INDUS BIOTECH LIMITED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

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

115-O of the Act to the Ld. AO\nwithout appreciating the fact that the said credit is also duly reflected in\nForm 26AS and relevant facts/documents are available on record with the\nLd. AO.\n4.2 The Appellant prays that the Ld. AO be directed to grant credit of DDT\nGround No. 5\n5.1 Without prejudice to the Ground

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

depreciation from A.Y. 1997-98 upto the A. Y. 2001-02 got carried forward to the assessment year 2002-03 became part thereof, it came to be governed by the provisions of section 32(2) as amended by Finance Act, 2001 and were available for carry forward and set off against the profits and gains of subsequent years, without

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”].

depreciation as per books of accounts under sub clause (iii) of Explanation 1 to Section 115JB. 4.2 The AO however in the asst order has reduced business loss of Rs.478,664 as per statement of carried forward losses u/s 72 of the IT Act while computing book profit Ws 115JB of the Asst Order. The AO has referred to section

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

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

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

115 BBE of the I.T. Act, 1961 w.e.f. 01.04.2013 wherein Act states as under- “115BBE (1) where the total income of an assessee includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, the income-tax payable shall be the aggregate of— (a) the amount of income-tax calculated

DCIT, PUNE vs. L B KUNJIR, PUNE

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

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

115 BBE of the I.T. Act, 1961 w.e.f. 01.04.2013 wherein Act states as under- “115BBE (1) where the total income of an assessee includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, the income-tax payable shall be the aggregate of— (a) the amount of income-tax calculated

DCIT CIRCLE 7, BODHI TOWER SALISBURY PARK vs. L B KUNJIR, PUNE

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

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

115 BBE of the I.T. Act, 1961 w.e.f. 01.04.2013 wherein Act states as under- “115BBE (1) where the total income of an assessee includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, the income-tax payable shall be the aggregate of— (a) the amount of income-tax calculated

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

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

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

115 BBE of the I.T. Act, 1961 w.e.f. 01.04.2013 wherein Act states as under- “115BBE (1) where the total income of an assessee includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, the income-tax payable shall be the aggregate of— (a) the amount of income-tax calculated

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

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

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

115 BBE of the I.T. Act, 1961 w.e.f. 01.04.2013 wherein Act states as under- “115BBE (1) where the total income of an assessee includes any income referred to in section 68, section 69, section 69A, section 69B, section 69C or section 69D, the income-tax payable shall be the aggregate of— (a) the amount of income-tax calculated

COVENTYA INDIA PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 1(3),, PUNE

In the result, appeal is partly allowed

Bench: Shri R.S. Syal, Vp & Shri S.S. Viswanethra Ravi, Jm आयकर अपीऱ सं. / Ita No. 3030/Pun/2017 नििाारण वषा / Assessment Year : 2014-15 Coventya India Private Limited Gat No.520 B, Shelkewadi, Rihe Andhale Road, Ghotawade Mulshi, Pune-412 115 Pan : Aaecc5710A .......अऩीऱाथी / Appellant बिाम / V/S. The Income Tax Officer, Ward-1(3), Pune. ……प्रत्यथी / Respondent

115 PAN : AAECC5710A .......अऩीऱाथी / Appellant बिाम / V/s. The Income Tax Officer, Ward-1(3), Pune. ……प्रत्यथी / Respondent Assessee by : Shri Kishore Phadke Revenue by : Shri Vitthal Bhosale सुनवाई की तारीख / Date of Hearing : 29.04.2021 घोषणा की तारीख / Date of Pronouncement : 29.04.2021 आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dated 29.09.2017 passed

GOPAL EXTRUSIONS PVT LTD,,JALGAON vs. INCOME-TAX OFFICER, WARD - 1(2),, JALGAON

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita. No.1633/Pun/2017 Assessment Year : 2008-09

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned thereafter in this section and in section 148 to 153 referred to as the relevant assessment year. Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant 9 Gopal Extrusions Pvt. Ltd. assessment

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

In the result, appeal of the Revenue is partly allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1236/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 The Assistant Kolhapur Zilla Sahakari Commissioner Of Income V Dudhutpadak Sangh Limited, Tax, S B-1, Midc, Gokul Shirgaon, Kolhapur. Kolhapur – 416234. Pan: Aaaak0230D Appellant / Revenue Respondent /Assessee Assessee By None. Revenue By Shri Sandeep P. Sathe – Dr Date Of Hearing 10/04/2024 Date Of Pronouncement 25/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Under Section 250 Of The Income Tax Act, 1961, Emanating From The Order Under Section 143(3) Of The Act, Dated 30.12.2019.The Revenue Has Raised The Following Grounds Of Appeal : “1. The Cit(A) Erred In Allowing Rs.5,62,220/- On Account Of Fixed Assets On Which Project Subsidy Was Received From National Dairy Development Board As The Department Has Contested The Issue Before The Supreme Court. Kolhapur Zilla Sahakari Dudh Utpadak Sangh Limited [R]

115/- from the actual cost of assets. Hence, AO re-worked the depreciation and made an addition of Rs.5,62,220/-. It has been mentioned in the assessment order by the Assessing Officer that for earlier years, in assessee’s own case this issue has been decided in favour of assessee and Department’s Appeal is pending before

VASCON ENGINEERS LTD (SUCCESSOR TO ANGELICA PROPERTIES PVT. LTD.),PUNE vs. ADDITIONAL COMMISSIONER OF INCOME-TAX,, PUNE

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

depreciation claimed by the appellant in the earlier years as the assets have now been held to be stock in trade by the Ld. CIT(A). 4. The Ld. CIT(A) has erred in law and in facts in confirming the addition of Rs.3,89,26,200/- made by the Assessing Officer on account of difference in Revenue recognized

M/S. ANGELICA PROPERTIES PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER INCOME-TAX,,

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

depreciation claimed by the appellant in the earlier years as the assets have now been held to be stock in trade by the Ld. CIT(A). 4. The Ld. CIT(A) has erred in law and in facts in confirming the addition of Rs.3,89,26,200/- made by the Assessing Officer on account of difference in Revenue recognized

M/S KUTE SONS DAIRYS LTD.,SATARA vs. PRINCIPAL COMMISSIONER OF INCOME-TAX -3,, PUNE

In the result, the appeal filed by the assessee stands dismissed

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.410/Pun/2022 िनधा"रण वष" / Assessment Year : 2017-18 M/S. Kute Sons Dairys Ltd., Vs. Pcit-3, Pune. S.No.406/407, At Nimbhore, Post Surwadi, Taluka Phaltan, Satara- 415523. Pan : Aabck0391C Appellant Respondent Assessee By : Shri N. K. Rander Revenue By : Shri Keyur Patel Date Of Hearing : 09.05.2023 Date Of Pronouncement : 15.05.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Pr. Commissioner Of Income Tax-3, Pune (‘The Pcit’) Dated 30.03.2022 Passed U/S 263 Of The Income Tax Act, 1961 (‘The Act’) For The Assessment Year 2017-18. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. Pr. Commissioner Of Income Tax Has Erred In Initiating Proceedings U/S.263 & Passing The Order Without Proper Jurisdiction. Appellant Prays To Declare Proceedings & Order Bad In Law.

Section 41(1). Appellant prays to cancel the Pr. CIT’s Order on the issue. 5. Appellant prays to add, alter, amend, modify, clarify the grounds and / or withdraw the Ground/s as the occasion may demand during appellate proceedings.” 3. Briefly, the facts of the case are as under : The appellant is a company formed under the provisions

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

Section 80HHC deals with deductions in respect of profits from export of computer software etc. 23. There also the words used are "export out of India". But to be eligible for deduction under the aforesaid provision, mere export out of India is not sufficient. What is to be exported out of India should be from India to a place outside

M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

Depreciation and B Amortisation – 537,805,260 2,781,271 138,280 3,820,041 30,431,612 37,171,204 1,607,101 499,026,955 2.6A reworked B.2 Sub total Indirect 5,185,975,966 11,073,027 550,532 15,208,666 121,156,878 147,989,103 12,437,115 5,052,549,778 expenditure

SHAHU SHIKSHAN PRASARAK MANDAL, LATUR,LATUR vs. ACIT (EXMP.) CIRCLE, AURANGABAD, AURANGABAD

In the result, the appeal of the assessee is allowed for statistical\npurposes

115 ITR 0519 (SC)\nIn this case, company had made investment in the shares by raising\nthe funds on which interest was paid. But investment in the shares\ndid not yield in the form of dividend. The question arose is that, as per\nsection 57(iii) of the Act, such expenditure is allowable, even though\ninvestment yields NIL income

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

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

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

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since