DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

depreciation in the\nfight of provisions of section 43(1) [explanation 10]. In appeal, the Ld. CIT(A) /\nNFAC deleted the addition and the Revenue is not in appeal before the Tribunal.\nTherefore, we are not concerned with the same.\n45.\nFurther, on perusal of return of income the Assessing Officer noted that the\nassessee had claimed deduction u/s.35

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

depreciation in the\nfight of provisions of section 43(1) [explanation 10]. In appeal, the Ld. CIT(A) /\nNFAC deleted the addition and the Revenue is not in appeal before the Tribunal.\nTherefore, we are not concerned with the same.\n45.\nFurther, on perusal of return of income the Assessing Officer noted that the\nassessee had claimed deduction u/s.35

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

depreciation in the\nfight of provisions of section 43(1) [explanation 10]. In appeal, the Ld. CIT(A) /\nNFAC deleted the addition and the Revenue is not in appeal before the Tribunal.\nTherefore, we are not concerned with the same.\n45. Further, on perusal of return of income the Assessing Officer noted that the\nassessee had claimed deduction u/s.35

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLIGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

depreciation in the\nfight of provisions of section 43(1) [explanation 10]. In appeal, the Ld. CIT(A) /\nNFAC deleted the addition and the Revenue is not in appeal before the Tribunal.\nTherefore, we are not concerned with the same.\n45.\nFurther, on perusal of return of income the Assessing Officer noted that the\nassessee had claimed deduction u/s.35

ASHIRWAD CHARITABLE TRUST,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE, PUNE

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

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

depreciation allowance or any other allowance under this Act has been computed:] Hence it cannot be said that the there has been change of opinion in respect of the decision in respect of re-opening of the assessment u/s 147 of the Act. The appellant has not brought on record any evidence to support his contentions in respect

DEVI CONSTRUCTION COMPANY,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, PUNE

Bench: Shri S. S. Viswanethra Ravi & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita Nos. 2406/Pun/2017 निर्धारण वर्ा / Assessment Years : 2012-2013 Devi Construction Company 1161/10, Devi Niwas, Shivaji Nagar, Pune – 411005. . . . . . . . अपीऱधर्थी / Appellant Pan:Aaafd8922A बनाम / V/S. Dy. Commissioner Of Income Tax, . . . . . . . . प्रत्यर्थी / Respondent Circle 2, Pune द्वारा / Appearances Assessee By : Shri Kishor Phadke Revenue By : Shri M. G. Jasnani सुनवाई की तारीख / Date Of Conclusive Hearing : 28/09/2022 घोषणा की तारीख / Date Of Pronouncement : 11/11/2022 आदेश / Order Per G. D. Padmahshali, Am; The Extant Appeal Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Pune [For Short “Cit(A)”] All Dt. 10/08/017 Passed U/S 250 Of The Income- Tax Act, 1961 [For Short “The Act”], Which Dove Out Of Order Of Assessment Dt. 30/03/2015 Passed U/S 143(3) By The Dy. Commissioner Of Income Tax, Circle 2, Pune [For Short “Ao”] For Assessment Years [For Short “Ay”] 2012-13. Itat-Pune Page 1 Of 16

depreciation to 10% as against 80% inadvertently allowed in the assessment. ITAT-Pune Page 8 of 16 Devi Construction Company ITA Nos. 2406/PUN/2017 AY: 2012-13 6.3 Disallowance of interest u/s 36(1)(iii) [Ground number 5 and its counter parts] i. In the course of assessment proceeding the Ld. AO observed that, the appellant made huge investment in land

M/S KARIA BUILDERS ,PUNE vs. ITO WARD 14(3), PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 M/S. Karia Builders Ito, Ward 14(3), Pune 402, Konark Indrayu, Kondhwa, Vs. Pune – 411048 Pan: Aadfk5220B (Appellant) (Respondent) Assessee By : Shri Sanket M Joshi Department By : Shri Ramnath P Murkunde Date Of Hearing : 17-07-2025 Date Of Pronouncement : 23-07-2025 O R D E R

156 (P&H HC)] ii) Ravi Nirman Nigam Ltd. v. ACIT [ITA No. 4140/Mumbai/2023] dated 28.06.2024 iii) Vijayaben G. Zalavadia v. JCIT [ITA No.458 463/Ahd/2020] dated 11.05.2022 iv) Pravin Nilkanth Barode v. ΙΠΟ [ΙΤΑ No. 371/Nagpur/2024] dated 20.12.2024 v) Shri Umakant Sharma v. JCIT [ITA No. 364/Indore/2022] dated 19.07.2023 vi) CIT v. Standard Brands

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

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

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 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

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

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

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

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

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

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

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

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

depreciation is of Rs.31,61,21,110/-. It was submitted that the net profit earned on derivative transactions referred to in the notice u/s 148 of the Act has been properly accounted for in the Profit and Loss Account and there is no attempt to avoid income tax. It was accordingly requested to drop the proceedings initiated

KAY POWER AND PAPER LIMITED,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA

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

Bench: Shri R. K. Panda & Shri Vinay Bhamore

depreciation is of Rs.31,61,21,110/-. It was submitted that the net profit earned on derivative transactions referred to in the notice u/s 148 of the Act has been properly accounted for in the Profit and Loss Account and there is no attempt to avoid income tax. It was accordingly requested to drop the proceedings initiated

ASHISH NIRANJAN SHAH,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.697/Pun/2019 िनधा"रण वष" / Assessment Year : 2014-15 Ashish Niranjan Shah, The Pr.Cit-4, Pune. 39, Mantri Court, Dr.Ambedkar V Road, Next To Rto, Sangam, S Pune – 411001. Pan: Aidps 7682 K Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Keyur Patel, Irs – Cit-Dr Date Of Hearing 28/07/2023 Date Of Pronouncement 13/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Pr.Commissioner Of Income Tax-4, Pune Dated26.03.2019 Under Section 263 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Learned Pr. Cit- 4, Pune Erred In Law & On Facts In Treating The Assessment Order U/S 143(3) Being Erroneous & Thereby Prejudicial To The Revenue U/S 263 Without Appreciating That, The Learned Ao Has Allowed Appellant'S Claim Of Business Loss Amounting To Rs.10,20,14,068/- Incurred On Account Of Default In Payment By Nsel, With Due Application Of Mind & Verification. The Learned Pr. Cit Erred In Holding That, Ao Has Not Carried Out Any Enquiry With Respect To Business Loss Claimed By The Appellant & Not Applied His Ashish Niranjan Shah [A]

section 142 which has been filed by the assessee at Page 53, 57 of Paper Book(PB). 5.3 The ld.AO vide notice dt.15.08.2016 raised these questions before the assessee : 12 Ashish Niranjan Shah [A] “1. Detailed note on business/profession activities carried out by you during the year under consideration. 2. Please furnish copy of ITR, computation and audit report along