JAIHIND NAGARI SAHKARI PATSANSTHA MARYADIT,NASHIK vs. INCOME TAX OFFICER, WARD- MALEGAON, NASHIK

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

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.135/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 Jaihind Nagari Sahkari Vs. Ito, Ward-1, Malegaon. Patsanstha Maryadit, Main Road, Raunaqabad, Malegaon, Nashik- 423203. Pan : Aaaaj8229M Appellant Respondent Assessee By : Shri Sanket Joshi Revenue By : Shri Rajesh Gawali Date Of Hearing : 20.06.2023 Date Of Pronouncement : 04.07.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 28.11.2022 For The Assessment Year 2017-18. 2. Briefly, The Facts Of The Case Are That Appellant Is A Co- Operative Society Registered Under The Maharashtra Co-Operative Societies Act, 1960. It Is Engaged In The Business Of Providing Credit Facilities To Its Members & Accepting The Deposits From Its Members. The Return Of Income For The Assessment Year 2017-18

10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading "C.—Deductions in respect of certain incomes", no deduction shall be allowed to him thereunder.’ 8. This section provides that where an assessee fails to make a claim in his return of income for any deduction, amongst others, the sections

ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. VISTEON ENGG. CENTRE (I) PVT. LTD.,, PUNE

In the result, appeal filed by the Revenue is dismissed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.625/Pun/2016 Assessment Year : 2011-12

depreciation etc. commencing from the year 2001-02 on completion of the period of tax holiday also virtually works as a deduction which has to be worked out at a future point of time, namely, after the expiry of period of tax holiday. The absence of any reference to deduction under Section 10A in Chapter

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

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

FAURECIA INTERIOR SYSTEMS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

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

10A of the Act of Rs. 3,34,928 for disallowance invoked under section 14Aofthe Act without appreciating that the Appellant is entitled to deduction on profits derived from the eligible undertaking which would include disallowance made under section 14 A of the Act.” 5. We shall now take up the discussion on the facts of the assessee. Briefly stated

SANCHAR GRAMIN BIGARSHETI SAHAKARI PATSANSTHA MARYADIT,JUNNAR vs. INCOME TAX OFFICE, WARD 8, PUNE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Dr.Manish Borad

10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading "C.—Deductions in respect of certain incomes", no deduction shall be allowed to him thereunder.’ 8. This section provides that where an assessee fails to make a claim in his return of income for any deduction, amongst others, the sections

SANCHAR GRAMIN BIGARSHETI SAHAKARI PATSANSTHA MARYADIT,JUNNAR vs. INCOME TAX OFFICE, WARD 8, PUNE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Dr.Manish Borad

10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading "C.—Deductions in respect of certain incomes", no deduction shall be allowed to him thereunder.’ 8. This section provides that where an assessee fails to make a claim in his return of income for any deduction, amongst others, the sections

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 had to be set off and only on the balance income, if any, the deduction under section 10A of the Act was to be computed. 5

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

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

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

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

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

5. Other income 13. The last item is a question is `Other income’ of Rs.29,257/-. The assessee did not explain the nature of this income before the authorities below as to how it was in relation to the ‘profits of the business of undertaking’. Same position continues before the Tribunal as well. In view of the fact that even

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

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

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.

5 A.Y.2011-12 Thus ITAT was correct in holding that the brought forward unabsorbed 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