SUN INFRASTRUCTURES PRIVATE LIMITED,NASHIK vs. INCOME TAX OFFICER, WARD-2(1), NASHIK, NASHIK

In the result, the appeal of the assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

carry forward loss to subsequent assessment years. The AO has disallowed the same by holding as under- "It would be pertinent to mention here that the above assessed loss of Rs.73,24,3051- is inclusive of Depreciation

M/S. MULA PRAVARA ELECTRIC CO-OP. SOCIETY LTD.,,AHMEDNAGAR vs. DEPUTY SSISTANT COMMISSIONER OF INCOME-TAX,,

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No. 1776/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2012-13 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

depreciation totaling to Rs.41,89,87,895/- debited to the P&L Account. 2. On the facts and in the circumstances of the case and in continuation with ground No.1 CIT(A) has erred in not giving the benefit of carry forward of current year business loss

TRIZETTO SERVICES INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

forward of business loss and unabsorbed depreciation On the facts and in circumstances of the case, and in law, learned CIT (A) has erred in upholding the action of the AO in stating that business loss of INR 18,77,382 and unabsorbed depreciation of INR 31,91,446 is not available for carry

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)

carry forward of unabsorbed depreciation and brought forward losses to assessment year 2014-15 in the manner claimed by the assessee

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)

carry forward of unabsorbed depreciation and brought forward losses to assessment year 2014-15 in the manner claimed by the assessee

M/S. VARDHAN NUTRITIONS AND CHEMICALS PVT. LTD.,,RAIGAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.662/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Vardhan Nutritions & Chemicals Pvt. Ltd., Plot No.535/2, Ershimgathi Road, Old Thana Naka Road, Thana Naka, अऩीऱाथी/Appellant Panvel, Dist. Raigad. …. Pan: Aabcv9194J Vs. The Asst. Commissioner Of Income-Tax, …. प्रत्यथी / Respondent Panvel

Carried Forward Business Loss aggregating to Rs.8,65,154/-. 3. The issue which is raised in the present appeal filed by assessee is against claim of set off of current year’s business loss of ₹ 15,265/- and brought forward depreciation

BLUE STAR BUILDING MATERIAL PVT. LTD.,URAN PANVEL vs. ACIT CIRCLE PANVEL, PANVEL

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

Bench: MS.ASTHA CHANDRA, JUDICIAL MEMBER, AND DR.DIPAK P. RIPOTE (Accountant Member)

carry forward of business loss and un-absorbed depreciation as under: - 3 LOSSES TABLE Brought Losses Carried A.Y. HEAD Forward

DEPUTY COMMISSIONER OF INCOME-TAX vs. CUMMINS RESEARCH & TECHNOLOGY INDIA PVT. LTD.,, PUNE

In the result, appeal of the Revenue is dismissed

Bench: "याियक सद"य के सम" Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No. 2073/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष"

forward unabsorbed losses / depreciation, which can be set off against the other income of assessee. Both the authorities below had denied the claim to the assessee, in view of the ratio laid down by the Hon'ble Supreme Court in Himasingka Seide Ltd. Vs. CIT (supra). The perusal of the judgment of Hon'ble Karnataka High Court in the said

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7 PUNE, PUNE vs. L B KUNJIR, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1255/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 The Deputy Commissioner L B Kunjir, Of Income Tax, V S.No.52/1 Swanand Circle-7, Pune. S Building, Shree Ram Hsg Society, Kharadi, Chandanagar, Pune – 411037. Pan: Aabfl9816E Appellant / Revenue Respondent / Assessee Assessee By Shri Nikhil Pathak – Ar Revenue By Shri R.Y.Balawade – Addl.Cit Date Of Hearing 12/03/2024 Date Of Pronouncement 26/03/2024 आदेश/ Order

carry forward loss or depreciation, therefore, AO has erred. The ld.AR of the assessee submitted that in assessee’s own case

JAYNT VASUDEO ARADHYE,SOLAPUR vs. DCIT, CIRCLE-1, SOLAPUR, SOLAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

loss, - (a) carried forward or depreciation from any earlier assessment year, if such loss or depreciation is attributable to any of the deductions

SAHYADRI KARAD HOSPITALS PRIVATE LIMITED ,PUNE vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE , PUNE

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

loss carried forward U/s 72 and Rs.25,29,56,125/- as unabsorbed depreciation carried forward U/s 32(2) be allowed

SAHYADRI KARAD HOSPITALS PRIVATE LIMITED,PUNE vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE, PUNE

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

loss carried forward U/s 72 and Rs.25,29,56,125/- as unabsorbed depreciation carried forward U/s 32(2) be allowed

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -3, NASHIK vs. WINDSOR MACHINES LTD., MUMBAI

In the result, the appeal of Revenue is partly allowed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

carry forward unabsorbed depreciation for set off in the subsequent years. In view of the decision of Hon’ble Supreme Court as referred by the CIT(A) in para 5.4 of the impugned order, we do not find any infirmity in the reasons recorded by the CIT(A) and we agree with the same. Thus, the order

DEPUTY COMMISSIONER OF INCOME-TAX vs. JAIN IRRIGATION SYSTEM LTD.,, JALGAON

In the result, the appeal of Revenue is partly allowed for statistical purpose in the terms aforesaid

Bench: Shri R.S. Syal & Shri Vikas Awasthy

depreciation pertaining to assessment years 1993-94 to 1999-2000; (ii) Carry forward losses of amalgamating company M/s. Orient Vegetexpro

DEPUTY COMMISSIONER OF INCOME-TAX vs. FRESENIUS KABI INDIA PVT. LTD.,, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 2095/Pun/2016 "नधा"रण वष" / Assessment Year : 2006-07

depreciation and carry forward of loss cannot be set off against income under the head business and profession for more

NIRAMAYA MEDICAL FOUNDAION AND RESEARCH CENTRE PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 2(4),, PUNE

Appeal is allowed in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.793/Pun/2018 िनधा"रणवष" / Assessment Year : 2012-13 Niramaya Medical Foundation The Ito, Ward-2(4), Pune. & Research Centre Pvt. Ltd., Vs Gat No.105, Plot No.245-249, . Jalochi Taluka, Baramati, Pune – 413102. Pan: Aabcn 3300 N Appellant/ Assessee Respondent /Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 12/08/2022 Date Of Pronouncement 29/08/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2012-13 Is Directed Against The Commissioner Of Income Tax(Appeals)-2, Pune’S Order Dated 10.01.2017 Passed In Appeal No.Pn/Cit(A)- 2/Ito Wd-2(4)/Pn/534/2015-16, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

forward or unabsorbed depreciation is nil; or" 5.2.1 The Assessing Officer while following the aforesaid provision restricted the amount of business loss to be set off at Rs. 4,78,664/- as because this was the amount of business loss which was allowed to be carried

ASSISTANT COMMISSIONER OF INCOME TAX,, ICHALKARANJI vs. PARIKH SHANKARLAL KUNDANMAL,, KOLHAPUR

In the result, appeals of Revenue and the Cross Objections by the assessee are partly allowed

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita Nos.733 To 736/Pun/2017 यििाारण वषा / Assessment Years : 2004-05 To 2006-07 & 2009-10

carry forward unabsorbed depreciation, the Assessing Officer noted that the assessee had not considered the brought forward depreciation loss on notional

ASSISTANT COMMISSIONER OF INCOME TAX,, ICHALKARANJI vs. PARIKH SHANKARLAL KUNDANMAL,, KOLHAPUR

In the result, appeals of Revenue and the Cross Objections by the assessee are partly allowed

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita Nos.733 To 736/Pun/2017 यििाारण वषा / Assessment Years : 2004-05 To 2006-07 & 2009-10

carry forward unabsorbed depreciation, the Assessing Officer noted that the assessee had not considered the brought forward depreciation loss on notional