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

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

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

TDS) was cumbersome and involves a lot of paper work and collection from the company would be much easier. (ii) Since there was no tax incidence in the hands of the shareholder that would encourage investment in the shares of domestic companies. Sec.115O so introduced in Chapter XII-D of the Act reads thus: “115-O. (1) Notwithstanding anything contained

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

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 and thus bore the character of enhanced compensation on acquisition of agricultural land situated at Village Panje, Tal.Uran, Dist. Raigd, Maharashtra and was therefore exempt from tax and the addition is required

SIDHESH MOHAN RAIKAR,NASHIK vs. DEPUTY DIRECTOR OF INCOME TAX, CENTRALIZED PROCESSING CENTRE, BANGLORE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.294/Pun/2025 Assessment Year : 2023-24

57,068/-. This comprises of Rs. 89,957/- as TDS on salary and Rs. 67,111/- as TDS on income other than salary. The apportionment of her income within the Appellant's total income comes to Rs. 3,49,596/-. Accordingly, the proportionate TDS on other income, amounting to 33,555/- (50% of 67,111/-), should have been claimed

M/S. PIAGGIO VEHICLES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.868/Pun/2022 िनधा"रण वष" / Assessment Year: 2015-16 Piaggio Vehicles Private Ltd., V The Assistant Sky One Corporate Park, S Commissioner Of Income Ground Floor, Survey Tax, Circle-4, Pune. No.239/02, Near Pune Airport, Pune – 411032. Pan: Aabcp1225G Appellant/ Assessee Respondent / Revenue Assessee By Shri Siddhesh Chaugule – Ar Revenue By Shri Vidya Ratan - Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-13, Pune For Assessment Year 2015-16 Dated 06.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Refund Of Excess Taxes Paid On Dividend Distributed On The Facts & Circumstances Of The Case & In Law, The Hon'Ble Cit(A) Has Erred In Not Granting The Benefit Of Article 11 Of The India-

TDS) was cumbersome and involves a lot of paper work and collection from the company would be much easier. (ii) Since there was no tax incidence in the hands of the shareholder that would encourage investment in the shares of domestic companies. Sec.115O so introduced in Chapter XII-D of the Act reads thus: “115-O. (1) Notwithstanding anything contained

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

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. ANSYS SOFTWARE PVT.LTD,, BENGALURU

In the result, appeal of the Revenue is dismissed

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 664/Pun/2018 धनधाारण वषा / Assessment Year : 2005-06 The Deputy Commissioner Of Income Tax, Circle 1(1), Pune. .......अपीलाथी / Appellant बनाम / V/S. M/S. Ansys Software Pvt. Ltd. Kabra Excelsior, 3Rd Floor, #6A, 7Th Main, 1St Block, Kormangala, Bengaluru-560 034 Pan : Aadca1658E ……प्रत्यथी / Respondent Revenue By : Shri Divya Bajpai Assessee By : Shri V. Narendra Sharma

57,840/- to be allowed as expenditure in assessment year 2005-06 as per the first proviso to section 40(a)(i) of the Act which was inserted with effect from 01.04.2015. The balance TDS

BHAGWAN VITHOBA MORE,,LATUR vs. INCOME-TAX OFFICER, WARD - 1,, LATUR

Appeal is dismissed in above terms

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteshri Bhagwan Vithoba More, The Income Tax Officer At Post Kopergaon, Ward -1, Latur Taluka & Dist. Latur Vs. Pan : Azvpm7554P

section 57(iv) of the Act whereby a deduction of 50% of such income is allowed to the assessee in respect of income received u/s.56(2)(viii) of the Act. In view of the above, the assessing officer held that interest received on enhanced compensation of Rs.1,90,51,664/- is taxable u/s.56(2)(viii) of the Act and after

SAMADHAN KRUSHNA KATEKAR,RAIGAD vs. NATIONAL FACELESS ASSESSMENT CENTRE, RAIGAD

Appeal is partly allowed in above terms

Bench: Shri S.S. Godara & Shri G.D. Padmahshaliनिर्धारण वषा / Assessment Year : 2016-17 Samadhan Krushna Katekar Vs. National 214, Narmada Krishna Niwas Faceless Dhutum, Jasai Uran – 400702 Assessment Maharashtra Centre Pan : Azrpk4713E Appellant Respondent

57(iv), the AO added net interest income of Rs.34,16,010/- u/s. 56(2)(viii) of the Act. The ld. CIT(A), relying on certain decisions, which we will advert to in the later part of the order, jettisoned the claim of the assessee thereby approving the view of the AO in bringing to tax the interest income u/s.56

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

57,15,880/- 2 Subhash & B.T. Patil & Sons and N.V. Kharote A.Y. 2014-15 thereby making addition on account of (i) difference of receipts as per return of income and as per 26AS amounting to Rs. 76,46,806/- and (ii) disallowance of payments made in violation of provisions of section 40(a)(ia) of the Income

VIJAY VYANKATRAO MANE,SADASHIV PEATH vs. ADDITIONAL COMMISSIONER , ADDL/JCIT(A)- CHANDIGARH

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2015-16

57,439/- Interest paid to Financial corp Rs.11,74,767/- Interest paid to Financial corporations includes interest to non banking financial companies on which TDS provisions are applicable. If the tax has not been deducted as per section

NITIN PRAKASH KOCHAR,PUNE vs. ITO WARD 11(1), PUNE

In the result, appeal of the assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamore, Judicialmember आयकर अपील सं. / Ita No.1253/Pun/2024 िनधा"रण वष" / Assessment Year:2020-21 Dr.Nitin Prakash Kochar, Vs The Income Tax Officer, 302, Shrikrishnashrya Ward-1(1), Pune. Siociety, Kasba Peth, Pune – 411011. Pan: Acapk0236C Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket Joshi – Ar (Power Of Attorney On Record) Revenue By Shri Sandeep P Sathe – Dr Date Of Hearing 19/09/2024 Date Of Pronouncement 27/09/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, Dated 31.03.2024 For The A.Y.2020-21. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld. Cit(A) Erred In Confirming The Additions Of Rs.9,12,089 Made By The A.O. By Taxing The Total Income Of Rs.42,58,230 Declared In Nitin Prakash Kochar [A]

section 250 of the Income tax Act, dated 31.03.2024 for the A.Y.2020-21. The assessee has raised the following grounds of appeal : “1. The ld. CIT(A) erred in confirming the additions of Rs.9,12,089 made by the A.O. by taxing the total income of Rs.42,58,230 declared in Nitin Prakash Kochar [A] the original

JOHN DEERE INDIA PRIVATE LIMITED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2016-17 John Deere India Pvt. Ltd., Acit , Pune Tower.No.14, Magarpatta City, Cyber City, Vs. Hadapsar,I.E.S.O., Pune – 411013 Pan: Aaacj4233B (Appellant) (Respondent) Assessee By : Shri Nikhil Pathak Department By : Shri Ramnath P. Murkunde Date Of Hearing : 16-07-2024 Date Of Pronouncement : 22-07-2024 O R D E R Per R.K. Panda, Vp :

57,353 to JD Singapore during AY 2016-17. The appellant company deducted TDS on this as per section 115-O of the Act amounting

ANANT CHANGU MOKAL,DHATAV, KOLAD ROHA vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

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

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2341/Pun/2024 िनधा"रण वष" / Assessment Year: 2019-20 Anant Changu Mokal, V National Faceless Dhatav Midc Colony, Kokad S Assessment Centre. Roha, Roha Av S.O., Raigarh – 402116. Pan: Ahnpm1926F Appellant/ Assessee Respondent / Revenue Assessee By Ca Naina Chaurasia – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 24/04/2025 Date Of Pronouncement 23/06/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250Of The Income Tax Act, 1961; Dated 20.09.2024For Assessment Year2019-20. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Ctt(A) Nfac Erred In Law & On Facts In Confirming Addition Of Rs.1,38,86,973/- As Interest Income Received On Account Of Compulsory Land Acquisition U/S 28 Of The Land Acquisition Act, Thus

section 250of the Income Tax Act, 1961; dated 20.09.2024for Assessment Year2019-20. The assessee has raised the following grounds of appeal : “1. The learned CTT(A) NFAC erred in law and on facts in confirming addition of Rs.1,38,86,973/- as interest income received on account of compulsory land acquisition u/s 28 of the Land Acquisition Act, thus

SHRI VINAY BADERA,PUNE vs. ACIT CIRCLE 3, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 Shri Vinay Badera Acit, Circle 3, Pune 303, Rohan Tapovan, Sb Road, Vs. Gokhale Nagar, Pune – 411016 Pan: Abjpb1324J (Appellant) (Respondent) Assessee By : Shri B.S. Rajpurohit Department By : Shri Arvind Desai, Addl Cit-Dr Date Of Hearing : 30-01-2025 Date Of Pronouncement : 18-03-2025 O R D E R

section 57(iii) of the Act, any other expenditure (not being in the nature of capital expenditure) laid out or expended wholly and exclusively for the purpose of making or earning such income, is allowed as deduction against income shown as ‘Income from other sources’. He, therefore, asked the assessee to furnish the details of deductions claimed u/s 57 along

KUSUM JAYRAM THAKUR,RAIGAD vs. INCOME TAX OFFICER, WARD-3, PANVEL, PANVEL

Appeal is allowed in above terms

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

57(iv), the AO added net interest income of Rs.34,16,010/- u/s. 56(2)(viii) of the Act. The ld. CIT(A), relying on certain decisions, which we will advert to in the later part of the order, jettisoned the claim of the assessee thereby 5 ITA.No.1332/PUN./2023 approving the view of the AO in bringing

SHRIHARI HANMANT NAVRANGE,LATUR vs. INCOME-TAX OFFICER, WARD -3, LATUR

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

57(iv), the AO added net interest income of Rs.34,16,010/- u/s. 56(2)(viii) of the Act. The ld. CIT(A), relying on certain decisions, which we will advert to in the later part of the order, jettisoned the claim of the assessee thereby approving the view of the AO in bringing to tax the interest income u/s.56