoking provisions of section 14A of the Act read with sub-rule (2) of Rule 8D of the Rules without recording any satisfaction which is a sine qua non for making disallowance under section 14A read with Rule 8D(2)(iii) of the Rules. 13. Notwithstanding and without prejudice to the above and on facts and circumstances

AUTOCOMP CORPORATION PANSE PRIVATE LIMITED ,PUNE vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE

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

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

44,145/- under Section 115JAA to be set off against the tax amount calculated under the normal provisions (non MAT provisions). The computation of income and consequent demand including interest charged under Section 234 A, B and C were prima facie incorrect and ought to have been corrected by the AO. 5 TDS

AUTOCOMP CORPORATION PANSE PRIVATE LIMITED ,PUNE vs. ASST. COMMISSIONER OF INCOME TAX, PUNE

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

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

44,145/- under Section 115JAA to be set off against the tax amount calculated under the normal provisions (non MAT provisions). The computation of income and consequent demand including interest charged under Section 234 A, B and C were prima facie incorrect and ought to have been corrected by the AO. 5 TDS

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

44,75,01,310/-. The case was selected for scrutiny through CASS. Statutory notices u/s 143(2) and 142(1) of the Income Tax Act, 1961 (the “Act”) were issued and served upon the assessee. 3.1 A reference was made to the Transfer Pricing Officer (“TPO”) u/s 92CA(1) of the Act to determine the Arm’s Length Price

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