SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

16. In the above finding of this Tribunal, it has been clearly held that the amount of subsidy is not to be deducted from the actual cost u/s.43(1) of the Act for the purpose of calculation of depreciation and the provisions of Explanation 10 to section

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD.,PUNE vs. ACIT, CIRCLE-5, PUNE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

16. In the above finding of this Tribunal, it has been clearly held that the amount of subsidy is not to be deducted from the actual cost u/s.43(1) of the Act for the purpose of calculation of depreciation and the provisions of Explanation 10 to section

ACIT, CIRCLE-5, PUNE, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

16. In the above finding of this Tribunal, it has been clearly held that the amount of subsidy is not to be deducted from the actual cost u/s.43(1) of the Act for the purpose of calculation of depreciation and the provisions of Explanation 10 to section

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

16. In the above finding of this Tribunal, it has been clearly held that the amount of subsidy is not to be deducted from the actual cost u/s.43(1) of the Act for the purpose of calculation of depreciation and the provisions of Explanation 10 to section

COVENTYA INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

section 32(1)(ii) is wide enough to include the present situation." 5. No question of law in this respect therefore arises.” 16. We further find that on the issue of Non compete fee, the Co-ordinate Bench of Tribunal in the case of ACIT Vs. Johnson Matthey Chemicals India Pvt. Ltd. (supra) by following the decision

COVENTYA INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

section 32(1)(ii) is wide enough to include the present situation." 5. No question of law in this respect therefore arises.” 16. We further find that on the issue of Non compete fee, the Co-ordinate Bench of Tribunal in the case of ACIT Vs. Johnson Matthey Chemicals India Pvt. Ltd. (supra) by following the decision

JAYNT VASUDEO ARADHYE,SOLAPUR vs. DCIT, CIRCLE-1, SOLAPUR, SOLAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

16 or clause (b) of section 24 (in respect of the property referred to in sub-section (2) of section 23) or clause (iia) of sub- section (1) of section 32 or section 32AD or section 33AB or section 33ABA or sub-clause (ii) or sub-clause (iia) or sub- clause (iii) of sub-section (1) or sub- section

REXEL INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

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

Section 32(1) of the Act. The Ld. AO\ncompleted the assessment by passing the assessment order u/s 143(3) of\nthe Act dated 20.12.2018 disallowing the claim of depreciation of Rs.\n14,98,78,251/- on the Goodwill of Rs.59,95,13,004/-.\n4.\nAggrieved, the assessee preferred an appeal before the Ld. CIT(A)\nagainst the said disallowance

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1) , PUNE vs. FIAT INDIA AUTOMOBILES PRIVATE LIMITED, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

depreciation / brought forward business loss be upheld. 3. Ground No. 3 On the fact and in the circumstances of the case and in law, the Ld. CIT(A)/Ld. AO has erred in levying interest of INR 35,16,386/- under section

M/S. FIAT INDIA AUTOMOBILES PRIVATE LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

depreciation / brought forward business loss be upheld. 3. Ground No. 3 On the fact and in the circumstances of the case and in law, the Ld. CIT(A)/Ld. AO has erred in levying interest of INR 35,16,386/- under section

ITO, WARD-1(1), SOLAPUR, SOLAPUR vs. MS. KSHIRSAGAR FABRICS, SOLAPUR

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

16 related parties on 359 occasions towards purchase of goods. The Department did not verify the exigencies of payments so made in cash as it was seen that on other occasion payments to these parties were made through banking channel also. Hence the exemption cited under rite 6DD of Income Tax Rules. 1962 was not applicable to these transactions

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

M/S GERA DEVELOPMENTS PVT. LTD,PUNE vs. PCIT (CENTRAL), PUNE, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamore

section 143(3) of the Income-tax Act. The said assessment order has been revised by holding that depreciation on goodwill is not allowable for the following reasons :- A. (i) The Assessing Officer has allowed the claim of depreciation on goodwill without examination of claim. (ii) The intangible asset has been impaired in the previous year and as such cannot

DCIT CIRCLE 1 NASHIK, NASHIK vs. SHREE SAI PROPERTIES, NASHIK

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

16. On a plain reading of Section 153A, it is clear that it begins with a 'non-obstante' clause, when it provides that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents

JOINT COMMISSIONER OF INCOME-TAX, (OSD), CIRCLE-5,, PUNE vs. ROHAN AND RAJDEEP INFRASTRUCTURE PVT.LTD,, PUNE

In the result, the appeal of Revenue in ITA No

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

section 32(1)(ii) of the Act and such right is a depreciable and assessee is entitled to claim depreciation under the Act. He placed on record decision of special bench at page no.353 of the Paper Book and submitted that the Special Bench of Hyderabad Tribunal in the case of Progressive Constructions Ltd. held that the expenditure incurred

JOINT COMMISSIONER OF INCOME-TAX, (OSD), CIRCLE-5,, PUNE vs. ROHAN AND RAJDEEP INFRASTRUCTURE PVT.LTD,, PUNE

In the result, the appeal of Revenue in ITA No

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

section 32(1)(ii) of the Act and such right is a depreciable and assessee is entitled to claim depreciation under the Act. He placed on record decision of special bench at page no.353 of the Paper Book and submitted that the Special Bench of Hyderabad Tribunal in the case of Progressive Constructions Ltd. held that the expenditure incurred

JOINT COMMISSIONER OF INCOME-TAX, (OSD), CIRCLE-5,, PUNE vs. ROHAN AND RAJDEEP INFRASTRUCTURE PVT.LTD,, PUNE

In the result, the appeal of Revenue in ITA No

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

section 32(1)(ii) of the Act and such right is a depreciable and assessee is entitled to claim depreciation under the Act. He placed on record decision of special bench at page no.353 of the Paper Book and submitted that the Special Bench of Hyderabad Tribunal in the case of Progressive Constructions Ltd. held that the expenditure incurred

MAHLE ANAND THERMAL SYSTEMS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

16. At this juncture, it is pertinent to note the mandate of section 35 with the caption Expenditure on scientific research Clause (iv) of section 35(1) provides for deduction of expenditure on scientific nature "in respect of any expenditure of a capital nature on scientific research related to the business carried on by the assessee, such deduction