ALNESH AKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

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

gains of business or profession" The language used in Section 37(1) was "laid out or expended for the purpose of the business or profession and not "laid out or expended for the purpose of making or earning such income and set out in section 57(iii). The words in Section 57(iii) being narrower, contended the revenue, they cannot

VASCON ENGINEERS LTD (SUCCESSOR TO ANGELICA PROPERTIES PVT. LTD.),PUNE vs. ADDITIONAL COMMISSIONER OF INCOME-TAX,, PUNE

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

36,67,376/- claimed in the total Income while declaring the income from Matrix I.T Building under the head ‘Income from House Property'. 8. The Ld. CIT(A)) has erred in law and in facts in holding that the assessee is not eligible to claim deduction of maintenance expenses of Rs.50,39,563/- against the maintenance charges received from

M/S. ANGELICA PROPERTIES PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER INCOME-TAX,,

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

36,67,376/- claimed in the total Income while declaring the income from Matrix I.T Building under the head ‘Income from House Property'. 8. The Ld. CIT(A)) has erred in law and in facts in holding that the assessee is not eligible to claim deduction of maintenance expenses of Rs.50,39,563/- against the maintenance charges received from

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

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 relied upon

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

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 relied upon

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

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 relied upon

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

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 relied upon

M/S. GARUDA PLANT PRODUCT LTD.,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee in ITA No

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.1539/Pun/2016 नििाारण वषा / Assessment Year : 2012-13 M/S. Garuda Plant Product Ltd. B-26, Additional Midc Area, Ambad, Nashik-422 010. Pan : Aaacg0563H .......अऩीऱाथी / Appellant बिाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1, Nashik. ……प्रत्यथी / Respondent

Section 36(1)(iii) of the Act is attracted since the assessee has not borrowed the funds for any business purpose. The assessee has also not explained how this investment in shares in associate company is going to serve its business interest. The argument of the assessee also did not find favour with the Ld. Commissioner of Income Tax (Appeal

M/S. GARUDA PLANT PRODUCT LTD,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

In the result, appeal of the assessee in ITA No

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.1539/Pun/2016 नििाारण वषा / Assessment Year : 2012-13 M/S. Garuda Plant Product Ltd. B-26, Additional Midc Area, Ambad, Nashik-422 010. Pan : Aaacg0563H .......अऩीऱाथी / Appellant बिाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1, Nashik. ……प्रत्यथी / Respondent

Section 36(1)(iii) of the Act is attracted since the assessee has not borrowed the funds for any business purpose. The assessee has also not explained how this investment in shares in associate company is going to serve its business interest. The argument of the assessee also did not find favour with the Ld. Commissioner of Income Tax (Appeal

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

capital expenditure and cannot be allowed as deduction. 29. On the other hand, ld. Sr. Counsel submits that the expenditure which does not qualify for weighted deduction can be allowed as revenue expenditure either under the provisions of section 35(1)(iv) or u/s 37(1) of the Act. He submits that this issue was covered by the decision

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. BANK OF MAHARASHTRA,, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

iii. Nizamabad District Co-Operative Bank Ltd., 2014 (12) TMI 562 – ITAT, Hyderabad; iv. Vijaya Bank Vs. JCIT in ITA No. 915/Bang/2017 for assessment year 2012-13 decided on 05-01-2018. 6.2 On the other hand ld. DR vehemently defended the action of Commissioner of Income Tax (Appeals) in restricting the disallowance u/s. 36(1)(viii) to the extent

BANK OF MAHARASHTRA,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

iii. Nizamabad District Co-Operative Bank Ltd., 2014 (12) TMI 562 – ITAT, Hyderabad; iv. Vijaya Bank Vs. JCIT in ITA No. 915/Bang/2017 for assessment year 2012-13 decided on 05-01-2018. 6.2 On the other hand ld. DR vehemently defended the action of Commissioner of Income Tax (Appeals) in restricting the disallowance u/s. 36(1)(viii) to the extent

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. BANK OF MAHARASHTRA,, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

iii. Nizamabad District Co-Operative Bank Ltd., 2014 (12) TMI 562 – ITAT, Hyderabad; iv. Vijaya Bank Vs. JCIT in ITA No. 915/Bang/2017 for assessment year 2012-13 decided on 05-01-2018. 6.2 On the other hand ld. DR vehemently defended the action of Commissioner of Income Tax (Appeals) in restricting the disallowance u/s. 36(1)(viii) to the extent

BANK OF MAHARASHTRA,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

iii. Nizamabad District Co-Operative Bank Ltd., 2014 (12) TMI 562 – ITAT, Hyderabad; iv. Vijaya Bank Vs. JCIT in ITA No. 915/Bang/2017 for assessment year 2012-13 decided on 05-01-2018. 6.2 On the other hand ld. DR vehemently defended the action of Commissioner of Income Tax (Appeals) in restricting the disallowance u/s. 36(1)(viii) to the extent

SANGEETA BASAVRAJ MANGRULE,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, AURANGABAD

Appeal is dismissed in above terms

iii) Enforcement Directorate should then be informed to take action under prevention of Money laundering Act for the predicate offences. Merely creating documents and routing the transactions through banking channels does not sacrosanct the unexplained transaction as genuine. Similarly creating a paper trail through the contract notes is also immaterial when the transactions are collusive in nature. Reliance is placed

SINHGAD TECHNICAL EDUCATION SOCIETY,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

gains were computed, the company was entitled to the deduction under section 10(2)(x) of the bonus paid from the profits for the year I95I, even though the amount had not been entered in its accounts for that year. 161. We find the Ahmedabad Bench of the Tribunal in the case of Hitachi ACIT Vs. Home and Life Solutions

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SINHAGAD TECHNICAL EDUCATION SOCIETY,, PUNE

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

gains were computed, the company was entitled to the deduction under section 10(2)(x) of the bonus paid from the profits for the year I95I, even though the amount had not been entered in its accounts for that year. 161. We find the Ahmedabad Bench of the Tribunal in the case of Hitachi ACIT Vs. Home and Life Solutions

SINHGAD TECHNICAL EDUCATION SOCIETY,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

Accordingly, additional ground No.3 by the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos. 2075 To 2077 & 2110/Pun/2014 "नधा"रण वष" / Assessment Years: 2007-08 To 2009-10 Sinhgad Technical Education Society, S. No. 44/1, Vadgaon ( Budruk), Off. Sinhagad Road, Pune-411 041. Pan : Aabts9900Q. …....अपीलाथ" / Appellant बनाम / V/S.

gains were computed, the company was entitled to the deduction under section 10(2)(x) of the bonus paid from the profits for the year I95I, even though the amount had not been entered in its accounts for that year. 161. We find the Ahmedabad Bench of the Tribunal in the case of Hitachi ACIT Vs. Home and Life Solutions