DEPUTY COMMISSIONER OF INCOME-TAX vs. AVESTA COMPUTERS PVT. LTD.,, PUNE

In the result, both the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.2070 & 2071/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 & 2009-10 The Dy. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle 1(1), Pune …. Vs. Avesta Computers Pvt. Ltd., Kapil Complex, Baner Road, Baner, …. प्रत्यथी / Respondent Pune – 411045 Pan: Aabca4736F

section 10A(5) of the Act as per which deduction u/s 10A cannot be allowed unless report of an accountant is furnished in prescribed Form No.56F ITA Nos.2070 & 2071/PUN/2016 3 certifying that deduction has been correctly claimed as per law. In this case form No.56F has been filed in the reassessment proceeding before the Assessing Officer and is beyond

DEPUTY COMMISSIONER OF INCOME-TAX vs. AVESTA COMPUTERS PVT. LTD.,, PUNE

In the result, both the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.2070 & 2071/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 & 2009-10 The Dy. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle 1(1), Pune …. Vs. Avesta Computers Pvt. Ltd., Kapil Complex, Baner Road, Baner, …. प्रत्यथी / Respondent Pune – 411045 Pan: Aabca4736F

section 10A(5) of the Act as per which deduction u/s 10A cannot be allowed unless report of an accountant is furnished in prescribed Form No.56F ITA Nos.2070 & 2071/PUN/2016 3 certifying that deduction has been correctly claimed as per law. In this case form No.56F has been filed in the reassessment proceeding before the Assessing Officer and is beyond

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

10A shall apply to the articles or things or services referred to in sub-section (1) as if— (a) for the figures, letters and word "1st April, 2001", the figures, letters and word "1st April, 2006" had been substituted; (b) for the word "undertaking", the words "undertaking, being the Unit" had been substituted. (9) The provisions of sub-section

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"

depreciation have to be adjusted before allowing the deduction under section 10A and the same has been upheld by Hon'ble Supreme Court in the case of vide Civil Appeal No.1501 of 2008 [2013- TIOL-53-SC-IT-LB] and dismissed the appeal of the assessee. 3

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED, (EARLIER KNOWN AS IGATE GLOBAL SOLUTIONS LTD),,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal of Revenue is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

10A is not an exhaustive provision and it has been further elaborated in sub-section (4) to mean the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of the business carried

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD,, PUNE

In the result, the appeal of Revenue is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

10A is not an exhaustive provision and it has been further elaborated in sub-section (4) to mean the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of the business carried

CAPGEMINI TECHNOLOGY SERVICES INDIA LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

10A by providing that the report of the auditor in the prescribed form should be filed before the specified date referred to in section 44AB, which, in turn, refers to section 139(1) of the Act. Thus, for the period anterior to the amendment carried out by the Finance Act, 2020, the only requirement was to furnish the audit report

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -11,, PUNE vs. CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED , (FORMERLY IGATE GLOBAL SOLUTIONS LTD.),, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

10A by providing that the report of the auditor in the prescribed form should be filed before the specified date referred to in section 44AB, which, in turn, refers to section 139(1) of the Act. Thus, for the period anterior to the amendment carried out by the Finance Act, 2020, the only requirement was to furnish the audit report

SUNGARD SOLUTIONS (INDIA) P. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

10A of the Act to Unit II treating it as an expansion of Unit I. 4. Others. 4.1. The Learned AO has erred in levying interest under Section 234B and Section 234C of the Act; 4.2. On the facts and in the circumstances of the case, the Learned AO erred in initiating penalty proceedings under section

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. SUNGARD SOLUTIONS (I) PVT. LTD.,, PUNE

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

10A of the Act to Unit II treating it as an expansion of Unit I. 4. Others. 4.1. The Learned AO has erred in levying interest under Section 234B and Section 234C of the Act; 4.2. On the facts and in the circumstances of the case, the Learned AO erred in initiating penalty proceedings under section

M/S SUNGARD SOLUTIONS (INDIA) PRIVATE LIMITED,PUNE vs. DCIT, BANGALORE

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

10A of the Act to Unit II treating it as an expansion of Unit I. 4. Others. 4.1. The Learned AO has erred in levying interest under Section 234B and Section 234C of the Act; 4.2. On the facts and in the circumstances of the case, the Learned AO erred in initiating penalty proceedings under section

DCIT, BANGALORE vs. M/S SUNGARD SOLUTIONS INDIA PVT. LTD.,, BANGALORE

In the result, the appeal of Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

10A of the Act to Unit II treating it as an expansion of Unit I. 4. Others. 4.1. The Learned AO has erred in levying interest under Section 234B and Section 234C of the Act; 4.2. On the facts and in the circumstances of the case, the Learned AO erred in initiating penalty proceedings under section

BARCLAYS SHARED SERVICES PRIVATE LIMITED(MERGED WITH BARCLAYS TECHNOLOGY CENTRE INDIA PVT LTD),PUNE vs. ACIT, COMPANY CIRCLE-1(2), CHENNAI

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2010-11 Barclays Shared Services Private Vs. Acit, Limited (Merged With Barclays Company Circle- Technology Centre India Private Limited 1(2), Chennai Now Known As Barclays Global Service Centre Private Limited, Ground Floor, Wing-3, Cluster A, Eon Free Zone, Midc Knowledge Park, Kharadi, Pune, Maharashtra 411014 Pan :Aadcr6251L Appellant Respondent Assessee By Shri Nikhil Mutha Revenue By Shri Deepak Garg Date Of Hearing 08-03-2021 Date Of Pronouncement 09-03-2021 आदेश / Order

3. Gain on sale of fixed assets 10. The next item in dispute is gain on sale of fixed assets. The ld. AR submitted that the assessee never claimed any deduction in respect of this item and the AO was not justified in excluding it. The ld. DR could not controvert the position stated on behalf of the assessee

VENTURA (INDIA) PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 13,, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 2168/Pun/2017 नििाारण वषा / Assessment Year : 2011-12 Ventura (India) Private Limited Wing-C, Marisoft, Kalyani Nagar Annex, Wadgaonsheri, Pune-411 014. Pan : Aabce3274C .......अऩीऱाथी / Appellant बिाम / V/S.

depreciation and losses of the unit the Income which is not eligible for deduction under s. 10A of the Act cannot be set off against the current profit of the eligible unit for computing the deduction under s. 10A of the IT Act.” 8. The Hon‟ble Supreme Court of India in the case of CIT & Anrs. Vs. Yokogawa India

DEPUTY COMMISSIONER OF INCOME-TAX vs. BAG ELECTRONICS (INDIA) PVT. LTD.,, PUNE

In the result, the appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1545/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2008-09 वष"

3) of the Act, the assessed income is determined at Rs.3,33,513/- as against the Nil income returned by the assessee. Contents of Para No.4 of the assessment order are relevant. For the sake of completeness, the same is reproduced here as under : “04. Submission of the assessee has been considered. It is an undisputed fact that assessee

INCOME-TAX OFFICER vs. SAFE PRO PACK LTD.,, PUNE

In the result, the appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1545/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2008-09 वष"

3) of the Act, the assessed income is determined at Rs.3,33,513/- as against the Nil income returned by the assessee. Contents of Para No.4 of the assessment order are relevant. For the sake of completeness, the same is reproduced here as under : “04. Submission of the assessee has been considered. It is an undisputed fact that assessee

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act on the increased income due to disallowance of depreciation on intangible assets amounting to ₹ 2.26 crores is though covered in favour of assessee by the ratio laid down by the Hon’ble Bombay High Court in CIT Vs. Gem Plus Jewellery India Ltd. (supra), however, since we have allowed the claim of assessee, the issue

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD., (NOW MERGED WITH KPIT CUMMINS INFOSYSTEMS LTD),PUNE vs. ACIT, CIRCLE 11(1), PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act on the increased income due to disallowance of depreciation on intangible assets amounting to ₹ 2.26 crores is though covered in favour of assessee by the ratio laid down by the Hon’ble Bombay High Court in CIT Vs. Gem Plus Jewellery India Ltd. (supra), however, since we have allowed the claim of assessee, the issue