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26 results for “depreciation”+ Deemed Dividendclear

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Key Topics

Section 12A41Section 1125Section 10(20)24Section 143(3)22Addition to Income19Section 26312Section 288Section 143(1)8Section 41(1)8Exemption

NAGAR URBAN CO-OP BANK LTD,AHMEDNAGAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AHMEDNAGAR CIRCLE, AHMEDNAGAR

In the result, the appeal of the assessee is allowed

ITA 208/PUN/2024[2012-13]Status: DisposedITAT Pune08 Apr 2025AY 2012-13

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

For Appellant: Shri C.H. NaniwadekarFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 41(1)

deem it fit to decide the two additional issues pertaining to claim of depreciation on Govt. Securities amounting to Rs.1,12,00,000/- and dividend

INCOME-TAX OFFICER, WARD - 2(3),, SOLAPUR vs. SHRI. ULHAS MALLIKARJUN PATIL,, SOLAPUR

Appeal is partly allowed for statistical purpose in above terms

Showing 1–20 of 26 · Page 1 of 2

7
TDS6
Deduction5
ITA 1751/PUN/2018[2013-14]Status: Disposed
ITAT Pune
06 Sept 2022
AY 2013-14

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No.1751/Pun/2018 िनधा"रणवष" / Assessment Year : 2013-14 The Income Tax Officer, Shri Ulhas Mallikarjun Patil, Ward-2(3), Solapur, Vs Block No.3, Sunandan . Complex, Near Dayanand College, Ravivar Peth, Solapur – 413004. Pan: Akepp 1943 P Appellant/ Assessee Respondent /Revenue Assessee By Shri Krishna V Gujarathi – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 05/09/2022 Date Of Pronouncement 06/09/2022 आदेश/ Order Per S.S.Godara, Jm: This Revenue’S Appeal For Assessment Year 2013-14 Is Directed Against The Commissioner Of Income Tax(Appeals)-7, Pune’S Order Dated 31.08.2018 Passed In Case No.Pn/Cit(A)-7/Wd- 2(3)/10434/2016-147, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

Section 143(3)Section 24Section 50

dividend. Apparently, there are no other receipts which would depicts complex nature of letting out to treat rental receipt as business receipt ITA No.1751/PUN/2018 for A.Y. 2013-14 (A) Shri Ulhas M. Patil 5.6 The main issue is invocation of provisions of section 50 in respect of school building sold. Admittedly, no depreciation has been claim by the appellant

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

ITA 14/PUN/2024[2015-16]Status: DisposedITAT Pune07 Apr 2025AY 2015-16

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Kishor B. Phadke and Shri Piyush BafnaFor Respondent: Shri Chandra Vijay
Section 1Section 147Section 56(2)

depreciation; (iv) any amount representing provision for taxation, other than amount of tar paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act to the extent of the excess over the tax payable with reference to the book profits in accordance with

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

ITA 15/PUN/2024[2016-17]Status: DisposedITAT Pune07 Apr 2025AY 2016-17

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Kishor B. Phadke and Shri Piyush BafnaFor Respondent: Shri Chandra Vijay
Section 1Section 147Section 56(2)

depreciation; (iv) any amount representing provision for taxation, other than amount of tar paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act to the extent of the excess over the tax payable with reference to the book profits in accordance with

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

ITA 17/PUN/2024[2018-19]Status: DisposedITAT Pune07 Apr 2025AY 2018-19

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Kishor B. Phadke and Shri Piyush BafnaFor Respondent: Shri Chandra Vijay
Section 1Section 147Section 56(2)

depreciation; (iv) any amount representing provision for taxation, other than amount of tar paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act to the extent of the excess over the tax payable with reference to the book profits in accordance with

M/S ACCORD MEDIPLUS PVT LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE, PUNE

ITA 13/PUN/2024[2014-15]Status: DisposedITAT Pune07 Apr 2025AY 2014-15

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Kishor B. Phadke and Shri Piyush BafnaFor Respondent: Shri Chandra Vijay
Section 1Section 147Section 56(2)

depreciation; (iv) any amount representing provision for taxation, other than amount of tar paid as deduction or collection at source or as advance tax payment as reduced by the amount of tax claimed as refund under the Income-tax Act to the extent of the excess over the tax payable with reference to the book profits in accordance with

ASSISTANT COMMISSIONER OF INCOME TAX, AAYKAR BHAWAN, KOLHAPUR vs. KOLHAPUR ZILLA SAHAKARI DUDH UTPADAK SANGH LIMITED, KOLHAPUR

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

ITA 300/PUN/2024[2018-19]Status: DisposedITAT Pune11 Mar 2026AY 2018-19

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.300/Pun/2024 Assessment Year : 2018-19 Acit, Kolhapur Vs. Kolhapur Zilla Sahakari Dudh Utpadak Sangh Limited, B-1, Midc, Gokul Shirgaon, Kolhapur – 416234 Maharashtra Pan : Aaaak0230D Appellant Respondent

For Appellant: Shri Sushant PhadnisFor Respondent: Shri Amol Khairnar
Section 143(3)

depreciation in accordance with law. Needless to mention that ld. JAO shall provide reasonable opportunity of hearing to the assessee. Ground No.2 raised by the Revenue is allowed for statistical purposes. 5 Kolhapur Zilla Sahakari Dudh Utpadak Sangh Ltd. 9. Ground No.3 raised by the Revenue reads as under : “3. Whether on facts and circumstances of the case the Id.CIT

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

ITA 334/PUN/2021[2016-17]Status: DisposedITAT Pune31 May 2023AY 2016-17

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

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Naveen Gupta
Section 92C

depreciation of Rs.27,20,59,980/- not made by the assessee in its original return as well as revised return of income ?‖ 37. Ground of appeal no.1 challenges the correctness of decision of the ld. CIT(A) in holding that the performance guarantee is not an international transaction. The relevant findings

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

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

ITA 273/PUN/2021[2016-17]Status: DisposedITAT Pune31 May 2023AY 2016-17

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

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Naveen Gupta
Section 92C

depreciation of Rs.27,20,59,980/- not made by the assessee in its original return as well as revised return of income ?‖ 37. Ground of appeal no.1 challenges the correctness of decision of the ld. CIT(A) in holding that the performance guarantee is not an international transaction. The relevant findings

BHANDARI ASSOCIATES,PUNE vs. PR. COMMISSIONER OF INCOME TAX 2, PUNE, PUNE

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

ITA 1227/PUN/2024[2018-19]Status: DisposedITAT Pune14 Aug 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

For Appellant: Shri Suhas P Bora and Ms. Sampada S IngaleFor Respondent: Shri Amol Khairnar, CIT-DR
Section 133(6)Section 143(2)Section 143(3)Section 263

depreciation for Rs.1,76,06,470/- Purchase invoice for Sokar Power Generation system - Rs.9,63,909/-, Computer copier - Rs.32,473/- & Rs.23,400/-, Mobile-Rs.57,946/- and Furniture- Rs.3,03,726/-. 3. Furnish EB receipt and Property tax receipt. 4. RBL Bank Account statement (No.1037521) for the period from 01.02017 to 31.03.2018. 5. You have received dividend from Mahesh

ATLAS COPCO (INDIA) LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of the Revenue is dismissed and that

ITA 345/PUN/2017[2012-13]Status: DisposedITAT Pune18 Feb 2022AY 2012-13

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.302/Pun/2017 "नधा"रण वष" / Assessment Year : 2012-13 Dcit, Circle-8, Atlas Copco (India) Limited, Pune Vs. Mumbai-Pune Road, Dapodi, Pune – 411 012 Pan : Aaaca4074D (Appellant) (Respondent)

Section 92C

deem it proper to remit the matter to the file of the AO for carrying out necessary verification in this regard and then decide the issue accordingly. To clarify, if the AO, after capitalizing 80% of repairs cost for the assessment year 2004-05, continued with the enhanced value of block in the subsequent years as well, then the amount

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. ATLAS COPCO (INDIA) LTD,, PUNE

In the result, the appeal of the Revenue is dismissed and that

ITA 302/PUN/2017[2012-13]Status: DisposedITAT Pune18 Feb 2022AY 2012-13

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.302/Pun/2017 "नधा"रण वष" / Assessment Year : 2012-13 Dcit, Circle-8, Atlas Copco (India) Limited, Pune Vs. Mumbai-Pune Road, Dapodi, Pune – 411 012 Pan : Aaaca4074D (Appellant) (Respondent)

Section 92C

deem it proper to remit the matter to the file of the AO for carrying out necessary verification in this regard and then decide the issue accordingly. To clarify, if the AO, after capitalizing 80% of repairs cost for the assessment year 2004-05, continued with the enhanced value of block in the subsequent years as well, then the amount

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

ITA 323/PUN/2021[2013-14]Status: DisposedITAT Pune15 Sept 2022AY 2013-14
For Appellant: Shri Percy PardiwallaFor Respondent: Shri J. P. Chadraker
Section 10ASection 14ASection 35Section 35(1)

dividend and interest on bonds, share of profit from firms are the sources of income of assessee and the assessee has incurred expenditure on salary and miscellaneous expenses. Thus, these expenditures are incurred for earning both type of income. Thus the provisions of the Section 14A of the Income-tax Act, 1961 are squarely applicable and the same was applied

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

ITA 427/PUN/2024[2015-16]Status: DisposedITAT Pune17 Oct 2024AY 2015-16

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

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(35)Section 132Section 133ASection 143(1)Section 143(2)Section 153A

dividend income and allowability of 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

M/S. KOLTE-PATIL INTEGRATED TOWNSHIPS LIMITED,PUNE vs. PCIT - 4, PUNE

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

ITA 1030/PUN/2025[2020-21]Status: DisposedITAT Pune30 Sept 2025AY 2020-21

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar, CIT-DR
Section 143(1)Section 143(3)Section 263Section 3Section 41Section 41(1)

depreciation was claimed in excess has not been undertaken by the Principal Commissioner of Income-tax.” 21. We find the Co-ordinate Bench of the Tribunal in the case of Desai Infra Projects (I) Ltd. vs. Pr.CIT (supra) while quashing the 263 proceedings has observed as under: 15 “10.1. On a bare perusal of the sub section-1 would reveal

ITO, WARD-2(2), PUNE, PUNE vs. ANNAPURNA MAHILA CO-OP CREDIT SOCIETY LIMITED, PUNE

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

ITA 2108/PUN/2024[2018-19]Status: DisposedITAT Pune01 Apr 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 56Section 69CSection 80PSection 80P(2)(d)

dividend income derived by a co-operative society from investments with other co-operative societies, are also entitled to deduct the whole of such income, the object of the provision being furtherance of the co-operative movement as a whole”……………. In view of the above, the grounds of appeal no 1 is Allowed.” 3 3.1 So far as the deletion

ASHWINI SAHAKARI RUNGNALAYA & RESEARCH CENTER,,SOLAPUR vs. COMMISSIONER OF INCOME-TAX, (EXEMPTIONS),, PUNE

ITA 714/PUN/2018[N.A]Status: DisposedITAT Pune07 Mar 2024

Bench: Hon’Ble Shri S. S. Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No. 714/Pun/2018 Ashwini Sahakari Rugnalaya & Research Centre 7107/1, Plot No. 180, North Sadar Bazar, Solapur-413003. Pan: Aaaja0041K . . . . . . . अपीलार्थी / Appellant

For Appellant: Mr Pramod Shingte [‘Ld. AR’]For Respondent: Mr Keyur Patel [‘Ld. DR’]
Section 10Section 10(23)Section 11Section 12ASection 22Section 253(1)(c)

dividend amongst the members or doctor members of the assessee society. The incidental profit earned by the assessee is invariably utilized in expansion of hospitals building, its operations, purchase of technologically advanced medical instruments/devices, laboratory equipments etc., and this in turn enabled the assessee in providing better & improved medical services at reasonable prices. 7.4 Secondly, on the challenge against jurisdiction

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 545/PUN/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

dividend, interest, etc. However, the income exempt u/s section 11 or section 80IA are exempt on net basis. The provisions of section 11 or section 80IA do not allow any particular receipt to be exempted on outright basis but only the net income resulting is exempted, provided that the other conditions are fulfilled. Therefore, the action of ITA Nos.1153

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1153/MUM/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

dividend, interest, etc. However, the income exempt u/s section 11 or section 80IA are exempt on net basis. The provisions of section 11 or section 80IA do not allow any particular receipt to be exempted on outright basis but only the net income resulting is exempted, provided that the other conditions are fulfilled. Therefore, the action of ITA Nos.1153

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1155/MUM/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

dividend, interest, etc. However, the income exempt u/s section 11 or section 80IA are exempt on net basis. The provisions of section 11 or section 80IA do not allow any particular receipt to be exempted on outright basis but only the net income resulting is exempted, provided that the other conditions are fulfilled. Therefore, the action of ITA Nos.1153