ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE , PANVEL vs. M/S. JOHNSON MATTHEY CHEMICALS INDIA PVT. LTD, PANVEL

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

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 595/Pun/2020 धनधाारण वषा / Assessment Year : 2013-14

208 PAN : AABCJ1620M ……प्रत्यथी / Respondent Revenue by : Shri Mahadevan A.M. Krishnan Assessee by : Shri Rajendra Agiwal सुनवाई की तारीख / Date of Hearing : 18.10.2021 घोषणा की तारीख / Date of Pronouncement : 25.10.2021 आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the Revenue emanates from the order of the Ld. CIT(Appeals)-13, Pune dated 13.02.2020 for the assessment year

SEMPERTRANS INDIA PRIVATE LIMITED,ROHA vs. INCOME-TAX OFFICER, PANVEL

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

Section\n234C of the Act.\n22. The Appellant prays that the charging of interest under\nSections 234A, 234B, 234C of the Act, is erroneous, unwarranted\nand be deleted.\nThe Appellant prays that the additions made by the Ld. TPO/Ld.\nAO under the directions of the Hon'ble DRP be deleted and\nconsequential relief be granted.\nThe Appellant craves leave

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

208 to 211 Q. No. 9 to Shivchand Parakh, partner of 12/209 to 211 assessee, recorded in response to summons issued u/s. 131 of the IT Act, 1961 on 20.10.2015 Originally, the plots of Makhmalabad were agreed to be sold to M/s Dhananjay Marketing Private Ltd. of Thakkar Group of Nashik vide agreement dt. 25th April 2013. Necessary documents were

M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

Depreciation and B Amortisation – 537,805,260 2,781,271 138,280 3,820,041 30,431,612 37,171,204 1,607,101 499,026,955 2.6A reworked B.2 Sub total Indirect 5,185,975,966 11,073,027 550,532 15,208,666 121,156,878 147,989,103 12,437,115 5,052,549,778 expenditure

ASSISTANT COMMISSIONER OF INCOME TAX, KOLHAPUR vs. MAHALAXMI INFRA PROJECTS PVT. LTD., KOLHAPUR

In the result, the appeal of the Revenue is partly allowed for\nstatistical purposes

depreciation on\nluxury car of Rs.32,42,484/- ignoring the fact that the Assessee could\nnot furnish necessary evidence to show that the luxury car were used\nwholly for business purpose to rule out personal use by directors of\nthe company.\nGrounds of Appeal subject to consent of the Assessee for deferment\n(α)\n(b)\nWhether, the assessee fulfills

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. MUKUND BHAVAN TRUST,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

208 ITR 372, where the Court held that the expenditure on salaries and miscellaneous expenses for the purpose of 7 ITA No.374/PUN/2017, A.Y. 2012-13 carrying out the objects and purposes of the Trust must be considered as application for charitable purposes. Even Income tax and wealth tax paid by a Trust are to be deducted in computing the income

PARAG MILK FOODS PVT. LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1 (1), , PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury, Hon.

depreciation allowance. 6. We find that Pune tribunal on this issue in the case of DCIT v. Haldex India Pvt. Ltd. in ITA No. 852/PUN/2019, dated 19/05/2022 by Parag Milk Foods Pvt. Ltd. applying the ratio of the Hon'ble Supreme Court in the case of CIT vs. Chaphalkar Brothers, 400 ITR 297 (SC) after referring to its earlier decision

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4, , PUNE vs. PARAG MILK FOODS PRIVATE LIMITED,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury, Hon.

depreciation allowance. 6. We find that Pune tribunal on this issue in the case of DCIT v. Haldex India Pvt. Ltd. in ITA No. 852/PUN/2019, dated 19/05/2022 by Parag Milk Foods Pvt. Ltd. applying the ratio of the Hon'ble Supreme Court in the case of CIT vs. Chaphalkar Brothers, 400 ITR 297 (SC) after referring to its earlier decision

PARAG MILK FOODS PVT. LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1 (1), , PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury, Hon.

depreciation allowance. 6. We find that Pune tribunal on this issue in the case of DCIT v. Haldex India Pvt. Ltd. in ITA No. 852/PUN/2019, dated 19/05/2022 by Parag Milk Foods Pvt. Ltd. applying the ratio of the Hon'ble Supreme Court in the case of CIT vs. Chaphalkar Brothers, 400 ITR 297 (SC) after referring to its earlier decision

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE vs. PARAG MILK FOODS PVT.LTD,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury, Hon.

depreciation allowance. 6. We find that Pune tribunal on this issue in the case of DCIT v. Haldex India Pvt. Ltd. in ITA No. 852/PUN/2019, dated 19/05/2022 by Parag Milk Foods Pvt. Ltd. applying the ratio of the Hon'ble Supreme Court in the case of CIT vs. Chaphalkar Brothers, 400 ITR 297 (SC) after referring to its earlier decision

ASHISH NIRANJAN SHAH,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.697/Pun/2019 िनधा"रण वष" / Assessment Year : 2014-15 Ashish Niranjan Shah, The Pr.Cit-4, Pune. 39, Mantri Court, Dr.Ambedkar V Road, Next To Rto, Sangam, S Pune – 411001. Pan: Aidps 7682 K Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Keyur Patel, Irs – Cit-Dr Date Of Hearing 28/07/2023 Date Of Pronouncement 13/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Pr.Commissioner Of Income Tax-4, Pune Dated26.03.2019 Under Section 263 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Learned Pr. Cit- 4, Pune Erred In Law & On Facts In Treating The Assessment Order U/S 143(3) Being Erroneous & Thereby Prejudicial To The Revenue U/S 263 Without Appreciating That, The Learned Ao Has Allowed Appellant'S Claim Of Business Loss Amounting To Rs.10,20,14,068/- Incurred On Account Of Default In Payment By Nsel, With Due Application Of Mind & Verification. The Learned Pr. Cit Erred In Holding That, Ao Has Not Carried Out Any Enquiry With Respect To Business Loss Claimed By The Appellant & Not Applied His Ashish Niranjan Shah [A]

208, 347 ITR 22) (Delhi HC) 11 Ashish Niranjan Shah [A]  PCIT Vs. Shri Braham Dev Gupta ITA 907/2017 and 1162/2017 (Del HC)  CIT Vs. Toyota Motor Corporation (Delhi) (174 Taxman 395) / Toyota Motor Corporation 173 Taxman 458 (SC)  Omni Lens Pvt. Ltd. (ITAT Ahmedabad Bench) (ITA No.2818/Ahd/2017) Findings and Analysis : 5. We have heard both the parties and perused