DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12 PUNE, PUNE vs. JANATA GRAHAK MADHYAWARTI SAHKARI SANGH MARYADIT, PUNE

In the result, the appeal of the Revenue in ITA No

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

TDS from the interest other than interest on securities. Therefore it cannot be said that cooperative banks are excluded from the definition of cooperative societies by such an amendment. AYs. 2016-17, 2017-18 & 2020-21 30. Moreover, as reliance placed on the aforesaid decision for applicability of section 80P(4) of the Act in the facts of the case

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

Section 36(1)(iii) of the Act. The issue raised be deleted. 3. Issue no 3 raised on account of deemed rent u/s 23 by the first level appellate authority is not in accordance with the provisions of the Act. The issue raised be deleted. 4. Issue no 4 raised u/s 56(2)(vii) on account of difference between stamp

UJWAL FINE HOMES,PUNE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX -3, PUNE

In the result, appeal of the assessee is dismissed

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita Nos.491/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Ujwal Fine Homes, V The Principal High Bliss, S No.23, Dhayri S Commissioner Of Income Narhe Road, Pune – 411041. Tax, Pune -3, Pune. Pan; Aabfu7293E Appellant/ Assessee Respondent / Revenue Assessee By Shri C.H.Naniwadekar – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 21/11/2024 Date Of Pronouncement 28/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Principal Commissioner Of Income Tax, Pune-3, Pune U/Sec.263 Of The Income Tax Act, 1961; Dated 09.02.2024 For The A.Y.2018- 19. The Assessee Has Raised The Following Grounds Of Appeal : “1. In Issuing The Notice U/S 263 Of The Income-Tax Act, 1961 For Ay 2018-19

vii) and Section 36(2) of the Act the Amount needs to be written Off as irrecoverable in the accounts of the assessee. Also, as per section 36(2) of the Act such Debts should have been taken into account in computing the income of the assessee of the previous year in which such debt is written off. Both these

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

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD., AURANGABAD. vs. TAPADIYA CONSTRUCTION LTD, AURANGABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

TDS @1% u/s 1941A would also be required to be deducted for extra amenities such as club membership fees, car parking fee, electricity and water facility. maintenance fee or any other charges of similar nature paid at the time of purchase of property which are incidental to transfer of the immovable property. From the above it is clear that there

M/S KIRAN SANRAN ASSOCIATES,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE, PUNE

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

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

56,225/- 27,41,121/- 3.1 Further, on perusal of assessment records, it is found that there is substantial variation between consideration received or accrued and value adopted or assessed or assessable. The same difference is corroborated by the Index-II submitted with respect to the concerned sales. However, during the course of assessment proceedings, the assessee had relied

AJINATH SANTRAM KHARAT,PUNE vs. INCOME TAX OFFICER, WARD-2(3), NASHIK, NASHIK

In the result, appeal of the Assessee is allowed for\nstatistical purpose

vii)(b)(ii) were not attracted\nand that all evidences relied upon were before the ld AO and no\nadditional evidences were filed before Hon CIT(A) and therefore\ndismissal of this ground by the Hon CIT(A) was not justified and\nconsequent addition be kindly deleted.\n2. The appellant craves leave to add, alter, amend and or vary\nthe

ASHISH NIRANJAN SHAH,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.697/Pun/2019 िनधा"रण वष" / Assessment Year : 2014-15 Ashish Niranjan Shah, The Pr.Cit-4, Pune. 39, Mantri Court, Dr.Ambedkar V Road, Next To Rto, Sangam, S Pune – 411001. Pan: Aidps 7682 K Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Keyur Patel, Irs – Cit-Dr Date Of Hearing 28/07/2023 Date Of Pronouncement 13/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Pr.Commissioner Of Income Tax-4, Pune Dated26.03.2019 Under Section 263 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Learned Pr. Cit- 4, Pune Erred In Law & On Facts In Treating The Assessment Order U/S 143(3) Being Erroneous & Thereby Prejudicial To The Revenue U/S 263 Without Appreciating That, The Learned Ao Has Allowed Appellant'S Claim Of Business Loss Amounting To Rs.10,20,14,068/- Incurred On Account Of Default In Payment By Nsel, With Due Application Of Mind & Verification. The Learned Pr. Cit Erred In Holding That, Ao Has Not Carried Out Any Enquiry With Respect To Business Loss Claimed By The Appellant & Not Applied His Ashish Niranjan Shah [A]

vii) of the Income-tax Act, 1961 - Bad debts - Assessment year 2004-05 - Whether even when a part of debt is written off it can be allowed as bad debt - Held, yes - Whether once a provision for doubtful debt has been debited in P/L a/c and corresponding provision has been credited or reduced from debtor's a/c on assets side

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:

vii) of the Act nor liable to deduct tax at source u/s 194J of the Act. Therefore, the Assessing Officer was not justified in invoking the provisions of section 40(a)(ia) of the Act to disallow the A&M expenses of Rs.2,47,13,051/-. Accordingly, we direct the Assessing Officer to 15 allow the A&M expenses

BANK OF MAHARASHRA,PUNE vs. THE PR. COMMISSIONER OF INCOME TAX, PUNE, PUNE

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

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

TDS & Disallowance for such Default vii. Refund Claim viii. Business Loss ix. ICDS Compliance and Adjustment x. Disallowance u/s 40A(7) (Gratuity provision) xi. Expenses incurred for Earning Exempt Income xii. Excess Contribution to Provident Fund, Superannuation Fund or Gratuity Fund xiii. Capital Gains/Income on Sale of Property xiv. Business Expenses 3. The Assessing Officer completed the assessment

TIBCO SOFTWARE B.V.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, (IT), CIRCLE - 2,, PUNE

Appeal is allowed for statistical purposes

Bench: Shri R.S.Syal & Sonjoy Sarma,Jm Assessment Year : 2014-15 Tibco Software B.V. ...... Appellant C/O Tibco Software India P.Ltd. 3 Floor, Binnarius,Deepak Complex, National Games Road, Shastri Nagar, Yerwada, Pune – 411 006. Pan : Aaect3252G V/S. Dcit(It),Circle-2, Pune ……Respondent

TDS‟) amounting to INR 2,47,666. Ground No.7: On the facts and circumstances of the case and in law, the Ld. AO has erred in initiating penalty proceedings against the Appellant under Section 274 r.w.s 271(1)(c) of the Income-tax Act, 1961.” 3. Briefly, the facts are under : 4. The Appellant TIBCO Software

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

56,26,034/-\nTAX DEPARTMENT L\nAdd: Disallowances u/s.14A r.w.s.\n47,55,629/-\nliii\nAssessed Book Profit\n820,03,81,663/-\n13.2 Since, the tax liability u/s.115JB of the I.T. Act, 1961 of the assessee\ncompany will come less than the tax on regular income, the tax liability of the\nassessee company is worked out under normal provisions of Income

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

In the result, appeal of the assessee bearing ITA No

56,26,034/-\nAdd: Disallowances u/s.14A r.w.s.\n47,55,629/-\nliii\nAssessed Book Profit\n820,03,81,663/-\n\n13.2 Since, the tax liability u/s.115JB of the I.T. Act, 1961 of the assessee\ncompany will come less than the tax on regular income, the tax liability of the\nassessee company is worked out under normal provisions of Income

COL R D NIKAM SAINIK SAHAKARI BANK LTD,,SATARA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, SATARA CIRCLE,, SATARA

The appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.794/Pun/2019 िनधा"रणवष" / Assessment Year : 2012-13 Col R D Nikam Sainiksahakari The Asst. Commissioner Of Bank Ltd., Vs Income Tax, Satara Circle, Chh. Shivaji Maharaj Circle, Satara. Powai Naka, Satara – 415001. Pan: Aabas 2355 J Appellant/ Assessee Respondent /Revenue Assessee By Miss Renuka Ghatge – Ca Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 13/09/2022 Date Of Pronouncement 06/12/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Isdirected Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-4, Pune Dated 28.02.2019 For The A.Y. 2012-13 Under Section 250Of The Income Tax Act, 1961(In Short “The Act”). The Assessee Has Raised The Following Grounds Of Appeal In Form Number 36 Of Appeal Memo: “1. The Learned Assessing Office Is Not Justified In Adding The Liabilities & Capital Receipts Credited To General Reserve Totaling To Rs.6,73,807/- To The Total Income & Addition Should Be Deleted.

2(e) as: "'Scheduled Bank' means a bank included in the second schedule." Hence, the Scheduled Banks in India are those banks, which are included in the second schedule of RBI Act. The RBI includes only those banks in second schedule which satisfy the criteria laid down in section 42(6)(a) of the Act. Thus, all other companies which

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

2 relate to the order of the Ld. CIT(A) / NFAC\nin allowing the claim of deduction u/s 35(2AB) of the Act.\n63.\nAfter hearing both sides, we find the Assessing Officer disallowed the claim\nof deduction u/s 35(2AB) on the ground that Form 3CM was not available and the\nassessee has not produced Form 3CL. We find

DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. FORCE MOTORS LTD.,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपीऱ सं. / Ita No. 1192/Pun/2017 नििाारण वषा / Assessment Year : 2004-05

2. The brief facts of the case are that the assessee company is engaged in the manufacturing of light and commercial vehicles, utility vehicles, tractors and three wheelers. The assessee company filed its return of income for assessment year 2004-05 on 01.11.2004 showing an income of 3 A.Y.2004-05 Rs.45,17,70,470/-. The assessment was completed determining the income

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

vii) Copies of sample invoices and list of parties to whom the payment is made for more than INR 1,00,000/- viii) Additional invoice copies of 46 risk inspection surveyors out of the 71 parties wherein payment towards risk inspection was more than Rs. 1,00,000/- ix) Details of Address, PAN, TDS etc. in connection with two parties

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

vii) Copies of sample invoices and list of parties to whom the payment is made for more than INR 1,00,000/- viii) Additional invoice copies of 46 risk inspection surveyors out of the 71 parties wherein payment towards risk inspection was more than Rs. 1,00,000/- ix) Details of Address, PAN, TDS etc. in connection with two parties