PRODAIR AIR PRODUCTS INDIA PRIVATE LIMITED, PUNE,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, PUNE, PUNE

In the result, the appeal of the Assessee is Dismissed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.495/Pun/2022 िनधा"रण वष" / Assessment Year : 2018-19 Prodair Air Products India The Assistant Private Limited, V Commissioner Of 602 Pentagon 5, Magarpatta S Income Tax, Circle-4, City, Hadapsar, Pune – 411013. Pune. Pan: Aafcp0045E Appellant/ Assessee Respondent /Revenue Assessee By Shri Chandni Shah & Ridhi Maru – Ar Revenue By Shri Subhakant Sahu – Irs, Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 14/12/2023

144C(13) of the Act by Assistant Commissioner of Income Tax, Circle-4, Pune. Brief Facts of the Case : 2. In this case the Assessee had filed return of Income on 29/11/2017 declaring a Loss of Rs.3,01,04,36,145/-. Since there Prodair Air Products India Pvt. Ltd., [A] was International transactions with the Associated Enterprise (AE) the case

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

In the result, the appeal of assessee is allowed and the appeal of Revenue is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.739/Pun/2015 यििाारण वषा / Assessment Year : 2009-10 Jain Irrigation Systems Ltd., Plastic Park, Post Box No.72, N.H. No.6, Bambhori, अऩीऱाथी/Appellant Jalgaon – 425001 …. Pan: Aaacj7163Q Vs. The Jt. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Range-1, Jalgaon

144C of the Act i.e. has not issued any draft assessment order but has issued final ITA Nos.739 & 831/PUN/2015 3 assessment order along with demand notice and notice initiating penalty proceedings, then where in the case of assessee, an upward TP adjustment was made under section 92CA(3) of the Act by Transfer Pricing Officer (TPO), then such an order

JAIN IRRIGATION SYSTEMS LTD.,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed and the appeal of Revenue is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.739/Pun/2015 यििाारण वषा / Assessment Year : 2009-10 Jain Irrigation Systems Ltd., Plastic Park, Post Box No.72, N.H. No.6, Bambhori, अऩीऱाथी/Appellant Jalgaon – 425001 …. Pan: Aaacj7163Q Vs. The Jt. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Range-1, Jalgaon

144C of the Act i.e. has not issued any draft assessment order but has issued final ITA Nos.739 & 831/PUN/2015 3 assessment order along with demand notice and notice initiating penalty proceedings, then where in the case of assessee, an upward TP adjustment was made under section 92CA(3) of the Act by Transfer Pricing Officer (TPO), then such an order

BEKAERT INDUSTRIES P. LTD,PUNE vs. ACIT, PUNE

In the result, appeal of the assessee is allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.2376/Pun/2012 यििाारण वषा / Assessment Year :2008-09 Bekaert Industries Pvt. Ltd., Amar Paradigm, Near D Mart, S.No.110/11/3, Baner Road, अऩीऱाथी/Appellant Baner, Pune - 411045 …. Pan: Aaacb8571E Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 1(1), Pune

144C(13) of the Income-tax Act, 1961 (in short ‘the Act’). 2. The assessee has raised the following grounds of appeal:- The grounds stated hereunder are independent of, and without prejudice to one another: 1. Common Ground - On the facts and in the circumstances of the case, the Ld Assessing Officer ('AO') pursuant to the directions

KOSO INDIA PVT.LTD,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, NASHIK

In the result, the appeal is partly allowed for statistical

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.3044/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Koso India Private Limited, Vs. Dcit, Circle-1 H-33 & 34, Midc, Ambad, Nashik Nashik – 422 010 Pan : Aacck3621N Appellant Respondent

144C(3). Now, we come to the second scenario of the assessee aggrieved by the draft order. If the assessee is not satisfied with the draft order, sub- section (5) comes into play, which stipulates that the DRP shall, in a case where any objection is received under sub-section (2), issue such necessary directions for the guidance

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

8. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the disallowance made by the Assessing Officer amounting to Rs.56,11,914/- on account of additional depreciation on Windmill since the depreciation on civil works is allowed @ 10% and @15% on electric works instead of claimed by the assessee

NIHILENT TECHNOLOGIES P.LTD.,PUNE vs. ITO, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

144C(13) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2008-09. 2 ITA No. 2428/PUN/2012, A.Y. 2008-09 2. The brief facts of the case as emanating from records are: The assessee company is engaged in rendering software services. During the period relevant to the assessment year under appeal the assessee

EATON TECHNOLOGIES PRIVATE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

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

Depreciation claim 3. Deduction and deposit of TDS 4. Deduction under Chapter VIA 5. Expenses incurred for earning exempt income 6. Tax deduction, TDS deposit and TDS statement filing 7. Deduction/Exemption u/s 10A/10AA 8. Income from house property 9. Reduction in profit due to ICDS 10. International transaction(s) 11. Loss from currency fluctuations 03. The assessment was completed

LIQUIDHUB ANALYTICS PVT. LTD. (NOW MERGED WITH CAPGEMINI TECHNOLOGY SERVICES INDIA LTD),PUNE vs. NFAC, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

144C(13) dated July 26, 2024 on the name of the Appellant company which has ceased to exist pursuant to the merger with Capgemini Technology Services India Limited wef 1st April, 2020, duly approved by National Company Law Tribunal (NCLT) order dated 24 June 2021, thereby making the entire assessment proceedings as void-ab-initio and is liable

AMPHENOL INTERCONNECT INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

In the result, the appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.2300/Pun/2017 यििाारण वषा / Assessment Year : 2013-14

8, Pune Assessee by : S/Shri Nikhil Pathak & Mahavir Jain Revenue by : Shri M.K. Gautam, CIT सुनवाई की तारीख / घोषणा की तारीख / Date of Pronouncement: 03.05.2019 Date of Hearing : 29.04.2019 आदेश / ORDER PER SUSHMA CHOWLA, JM: The appeal filed by assessee is against the order of DCIT, Circle-8, Pune, dated 03.08.2017 relating to assessment year 2013-14 passed under section

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

144C(13) of the Act. 2. The appeal filed by the assessee relating to assessment year 2008-09 and cross appeals filed by the Revenue and assessee relating to assessment year 2009-10 were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. First, we shall take up the appeal relating

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

144C(13) of the Act. 2. The appeal filed by the assessee relating to assessment year 2008-09 and cross appeals filed by the Revenue and assessee relating to assessment year 2009-10 were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. First, we shall take up the appeal relating

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. KPIT TECHNOLOGIES LTD.,, 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

144C(13) of the Act. 2. The appeal filed by the assessee relating to assessment year 2008-09 and cross appeals filed by the Revenue and assessee relating to assessment year 2009-10 were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. First, we shall take up the appeal relating

SEMPERTRANS INDIA PRIVATE LIMITED,ROHA vs. INCOME-TAX OFFICER, PANVEL

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

8), read with the explanation thereto, by\ndirecting the AO to make additional disallowance under section\n37(1). Accordingly, the directions of the Hon'ble DRP are bad in law\nand ought to be quashed. Consequently, the final assessment order\ndated 27 June 2024, is bad in law and ought to be quashed.\nIncome Tax Officer,\nVs. Panvel Circle, Panvel

M/S. ADLER MEDIEQUIP PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1(1),, PUNE

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

section 144C(5) of the Act on the following grounds: General 1. On the facts and in the circumstances of the case and in law, the AO, based on directions of DRP, has erred in assessing total income of the Assessee at Rs 2,14,38,066 as against returned loss of Rs 7,82,44,744. Disallowance

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]

Section 144C(6)(C) of the Act. The grounds of appeal mentioned below are without prejudice to the above ground. Transfer Pricing related grounds Ground No. 2: General Ground On the facts and in the circumstances of the case, and in law, the AU pursuant to the directions of the Ld. DRP, erred in making a TP 2 M/s.Persistent Systems

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

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

8. On receipt of the directions of the ld. Joint Commissioner of Income Tax, the Assessing Officer passed a final assessment order u/s 143(3) r.w.s. 144C(3) dated 30.01.2020 after making the addition on account of TP adjustment of Rs.22,76,78,495/-, addition on account of commission expenditure of Rs.16,03,019/- and addition on account of difference

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

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

8. On receipt of the directions of the ld. Joint Commissioner of Income Tax, the Assessing Officer passed a final assessment order u/s 143(3) r.w.s. 144C(3) dated 30.01.2020 after making the addition on account of TP adjustment of Rs.22,76,78,495/-, addition on account of commission expenditure of Rs.16,03,019/- and addition on account of difference