M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

144C(3) dated 30.01.2020 after making the addition on account of TP adjustment of Rs.22,76,78,495/-, addition on account of commission expenditure of Rs.16,03,019/- and addition on account of difference in returned loss as per original C.O. No.14/PUN/2021 return of income filed by the assessee company on 28.11.2016. Accordingly, the Assessing Officer assessed total loss

LIQUIDHUB ANALYTICS PVT. LTD. (NOW MERGED WITH CAPGEMINI TECHNOLOGY SERVICES INDIA LTD),PUNE vs. NFAC, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

Section 153 of the Act and therefore, bad in law and be struck down and annulled 4. The Ld. AD erred in passing the final assessment order u/s 143(3) r.w.s 144C(13) dated July 26, 2024 on the name of the Appellant company which has ceased to exist pursuant to the merger with Capgemini Technology Services India Limited

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-

144C(3) was passed on 31.01.2019. Aggrieved by the assessment order, assessee filed an appeal before ld.CIT(A) on 27.02.2019. Then, vide letter dated 15.06.2022, Assessee requested ld.CIT(A) to admit additional ground. The additional ground was as under : “7. Refund of excess taxes paid on the dividend distributed On facts and circumstances of the case

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

144C(13) of the Income Tax Act, 1961 (‘the Act’) at total income of Rs.390,30,53,064/- after making the following disallowances to the returned income :- (a) Disallowance u/s 14A of Rs.6,46,83,703/-. (b) Disallowance of EDP (Electronic Data Processing) expenses of Rs.42,49,840/-. (c) Disallowance on Foreign Travelling Expenses – Employees of Rs.22

SHRI GURUDEV CHANDRASHEKHAR KARANTH,PUNE vs. INCOME TAX DEPARTMENT CIT(DRP-3), MUMBAI

In the result, Grounds Number 1 and 2 raised by the Assessee are allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.147/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Shri Gurudev Chandrashekhar V Income Tax Department Karanth, S. Cit(Drp-3), Mumbai-1. 21 Cozy Retreat, Sindh Colony, Aundh, Pune – 411007. Maharashtra. Pan: Cgnpk6203J Appellant/ Assessee Respondent / Revenue Assessee By Shri B.C.Malakar – Advocate Revenue By Shri Prakash L Pathade – Cit-Dr Date Of Hearing 04/03/2025 Date Of Pronouncement 02/06/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Under Section 147 R.W.S 144C(13) Of The Income Tax Act, 1961 Dated 23.12.2024 For The A.Y.2018-19, Emanating From The Order Of The Dispute Resolution Panel U/S.144C(5) Of The Act, Dated 20.12.2024. The Assessee Has Raised The Following Grounds Of Appeal :

144C(13) of the Act, assessing the Total Income of the Assessee at Rs.7,75,500/-. 3. Aggrieved by the Assessment Order, the Assessee filed appeal before this Tribunal. 3.1 Thus, in this case it is an admitted fact that the Assessee was NRI and source of funds for purchase of flat number 4101, Building Alpine, Kandivali Mumbai was Income

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1) , PUNE vs. FIAT INDIA AUTOMOBILES PRIVATE LIMITED, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

144C(1) of the IT Act. Since according to the calculation of the Assessing Officer, the assessee has no brought forward loss the assessee company reduced business loss of Rs.139 crores from business profits as per clause 3 of Explanation below section 115JB(2) of the IT Act. 3. After considering the submissions of the assessee, the Assessing Officer passed

M/S. FIAT INDIA AUTOMOBILES PRIVATE LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

144C(1) of the IT Act. Since according to the calculation of the Assessing Officer, the assessee has no brought forward loss the assessee company reduced business loss of Rs.139 crores from business profits as per clause 3 of Explanation below section 115JB(2) of the IT Act. 3. After considering the submissions of the assessee, the Assessing Officer passed

JADE GLOBAL SOFTWARE PRIVATE LIMITED,PUNE vs. ASSESSMENT UNIT, NATIONAL FACELESS ASSESSMENT CENTRE, PUNE

In the result, the Appeal of the Assessee is allowed for statistical purpose

section 144B of the Income Tax Act, 1961; dated 05.07.2024 for Assessment Year 2020-21. The assessee has raised the following grounds of appeal :\n\"1. Incorrect rejection of TP Study by the Transfer Pricing Officer.\n\n1.1 The TPO erred on facts and in law in rejecting the Transfer Pricing documentation (TP Study) maintained by the Assessee stating that

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. FINOLEX CABLES LTD,, PUNE

In the result, appeal of the Revenue is partly allowed

Bench: Shri R.S. Syal, Hon. Vice-& Shri Partha Sarathi Chaudhury, Hon.Dcit, Circle-8, Vs M/S. Finolex Cables Ltd., Pune. 26/27, Mumbai Pune Road, Pimpri, Pune. Pan: Aaacf 2637 D Appellant/Revenue Respondent /Assessee Assessee By : Shrij.G. Pendse, Ar Revenue By : Shrim.M. Chate, Cit Dr Date Of Hearing : 24/05/2023 Date Of Pronouncement : 26/05/2023 Order Perpartha Sarathi Chaudhury, Jm: This Appeal Preferred By The Revenue Emanates From The Order Of Commissioner Of Income Tax (Appeals)-13, Pune, Dated 19.05.2022For A.Y.2013-14 As Per The Following Revised Grounds Of Appeal:- “1(A) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Allowing The Claim Of The Assessee U/S 80Ic On Income Earned From Sale Of Scrap Without Appreciating The Fact That Assesses Itself Categorized Income Earned From Sale Of Scrap As Other Income In The Profit & Loss Statement Of Roorkee Unit Undertaking & The Same Is Not Derived From The Activities Of The Eligible Business. 1(B) Whether On The Facts & Circumstances Of The Case & In Law, The Ld.Cit(A)Has Erred In Ignoring The Decision Of Hon'Ble Supreme Court In The Case Of Liberty India Vs. Cit (2009) 317 Itr 218 (Sc) Wherein The Words "Derived From' Is Explained? 1(C) Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Allowing The Claim Of The Assessee U/S 80Ic On Sale Of Scrap, Relying On The Decision Of The Hon'Ble Madras High Court In The Case Of M/S Fenner India Ltd. (241 Itr 803) Without Appreciating The Facts That The Same Has Been M/S. Finolex Cables Ltd.

Capital Asset management Ltd. reported as 86 taxmann.com 200? 3(a) Whether on the facts and in circumstances of the case, Ld. CIT(A) was justified in allowing the appeal of the assessee by deleting the transfer pricing adjustment in the transaction of allocation of common expenses to the manufacturing unit in Roorkee for which the assessee is claiming deduction

CUMMINS INDIA LIMITED,,PUNE vs. ACIT CIRCLE 1(1), PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपील सं. / Ita No.2111/Pun/2019 "नधा"रण वष" / Assessment Year : 2015-16

144C(13) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2015-16. 2. The first issue raised through six grounds is against the transfer pricing adjustment of Rs.30.28 crore made in the international transaction of `Payment of Royalty for use of technology’. 2 Cummins India Limited 3. Briefly stated, the facts

VELOCITY TECH-SOL INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 13, , PUNE

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

capital adjustment 1 CG VAK Software and Exports Ltd. 3.76% 2 Akshay Software Technologies Ltd. 4.45% 3 E Zest Solutions Ltd. 12.60% 4 Prism Informatics Ltd. 4.57% 5 Evoke Technologies Pvt. Ltd. 7.63% 6 Sundaram Infotech Solutions 10.92% Limited 7 Spray Resources India Pvt. Ltd. 18.57% Arithmetic Mean 8.93% 4. On noticing the above international transactions, the Assessing Officer referred

M/S. EXTENTIA INFORMATION TECHNOLOGY PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

In the result, the appeal is partly allowed for statistical

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2013-14 M/S. Extentia Information Technology Vs. Dcit, Pvt. Ltd., Circle-1(2), Pune Extentia Tower, Survey No.209-1,2,3, Sub Plot No.34, Road No.12A, Kalyani Nagar, Pune – 411 006 Pan : Aaace7933M Appellant Respondent

144C(13) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2013-14. 2. Modified grounds have been filed and also certain additional grounds have been raised by the assessee. Since the additional 2 M/s. Extentia Information Technology Pvt. Ltd. grounds involve pure question of law and do not require any fresh

M/S. HYUNDAI CONSTTRUCTION EQUIPMENT INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 M/S. Hyundai Construction Equipment Vs. Acit, Circle 9, India Private Limited Pune Plot No.A-2, Chakan Midc, Phase-Ii, Khalumbre, Chakan-Talegaon Road, Chakan, Taluka-Khed, Pune – 410501 Pan: Aabch8756Q Appellant Respondent

section 144C(13) of the Income- tax Act, 1961 (hereinafter also called ‗the Act‘) in relation to the assessment year 2013-14. 2. Ground No.1 is general. The ld. AR did not press ground No.2 taken in the Memorandum of appeal. Ground No. 9 is premature. These grounds are, therefore, dismissed. 3. Succinctly, the factual matrix of the case

E-GAIN COMMUNICATIONS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.2675/Pun/2017 िनधा"रण वष" / Assessment Year: 2013-14 E-Gain Communications Pvt. Vs. Dcit, Circle-1(2), Pune. Ltd., Office No.702, 7Th Floor, B-1, The Cerebrum It Park, Vadgaon Sheri, Kalyani Nagar, Pune- 411014. Pan : Aaacn9946R Appellant Respondent Assessee By : Shri Madhur Agarwal Revenue By Shri Arvind Desai : Date Of Hearing : 06.06.2022 Date Of Pronouncement : 17.06.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 13, Pune. [‘The Cit(A)’] Dated 11.08.2017 For The Assessment Year 2013-14. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Wholly Owned Subsidiary Of Egain Communication

Gain Communications Pvt. Vs. DCIT, Circle-1(2), Pune. Ltd., Office No.702, 7th Floor, B-1, The Cerebrum IT Park, Vadgaon Sheri, Kalyani Nagar, Pune- 411014. PAN : AAACN9946R Appellant Respondent Assessee by : Shri Madhur Agarwal Revenue by Shri Arvind Desai : Date of hearing : 06.06.2022 Date of pronouncement : 17.06.2022 आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed

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

144C(13) r.w.s. 143(3) of the Income Tax Act 1961 (Act) for the assessment year 2014-15. 2. The Appellant has raised the following grounds of appeal “Ground No.1: On the facts and circumstances of the case, and in law, the Hon„ble DRP erred in directing the Ld. AO to tax the receipt Rs.9