DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE, PUNE vs. ADVIK HI-TECH PVT. LTD., PUNE

In the result, the cross appeal filed by the Revenue in ITA\nNo

capital gains' when such\ngains ought to have been taxed as normal income as provided\nin Section 43AA of the Act as was correctly done by the AO.”\n\n20. In ground no.4, the Revenue has challenged the direction of\nLd. CIT(A)/NFAC to tax the foreign gain of Rs.52,44,688/- as\ncapital gains instead of normal income

ASST. CIT, CIRCLE-6, PUNE vs. SAKAL PAPERS LIMITED,, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri R.S. Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

gain on sale of such shares amounting to Rs.7,13,29,191/-. In the assessment framed u/s.143(3) of the Act, the Assessing Officer assessed the same as business income on the reason that the act of the assessee shifting the value of stock- in-trade to the head investment clearly indicated the colourable mind of the assessee and thus

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

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

capital loss despite transaction is not falling under section 94 (7) of the act holding it to be sham and fictitious transaction is devoid of any merit. Accordingly on the merits also, orders of the lower authorities are reversed and ground number 4 – 7 of the appeal are allowed.” 20. We find Jaipur Bench of the Tribunal in the case

DCIT CIRCLE 1(1), PUNE, SWARGATE vs. ENTRATA INDIA PVT. LTD, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

capital in nature. Accordingly, without going into merits of the case of the assessee, we set-aside the impugned order of Ld. CIT(A) on this limited issue with a direction to decide this ground of appeal afresh as per fact and law after providing reasonable opportunity of hearing to the assessee. The assessee is also directed to produce

ENTRATA INDIA PVT. LTD. ,PUNE vs. DCIT, CIRCLE-1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

capital in nature. Accordingly, without going into merits of the case of the assessee, we set-aside the impugned order of Ld. CIT(A) on this limited issue with a direction to decide this ground of appeal afresh as per fact and law after providing reasonable opportunity of hearing to the assessee. The assessee is also directed to produce

ASSTT COMMISSIONER OF INCOME TAX , CIRCLE -4 , PUNE vs. M/S PERSISTENT SYSTEMS LIMITED, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 497, 498 & 499/Pun/2020 धनधाारण वषा / Assessment Years: 2014-15, 2015-16 & 2016-17 The Assistant Commissioner Of Income Tax, Circle-4, Pune. .......अपीलाथी / Appellant बनाम / V/S.

801A(10) of the Income tax Act, 1961 without appreciating the fact that the assessee itself in the comparables furnished in its transfer pricing report had 'shown 'ordinary profit' to be of 18.27% as against net profit 'margin of 35.04% shown by the assessee. 5. The appellant craves leave to add, alter, amend or omit any of the above grounds

ASSTT COMMISSIONER OF INCOME TAX , CIRCLE -1, PUNE vs. M/S PERSISTENT SYSTEMS LIMITED, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 497, 498 & 499/Pun/2020 धनधाारण वषा / Assessment Years: 2014-15, 2015-16 & 2016-17 The Assistant Commissioner Of Income Tax, Circle-4, Pune. .......अपीलाथी / Appellant बनाम / V/S.

801A(10) of the Income tax Act, 1961 without appreciating the fact that the assessee itself in the comparables furnished in its transfer pricing report had 'shown 'ordinary profit' to be of 18.27% as against net profit 'margin of 35.04% shown by the assessee. 5. The appellant craves leave to add, alter, amend or omit any of the above grounds

ASSTT COMMISSIONER OF INCOME TAX , CIRCLE -1 , PUNE vs. M/S PERSISTENT SYSTEMS LIMITED , PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 497, 498 & 499/Pun/2020 धनधाारण वषा / Assessment Years: 2014-15, 2015-16 & 2016-17 The Assistant Commissioner Of Income Tax, Circle-4, Pune. .......अपीलाथी / Appellant बनाम / V/S.

801A(10) of the Income tax Act, 1961 without appreciating the fact that the assessee itself in the comparables furnished in its transfer pricing report had 'shown 'ordinary profit' to be of 18.27% as against net profit 'margin of 35.04% shown by the assessee. 5. The appellant craves leave to add, alter, amend or omit any of the above grounds