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19 results for “depreciation”+ Section 195(6)clear

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Key Topics

Section 12A40Section 10(20)24Section 1124Section 143(3)19Addition to Income15Section 10A12Section 14A10Depreciation9Exemption7TDS

M/S. CARRARO INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, both the appeals are partly allowed for statistical purposes

ITA 1261/PUN/2018[2010-11]Status: DisposedITAT Pune15 Jul 2021AY 2010-11

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.1261/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 M/S. Carraro India Private Vs. Dcit, Circle-1(1), Limited, Pune B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent आयकर अपीऱ सं. / Ita No.1309/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 Dcit, Circle-1(1), Vs. M/S. Carraro India Private Pune Limited, B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent Assessee By Shri M.P. Lohia Revenue By Shri Shivraj B. Morey Date Of Hearing 14-07-2021 Date Of Pronouncement 15-07-2021

Section 37

6. Now we turn to the Revenue‟s grounds. Ground no. 2 is against the deletion of disallowance of the full amount of Rs.2.36 crore made by the AO u/s.37 of the Act. In this regard, it is observed that the assessee paid royalty for use of technical know- how and brand. The AO held such payments as not having

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. CARRARO INDIA PVT.LTD,, PUNE

In the result, both the appeals are partly allowed for statistical purposes

7
Section 115J6
Section 1546
ITA 1309/PUN/2018[2010-11]Status: DisposedITAT Pune15 Jul 2021AY 2010-11

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.1261/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 M/S. Carraro India Private Vs. Dcit, Circle-1(1), Limited, Pune B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent आयकर अपीऱ सं. / Ita No.1309/Pun/2018 निर्धारण वषा / Assessment Year : 2010-11 Dcit, Circle-1(1), Vs. M/S. Carraro India Private Pune Limited, B-2/2, Midc, Ranjangaon, Pune – 412 220 Maharashtra, India Pan : Aaacc5292M Appellant Respondent Assessee By Shri M.P. Lohia Revenue By Shri Shivraj B. Morey Date Of Hearing 14-07-2021 Date Of Pronouncement 15-07-2021

Section 37

6. Now we turn to the Revenue‟s grounds. Ground no. 2 is against the deletion of disallowance of the full amount of Rs.2.36 crore made by the AO u/s.37 of the Act. In this regard, it is observed that the assessee paid royalty for use of technical know- how and brand. The AO held such payments as not having

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

ITA 1027/PUN/2025[2014-15]Status: DisposedITAT Pune08 Jan 2026AY 2014-15

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

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115JSection 143(3)Section 154

depreciation) to Rs. 48906.16 (business loss) in AY 2009-10. In the passing it must be mentioned that reliance of the appellant on the decision of Hon'ble Delhi High Court in the case of CIT v. Sumi Motherson Innovative Engineering Limited (195 Taxmann 353) (2010) is misplaced since that case laid down the principle as to what is meant

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

ITA 1098/PUN/2025[2014-15]Status: DisposedITAT Pune08 Jan 2026AY 2014-15

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

For Appellant: Shri Percy PardiwallaFor Respondent: Shri Amol Khairnar
Section 115JSection 143(3)Section 154

depreciation) to Rs. 48906.16 (business loss) in AY 2009-10. In the passing it must be mentioned that reliance of the appellant on the decision of Hon'ble Delhi High Court in the case of CIT v. Sumi Motherson Innovative Engineering Limited (195 Taxmann 353) (2010) is misplaced since that case laid down the principle as to what is meant

AIR CONTRAL INDIA PVT. LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE

Appeal is allowed in above terms

ITA 1538/PUN/2017[2012-13]Status: DisposedITAT Pune30 Jun 2022AY 2012-13
For Appellant: Shri B. B. ManeFor Respondent: Shri Arvind Desai
Section 143(3)Section 2Section 32Section 32(1)(iia)

section 32(1)(iia) of the Income tax Act, 1961 for machinery of plant acquired in the business of manufacture or production of article or thing or in the generation or generation and distribution of power. 2. We further quote the following case laws for additional depreciation u/s32(l)(iia) as under: i) Creamline Dairy Products

PUSPAK STEEL INDUSTRIES PRIVATE LIMITED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-10, PUNE, PUNE

In the result, the appeal filed by the assessee stands partly allowed

ITA 852/PUN/2023[2014-15]Status: DisposedITAT Pune22 Aug 2023AY 2014-15
For Appellant: Shri Sarvesh KhandelwalFor Respondent: Shri M. G. Jasnani
Section 143(3)Section 14A

195/-. (v) Disallowance of depreciation on cars of Rs.2,79,725/-. 4. Being aggrieved by the above disallowances/additions, an appeal was filed before the ld. CIT(A), who vide impugned order confirmed the disallowance on account of belated deposit of employees contribution towards PF and ESI following the decision of the Hon’ble Supreme Court in the case of Checkmate

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD,, PUNE

In the result, the appeal of Revenue is partly allowed

ITA 2624/PUN/2017[2011-12]Status: DisposedITAT Pune26 Oct 2021AY 2011-12

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

For Appellant: Shri C.H. NaniwadekarFor Respondent: Shri Anurag Srivastava
Section 10A

depreciation @ 25% on written down value of the goodwill at Rs.14,112,506/-. Thus, ground No. 5 raised by the assessee is allowed for statistical purpose. 21. Ground No. 6 raised by the assessee challenging the action of CIT(A) in confirming the denial of carry forward of long term capital loss in the facts and circumstances of the case

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED, (EARLIER KNOWN AS IGATE GLOBAL SOLUTIONS LTD),,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal of Revenue is partly allowed

ITA 2395/PUN/2017[2011-12]Status: DisposedITAT Pune26 Oct 2021AY 2011-12

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

For Appellant: Shri C.H. NaniwadekarFor Respondent: Shri Anurag Srivastava
Section 10A

depreciation @ 25% on written down value of the goodwill at Rs.14,112,506/-. Thus, ground No. 5 raised by the assessee is allowed for statistical purpose. 21. Ground No. 6 raised by the assessee challenging the action of CIT(A) in confirming the denial of carry forward of long term capital loss in the facts and circumstances of the case

ACIT, CIRCLE-2, PUNE, PUNE vs. BHIKSHU GRANIMART, PUNE

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

ITA 1158/PUN/2024[2017-18]Status: DisposedITAT Pune29 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

For Appellant: S/Shri Nikhil S Pathak & P D KudvaFor Respondent: Shri Ramnath P Murkunde
Section 133(6)Section 142(1)Section 143(2)Section 270A

Depreciation 41,07,184/- Total Rs. 36,17,58,045/- 1.3 In the assessment proceedings the assessee furnished details along with supportings, explanations & clarifications as sought by the AO on 17.01.2018, 25.10.2019, 20.11.2019 & 04.12.2019. (copies enclosed as mentioned in Para (1) 2 above). 1.4 The AO in paras 3.1, 3.2 and 3.3 of the Asst order alleges that the assessee

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -1(1),, PUNE vs. M/S. CUMMINS SALES & SERVICES (I),LTD,(FORMERLY KNOWN AS CUMMINS DIESELS SALES & SERVICE LTD,), PUNE

In the result, the appeal filed by the Revenue stands partly allowed

ITA 2121/PUN/2017[2006-07]Status: DisposedITAT Pune27 Jun 2022AY 2006-07
For Appellant: Shri Ketan VedFor Respondent: Shri Shivraj B. Morey
Section 143(3)Section 14ASection 72ASection 72A(4)

6 8. On the other hand, ld. AR submits that the provisions of Rule 8D have only prospective application and could not have been applied in the assessment year prior to the assessment year 2008-09. 9. We heard the rival submissions and perused the material on record. The provisions of section 14A prescribe that where an assessee earns exempt

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

ITA 545/PUN/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

195 ITR 825 while interpreting Section 12A(b) held that the provision was directory in nature and the Assessing Officer could allow the assessee to file the audit report, at any time before the completion of the assessment. In this case, the assessee, a charitable trust registered with the Commissioner of Income-tax, filed its return on September

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

ITA 1155/MUM/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

195 ITR 825 while interpreting Section 12A(b) held that the provision was directory in nature and the Assessing Officer could allow the assessee to file the audit report, at any time before the completion of the assessment. In this case, the assessee, a charitable trust registered with the Commissioner of Income-tax, filed its return on September

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

ITA 1153/MUM/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

195 ITR 825 while interpreting Section 12A(b) held that the provision was directory in nature and the Assessing Officer could allow the assessee to file the audit report, at any time before the completion of the assessment. In this case, the assessee, a charitable trust registered with the Commissioner of Income-tax, filed its return on September

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

ITA 1154/MUM/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

195 ITR 825 while interpreting Section 12A(b) held that the provision was directory in nature and the Assessing Officer could allow the assessee to file the audit report, at any time before the completion of the assessment. In this case, the assessee, a charitable trust registered with the Commissioner of Income-tax, filed its return on September

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

ITA 544/PUN/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

195 ITR 825 while interpreting Section 12A(b) held that the provision was directory in nature and the Assessing Officer could allow the assessee to file the audit report, at any time before the completion of the assessment. In this case, the assessee, a charitable trust registered with the Commissioner of Income-tax, filed its return on September

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

ITA 543/PUN/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

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

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

195 ITR 825 while interpreting Section 12A(b) held that the provision was directory in nature and the Assessing Officer could allow the assessee to file the audit report, at any time before the completion of the assessment. In this case, the assessee, a charitable trust registered with the Commissioner of Income-tax, filed its return on September

MARWADI NAVYUVAK VACHANALAYA ,LATUR vs. COMMISSIONER OF INCOME-TAX, (EXEMPTIONS), PUNE, PUNE

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

ITA 561/PUN/2025[Not Applicable]Status: DisposedITAT Pune29 Sept 2025

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandamarwadi Navyuvak Vachanalaya Cit(Exemption), Pune Marwadi Navyuvak Vachanal, Vs. Main Road, Latur – 413512 Pan: Aabtm2714L (Appellant) (Respondent) Assessee By : Shri Bhuvanesh Kankani Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 25-08-2025 Date Of Pronouncement : 29-09-2025 O R D E R Per R.K. Panda, Vp:

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Amol Khairnar, CIT-DR
Section 12ASection 12A(1)(ac)

6 8. Referring to the decision of the Pune Bench of the Tribunal in the case of Oswal Bandhu Samaj vs. ITO (2022) 195 ITD 200 (Pune-Trib.), he submitted that the Tribunal in the said decision has held that where the assessee trust, registered under section 12A and engaged in providing medical help, education help and relief to poor

M/S. CLASSIC CITI INVESTMENTS PRIVATE LIMITED,PUNE vs. THE INCOME TAX OFFICER, WARD-1(2), PUNE

In the result, the appeal for the A

ITA 435/PUN/2023[2016-17]Status: HeardITAT Pune21 Sept 2023AY 2016-17

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

Section 250

depreciation. In the otherwise scenario, the disallowance should be confirmed to that extent. Needless to say, the assessee will be allowed a reasonable opportunity of hearing. 5. Ground No.2 of the appeal is against the confirmation of addition of Rs.1,15,13,136/- made by the AO towards notional rent in respect of its self-occupied units. The facts apropos

M/S. CLASSIC CITI INVESTMENTS PRIVATE LIMITED,PUNE vs. THE INCOME TAX OFFICER, WARD-1(2), PUNE

In the result, the appeal for the A

ITA 436/PUN/2023[2017-18]Status: HeardITAT Pune21 Sept 2023AY 2017-18

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

Section 250

depreciation. In the otherwise scenario, the disallowance should be confirmed to that extent. Needless to say, the assessee will be allowed a reasonable opportunity of hearing. 5. Ground No.2 of the appeal is against the confirmation of addition of Rs.1,15,13,136/- made by the AO towards notional rent in respect of its self-occupied units. The facts apropos