ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD vs. M/S. R.J. BIOTECH LTD,, AURANGABAD

In the result, both the appeals of Revenue are allowed

Bench: Shri Inturi Rama Rao, Am & Shri S.S. Viswanethra Ravi, Jm

depreciation chart regarding addition in machinery and plant and submits that farmer made addition only in tools to an extent of Rs.1,689/-. The said little expenditure indicates that these additional tools are not related to production of seeds by the farmer. The said little expenditure, he vehemently argued, is not sufficient for purchase of equipment such as sprinklers

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, AURANGABAD vs. M/S. R.J. BIOTECH LTD,, AURANGABAD

In the result, both the appeals of Revenue are allowed

Bench: Shri Inturi Rama Rao, Am & Shri S.S. Viswanethra Ravi, Jm

depreciation chart regarding addition in machinery and plant and submits that farmer made addition only in tools to an extent of Rs.1,689/-. The said little expenditure indicates that these additional tools are not related to production of seeds by the farmer. The said little expenditure, he vehemently argued, is not sufficient for purchase of equipment such as sprinklers

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. FUTURA BIOPLANTS PVT.LTD,, PUNE

In the result, the Cross Objections by the assessee are partly allowed

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

section 2(1A) r.w.s. 10(1) of the Act irrespective of the fact whether basic operations have been carried out on land. Such income is deemed as an exempt agricultural income, thus qualifying for exemption u/s.10(1) of the Act. Accordingly, grounds raised by the Revenue stand dismissed. Therefore, order of the CIT(A) does not call for any interference

AKSHAY NITIN MALU,SANGLI vs. INCOME TAX OFFICER, SANGLI

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2022-23

section does not provide for withdrawal of exercised option for the same year, it only provides for withdrawal of the option only for the year subsequent to the year of exercising of the option. He accordingly upheld the action of the CPC in making an adjustment of Rs.71,31,899/- by denying the claim of additional depreciation u/s 32(1A

BARCLAYS SHARED SERVICES PRIVATE LIMITED(MERGED WITH BARCLAYS TECHNOLOGY CENTRE INDIA PVT LTD),PUNE vs. ACIT, COMPANY CIRCLE-1(2), CHENNAI

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2010-11 Barclays Shared Services Private Vs. Acit, Limited (Merged With Barclays Company Circle- Technology Centre India Private Limited 1(2), Chennai Now Known As Barclays Global Service Centre Private Limited, Ground Floor, Wing-3, Cluster A, Eon Free Zone, Midc Knowledge Park, Kharadi, Pune, Maharashtra 411014 Pan :Aadcr6251L Appellant Respondent Assessee By Shri Nikhil Mutha Revenue By Shri Deepak Garg Date Of Hearing 08-03-2021 Date Of Pronouncement 09-03-2021 आदेश / Order

1A), the profits derived from export of articles or things or computer software shall be the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of the business carried on by the undertaking.’ The narrowed

BUILT UP,PUNE vs. ADIT, BANGLORE

In the result, the appeal of the assessee stands allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2019-20 Built Up Adit, Cpc, Bangalore 1, Samda Apartment, Vs. Dr Ketkar Margs, Ghodke Chowk, Pune – 411004 Pan: Aaefb6432D (Appellant) (Respondent)

1a) dated 5 12.12.2019 and intimation u/s 143(1) of the Act dated 29.05.2020 disallowed the claim of deduction u/s 80IB(10) of the Act on the ground that Form No.10CCB was not filed along with the return or was filed beyond the due date for filing of return u/s 139(1) of the Act where the due date

DASHRATH KONDIBA BALWADKAR,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE -2,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2014-15 Acit, Circle-2, Vs. Vilas Dashrath Balwadkar Pune House No.329, Near Laxmi Mata Temple, Balewadi, Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Vilas Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Prakash Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1116A Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Dashrath Kondiba Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Aqapb5784C Appellant Respondent

1A), (1B), (2), (2A) and (4) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:] Thus, as per above proviso, the time available

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, PUNE vs. VILAS DASHRATH BALWADKAR,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2014-15 Acit, Circle-2, Vs. Vilas Dashrath Balwadkar Pune House No.329, Near Laxmi Mata Temple, Balewadi, Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Vilas Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Prakash Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1116A Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Dashrath Kondiba Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Aqapb5784C Appellant Respondent

1A), (1B), (2), (2A) and (4) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:] Thus, as per above proviso, the time available

VILAS DASHRATH BALWADKAR,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2014-15 Acit, Circle-2, Vs. Vilas Dashrath Balwadkar Pune House No.329, Near Laxmi Mata Temple, Balewadi, Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Vilas Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Prakash Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1116A Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Dashrath Kondiba Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Aqapb5784C Appellant Respondent

1A), (1B), (2), (2A) and (4) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:] Thus, as per above proviso, the time available

PRAKASH DASHRATH BALWADKAR,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteनिर्धारण वषा / Assessment Year : 2014-15 Acit, Circle-2, Vs. Vilas Dashrath Balwadkar Pune House No.329, Near Laxmi Mata Temple, Balewadi, Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Vilas Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1117B Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Prakash Dashrath Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Apppb1116A Appellant Respondent निर्धारण वषा / Assessment Year : 2014-15 Dashrath Kondiba Balwadkar Vs. Acit, House No.329, Near Laxmi Circle-2, Mata Temple, Balewadi, Pune Pune-411045 Pan: Aqapb5784C Appellant Respondent

1A), (1B), (2), (2A) and (4) available to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly:] Thus, as per above proviso, the time available

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

depreciation of earlier years. Still aggrieved, the assessee carried the matter in second appeal before the Tribunal. The Tribunal set aside the assessment and restored the issue raised in grounds of appeal back to the file of Assessing Officer with a directions to recompute disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

depreciation of earlier years. Still aggrieved, the assessee carried the matter in second appeal before the Tribunal. The Tribunal set aside the assessment and restored the issue raised in grounds of appeal back to the file of Assessing Officer with a directions to recompute disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

depreciation of earlier years. Still aggrieved, the assessee carried the matter in second appeal before the Tribunal. The Tribunal set aside the assessment and restored the issue raised in grounds of appeal back to the file of Assessing Officer with a directions to recompute disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

depreciation of earlier years. Still aggrieved, the assessee carried the matter in second appeal before the Tribunal. The Tribunal set aside the assessment and restored the issue raised in grounds of appeal back to the file of Assessing Officer with a directions to recompute disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order

DCIT, PUNE vs. QUICK HEAL TECHNOLOGIES LIMITED, PUNE

In the result, the appeal of the Revenue is dismissed

Bench: Shri Manish Borad & Ms. Astha Chandra

Section 17(1A) of the Registration Act and stamp duty for the same was paid appropriately. ii) Pending the registration of the property in the name of the company the permissions were issued by the Pune Municipal Corporation on 26 November 2011 (refer page no. 54 and 55 of the submission) in the name of erstwhile owner being M/s Jalan

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2), PUNE vs. FUTURA BIOPLANTS PRIVATE LIMITED, PUNE

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

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryिनधा"रण वष" / Assessment Year : 2014-15

section 2 (1A), inserted by the Finance Act, 2009, has held that the income derived by the assessee from such activity as agriculture inasmuch as the Explanation 3 states that “income derived from saplings or seedlings grown in a nursery shall be deemed to be agricultural income”. The Tribunal further relied on CBDT Circular No.01/2009 dated 27-03-2009 explaining

ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. VISTEON ENGG. CENTRE (I) PVT. LTD.,, PUNE

In the result, appeal filed by the Revenue is dismissed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.625/Pun/2016 Assessment Year : 2011-12

depreciation etc. commencing from the year 2001-02 on completion of the period of tax holiday also virtually works as a deduction which has to be worked out at a future point of time, namely, after the expiry of period of tax holiday. The absence of any reference to deduction under Section 10A in Chapter

VENTURA (INDIA) PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 13,, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 2168/Pun/2017 नििाारण वषा / Assessment Year : 2011-12 Ventura (India) Private Limited Wing-C, Marisoft, Kalyani Nagar Annex, Wadgaonsheri, Pune-411 014. Pan : Aabce3274C .......अऩीऱाथी / Appellant बिाम / V/S.

depreciation and losses of the unit the Income which is not eligible for deduction under s. 10A of the Act cannot be set off against the current profit of the eligible unit for computing the deduction under s. 10A of the IT Act.” 8. The Hon‟ble Supreme Court of India in the case of CIT & Anrs. Vs. Yokogawa India