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) 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

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

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

M/S. VISHAY COMPONENTS INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 13,, PUNE

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

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

depreciation is an integral part of Operating Cost. Regarding foreign exchange gain/loss has been treated as non-operative by the TPO which the Tribunal in assessee’s own case we note that held the amount of foreign exchange gain/loss arising out of revenue transactions should be considered as an item of operating revenue/cost for the assessee as well as comparables

INCOME-TAX OFFICER vs. MAHATMA GANDHI MISSION,, AURANGABAD

In the result, both the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1633 & 1634/Pun/2014 यििाारण वषा / Assessment Years : 2010-11 & 2011-12 The Income Tax Officer, अऩीऱाथी/Appellant Ward 1(1), Aurangabad …. Vs. Mahatma Gandhi Mission, Mgm Campus, N-6, Cidco, …. प्रत्यथी / Respondent Aurangabad Pan: Aaatm4256E अऩीऱाथी की ओर से / Appellant By : Shri Rajeev Kumar, Cit प्रत्यथी की ओर से / Respondent By : Shri Pramod Shingte

195 (Del) and the Hon’ble High Court of Punjab & Haryana High Court in CIT Vs. Market Committee, Pipli reported in 330 ITR 16 (P&H) and it was held that in the case of a Trust, depreciation claimed on the assets is to be allowed as deduction ITA Nos.1633 & 1634/PUN/2014 4 Mahatma Gandhi Mission under section

INCOME-TAX OFFICER vs. MAHATMA GANDHI MISSION,, AURANGABAD

In the result, both the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1633 & 1634/Pun/2014 यििाारण वषा / Assessment Years : 2010-11 & 2011-12 The Income Tax Officer, अऩीऱाथी/Appellant Ward 1(1), Aurangabad …. Vs. Mahatma Gandhi Mission, Mgm Campus, N-6, Cidco, …. प्रत्यथी / Respondent Aurangabad Pan: Aaatm4256E अऩीऱाथी की ओर से / Appellant By : Shri Rajeev Kumar, Cit प्रत्यथी की ओर से / Respondent By : Shri Pramod Shingte

195 (Del) and the Hon’ble High Court of Punjab & Haryana High Court in CIT Vs. Market Committee, Pipli reported in 330 ITR 16 (P&H) and it was held that in the case of a Trust, depreciation claimed on the assets is to be allowed as deduction ITA Nos.1633 & 1634/PUN/2014 4 Mahatma Gandhi Mission under section

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

Appeal is allowed in above terms

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

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

D vs. DISHTI INDUSTRIES LTD.,, PUNE

In the result, the appeal of the Revenue is partly allowed for

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1277/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2011-12 वष"

6. At the time of reaching the settlement with the vendor's the assessee's suit was pending before the Civil Judge Senior Division , Pune and SLP was pending before the Supreme Court; 7. The compensation of Rs. 4,84,34,491/- received from the vendor's is therefore for withdrawal of all litigation i.e suit pending before the Special

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

In the result, both the appeals are partly allowed

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

6 and IT(TP) A.No.10/Bang/2014 software/off-the-shelf software from non-resident companies under software licence agreement whereby licence is granted to the assessee for taking copy of the software, store the same in the hard disk of the designated computer and to take a back up copy while the ownership of the copyright continues to vest in the supplier, there

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

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

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

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

In the result, the appeal of Revenue is partly allowed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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