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9 results for “depreciation”+ Section 194Jclear

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Key Topics

Section 4019Section 194J12Section 143(3)10Disallowance9Section 10A8Section 92C8Section 9(1)(vi)6Depreciation6Addition to Income6Section 143(2)

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. M/S. BARCLAYS TECHNOLOGY CENTRE INDIA PVT.LTD,, PUNE

In the result, the appeal of the Revenue is dismissed and that

ITA 601/PUN/2017[2012-13]Status: DisposedITAT Pune12 Jan 2021AY 2012-13

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita No.601/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13

Section 10ASection 10BSection 194JSection 40Section 9Section 9(1)(vi)

194J of the Act. 5. The Finance Act, 2012 has inserted Explanations 4, 5 and 6 to section 9(1)(vi) w.r.e.f. 01-06-1976 defining “income by way of Royalty”. Explanation 6 states that the expression `Process’ includes and shall be deemed to have always included “transmission by satellite (including up-linking, amplification, conversion for down-linking

4
Section 1444
Transfer Pricing4

BARCLAYS GLOBAL SERVICE CENTRE PRIVATE LIMITED (FORMERLY: BARCLAYS TECHNOLOGY CENTRE INDIA PRIVATE LIMITED),PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of the Revenue is dismissed and that

ITA 700/PUN/2017[2012-13]Status: DisposedITAT Pune12 Jan 2021AY 2012-13

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita No.601/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13

Section 10ASection 10BSection 194JSection 40Section 9Section 9(1)(vi)

194J of the Act. 5. The Finance Act, 2012 has inserted Explanations 4, 5 and 6 to section 9(1)(vi) w.r.e.f. 01-06-1976 defining “income by way of Royalty”. Explanation 6 states that the expression `Process’ includes and shall be deemed to have always included “transmission by satellite (including up-linking, amplification, conversion for down-linking

DEPUTY COMMSSIONER OF INCOME-TAX,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD.,, PUNE

In the result, both the appeals are partly allowed

ITA 342/PUN/2014[2009-10]Status: DisposedITAT Pune26 Aug 2019AY 2009-10

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita. No.342/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10

Section 115JSection 195(2)Section 201(1)Section 40Section 9(1)(vi)

194J. Failure to deduct and pay such tax in the Government exchequer entails, inter alia, disallowance u/s 40(a)(ia) of the Act, as has been made by the authorities below in the instant case. 18. The ld. AR added another dimension to the issue by contending that the first judgment in the case of CIT Vs. Samsung Electronics

DCIT, BANGALORE vs. M/S SUNGARD SOLUTIONS INDIA PVT. LTD.,, BANGALORE

In the result, the appeal of Revenue in ITA

ITA 519/BANG/2015[2010-11]Status: DisposedITAT Pune14 Feb 2020AY 2010-11

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

section 271(1)(c) of the Act on the premise that the Appellant has concealed / furnished inaccurate particulars of income, without appreciating the fact that the disallowances made by the Learned AO is not in accordance with the law. 3. Ground No.1 and its sub-grounds are with respect to disallowance of depreciation on computer software. 3.1. AO noticed that

SUNGARD SOLUTIONS (INDIA) P. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue in ITA

ITA 338/PUN/2016[2011-12]Status: DisposedITAT Pune14 Feb 2020AY 2011-12

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

section 271(1)(c) of the Act on the premise that the Appellant has concealed / furnished inaccurate particulars of income, without appreciating the fact that the disallowances made by the Learned AO is not in accordance with the law. 3. Ground No.1 and its sub-grounds are with respect to disallowance of depreciation on computer software. 3.1. AO noticed that

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. SUNGARD SOLUTIONS (I) PVT. LTD.,, PUNE

In the result, the appeal of Revenue in ITA

ITA 463/PUN/2016[2011-12]Status: DisposedITAT Pune14 Feb 2020AY 2011-12

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

section 271(1)(c) of the Act on the premise that the Appellant has concealed / furnished inaccurate particulars of income, without appreciating the fact that the disallowances made by the Learned AO is not in accordance with the law. 3. Ground No.1 and its sub-grounds are with respect to disallowance of depreciation on computer software. 3.1. AO noticed that

M/S SUNGARD SOLUTIONS (INDIA) PRIVATE LIMITED,PUNE vs. DCIT, BANGALORE

In the result, the appeal of Revenue in ITA

ITA 540/BANG/2015[2010-11]Status: DisposedITAT Pune14 Feb 2020AY 2010-11

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

section 271(1)(c) of the Act on the premise that the Appellant has concealed / furnished inaccurate particulars of income, without appreciating the fact that the disallowances made by the Learned AO is not in accordance with the law. 3. Ground No.1 and its sub-grounds are with respect to disallowance of depreciation on computer software. 3.1. AO noticed that

DANFOSS POWER SOLUTIONS INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (2),, PUNE

In the result, the appeal of the assessee in ITA

ITA 592/PUN/2019[2013-14]Status: DisposedITAT Pune01 Dec 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita Nos.592 & 593/Pun/2019 िनधा"रण वष" / Assessment Years : 2013-14 & 2014-15 Danfoss Power Solutions India Vs. Dcit, Circle-1(2), Pune. Pvt. Ltd., Gate No.94-100, High Cliff Industrial Estate, Wagholi Rahu Road, Village- Kesnand, Pune- 412207. Pan : Aafcs2954P Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 22.11.2022 : Date Of Pronouncement 01.12.2022 : आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of Ld. Commissioner Of Income Tax (Appeals)- 1, Pune [‘The Cit(A)’] Dated 04.02.2019 For The Assessment Years 2013-14 & 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.592/Pun/2019 For The Assessment Year 2013-14 Are Stated Herein.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 194JSection 32Section 40

194J of the Act. 5. Being aggrieved by the above assessment order, an appeal was filed before the ld. CIT(A) who vide impugned order confirmed the addition on the ground that asset in respect of which depreciation was claimed, was not found in the books of accounts. Similarly, on the issue of disallowance

DANFOSS POWER SOLUTIONS INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (2),, PUNE

In the result, the appeal of the assessee in ITA

ITA 593/PUN/2019[2014-15]Status: DisposedITAT Pune01 Dec 2022AY 2014-15

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita Nos.592 & 593/Pun/2019 िनधा"रण वष" / Assessment Years : 2013-14 & 2014-15 Danfoss Power Solutions India Vs. Dcit, Circle-1(2), Pune. Pvt. Ltd., Gate No.94-100, High Cliff Industrial Estate, Wagholi Rahu Road, Village- Kesnand, Pune- 412207. Pan : Aafcs2954P Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 22.11.2022 : Date Of Pronouncement 01.12.2022 : आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of Ld. Commissioner Of Income Tax (Appeals)- 1, Pune [‘The Cit(A)’] Dated 04.02.2019 For The Assessment Years 2013-14 & 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.592/Pun/2019 For The Assessment Year 2013-14 Are Stated Herein.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 194JSection 32Section 40

194J of the Act. 5. Being aggrieved by the above assessment order, an appeal was filed before the ld. CIT(A) who vide impugned order confirmed the addition on the ground that asset in respect of which depreciation was claimed, was not found in the books of accounts. Similarly, on the issue of disallowance