JAIN IRRIGATION SYSTEMS LTD,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, JALGAON

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr.Dipak P.Ripoteआयकरअपीलसं. / Ita No.227/Pun/2018 िनधा"रणवष" / Assessment Year : 2013-14 Jain Irrigation Systems Ltd., The Deputy Commissioner Of Jain Plastic Park, N.H No.6, Vs Income Tax, Circle-2, Jalgaon – 425001. . Jalgaon. Pan: Aaacj 7163 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Percy Pardiwala; Shri Prashant Maheshwari & Ms.Monicamulchandani – Ar’S Revenue By Shri B Koteswara Rao – Dr Date Of Hearing 23/09/2022 Date Of Pronouncement 22/12/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’Sappeal For Assessment Year 2013-14Is Directed Against Thedeputy Commissioner Of Income Tax, Cricle-2, Jalgaon’S Assessment Order Dated 29.10.2017, Framed In Furtherance To The Dispute Resolution Panel-3, Mumbai (Drp)’S Direction Dated 25.09.2017 Passed In Objection No.78, In Proceedings U/S 143(3) R,.W.S 144C(5) Of The Income Tax Act, 1961 [In Short “The Act”].

depreciation claimed by the Appellant at the rate of 25% amounting ITA No.227/PUN/2018 for A.Y. 2013-14(A) Jain Irrigation Systems Ltd., to Rs.91,00,069/- onintangible assets of Rs. 3,64.00,278/- under section 40(a)(i) of the Act. 8. Solar Renewable Energy Incentive 8.1 On the facts and in the circumstances of the case

FRANCOIS COMPRESSOR INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2504/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 ………. अपीलाथ" / Francois Compressor India Pvt. Ltd., Gat No.147/1(New), Lavale Road, Appellant Pirangut, Tal. Mulshi, Dist. Pune – 412115. Pan : Aabcf0496K. बनाम V/S ………. ""यथ" / The Dy.Commissioner Of Income Tax, Circle 1 (2), Pune. Respondent Assessee By : Shri Sharad Shah. Revenue By : Shri Amol Kamat. सुनवाई क" तारीख / Date Of Hearing : 05.08.2021 घोषणा क" तारीख / Date Of Pronouncement : 18.08.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order Dt.31.08.2017 Passed Under Sec.143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred To “The Act”) For The Assessment Year 2013-14. 2. The Brief Facts Of The Case Are As Under : The Appellant Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Engaged In The Business Of Development & Sale

234 TNMM Belgium. (Import) 7 Ateliers Francois SA, Purchase of Capital 3,44,961 CUP Belgium. Goods 8 Moteurs et-Francois, Interest on External 9,46,705 CUP Belgium Commercial Borrowing (Euro) Moteurs et-Francois, 9 Interest on External 95,68,678 CUP Commercial Belgium Borrowings (USD) Moteurs et-Francois, 10 External 1,65,18,000 CUP Commercial Belguim Borrowings

AYOKI FABRICON PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.2155/Pun/2016 िनधा"रण वष" / Assessment Year : 2009-10 Ayoki Fabricon Pvt. Ltd., 137 To 139, Akshay Complex, Dhole Patil Road, Pune. Pan : Aabca5780F .......अपीलाथ" / Appellant बनाम / V/S. Dcit, Circle- 1(1), ……""यथ" / Respondent Pune. Assessee By : Shri Nikhil Pathak & Shri Nimit Gujarathi Revenue By : Shri Yogesh Kamat, Addl.Cit सुनवाई क" तारीख / Date Of Hearing : 20.12.2018 घोषणा क" तारीख / Date Of Pronouncement : 31.12.2019 आदेश / Order Per D. Karunakara Rao, Am : This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-1, Pune Dated 14.06.2016 For The Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under :- “1. The Learned Cit(A) Erred In Confirming The Disallowance Of Additional Depreciation Of Rs.1,10,53,748/- U/S 32(1)(Iia) On New Plant & Machinery On The Ground That The Assessee Was Not Engaged In The Business Of Manufacture Or Production Of Any Article Or Thing. 2. The Learned Cit(A) Erred In Ignoring The Fact That – I) The Details Furnished To The Assessing Officer By The Assessee During The Assessment Proceedings U/S 143(3) R.W.S. 147 Were Same As Were Furnished During The Assessment Proceedings U/S 143(3) & Therefore.

234,370,751 34,512,323 199,858,428 AYOKI FABRICON PRIVATE LIMITED Schedule G - I SCHEDULE OF ADDITIONAL DEPRECIATION ON FIXED ASSETS AS PER I.T.ACT. SR PARTICULRS W.D.V. ON ADDITIONS DURING THIS DEDUCTIONS TOTAL DEP. DEPT. W.D.V. ON 31- NO. 1-APR-08 YEAR RATE MAR-09 BEFORE AFTER 1ST 30TH SEP. OCT. 1 Plant

ASSISTANT COMMISSIONER OF INCOME TAX vs. KOLHAPUR ZILLA SAHAKARI DUDH UTPADAK SANGH LTD,, KOLHAPUR

In the result, both the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.2726 & 2727/Pun/2016 "नधा"रण वष" / Assessment Years : 2012-13 & 2013-14

234 PAN: AAAAK0230D ….""यथ" / Respondent अपीलाथ" क" ओर से / Appellant by : Shri O.A. Mao ""यथ" क" ओर से / Respondent by : Shri Sushant Phadnis सुनवाई क" तार"ख / घोषणा क" तार"ख / Date of Hearing : 30.08.2018 Date of Pronouncement: 30.08.2018 आदेश / ORDER PER SUSHMA CHOWLA, JM: Both the appeals filed by the Revenue are against consolidated order

ASSISTANT COMMISSIONER OF INCOME TAX vs. KOLHAPUR ZILLA SAHAKARI DUDH UTPADAK SANGH LTD,, KOLHAPUR

In the result, both the appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.2726 & 2727/Pun/2016 "नधा"रण वष" / Assessment Years : 2012-13 & 2013-14

234 PAN: AAAAK0230D ….""यथ" / Respondent अपीलाथ" क" ओर से / Appellant by : Shri O.A. Mao ""यथ" क" ओर से / Respondent by : Shri Sushant Phadnis सुनवाई क" तार"ख / घोषणा क" तार"ख / Date of Hearing : 30.08.2018 Date of Pronouncement: 30.08.2018 आदेश / ORDER PER SUSHMA CHOWLA, JM: Both the appeals filed by the Revenue are against consolidated order

SHARP DESIGNERS AND ENGINEERS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकरअपीलसं. / Ita No.2263/Pun/2014 आयकरअपीलसं आयकरअपीलसं आयकरअपीलसं िनधा"रणवष" िनधा"रणवष"/ Assessment Year : 2010-11 िनधा"रणवष" िनधा"रणवष"

234 (Amrtisar). Appellant's reliance on the decision of Yash Developers V. ITO - ITA No. 809/MUM/2011 was held as misplaced by observing that 4th proviso to section 139(1) was introduced from AY 2006-07 while the decision of Mumbai ITAT related to AY 1972-73. Various other issues were also involved in the appeal before the Ld.CIT

INCOME-TAX OFFICER vs. SHARP DESIGNER AND ENGINEERS (INDIA) PVT. LTD.,, PUNE

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकरअपीलसं. / Ita No.2263/Pun/2014 आयकरअपीलसं आयकरअपीलसं आयकरअपीलसं िनधा"रणवष" िनधा"रणवष"/ Assessment Year : 2010-11 िनधा"रणवष" िनधा"रणवष"

234 (Amrtisar). Appellant's reliance on the decision of Yash Developers V. ITO - ITA No. 809/MUM/2011 was held as misplaced by observing that 4th proviso to section 139(1) was introduced from AY 2006-07 while the decision of Mumbai ITAT related to AY 1972-73. Various other issues were also involved in the appeal before the Ld.CIT

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SHARP DESIGNERS & ENGINEERS INDIA PVT. LTD.,, PUNE

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकरअपीलसं. / Ita No.2263/Pun/2014 आयकरअपीलसं आयकरअपीलसं आयकरअपीलसं िनधा"रणवष" िनधा"रणवष"/ Assessment Year : 2010-11 िनधा"रणवष" िनधा"रणवष"

234 (Amrtisar). Appellant's reliance on the decision of Yash Developers V. ITO - ITA No. 809/MUM/2011 was held as misplaced by observing that 4th proviso to section 139(1) was introduced from AY 2006-07 while the decision of Mumbai ITAT related to AY 1972-73. Various other issues were also involved in the appeal before the Ld.CIT

DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, PUNE vs. MAHINDRA INTERNATIONAL SCHOOL ACADEMY, PUNE, PUNE

Appeal is dismissed in above terms

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

depreciation claim(s) to this effect in very terms. 8 ITA.No.980/PUN./2023 5. Mr. Patel accordingly submits in light of the Revenue’s fifth substantive ground at this stage that the CIT(A)'s above extracted findings under challenge had in fact admitted assessee’s additional/fresh evidence without affording any opportunity; much less an adequate one; to the Assessing

INTERVALVE POONAWALLA PVT. LTD.,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2013-14 Intervalve Poonawalla Pvt. Ltd. Dcit, Central Circle 1(1), Fin Div. 16/B-1, Sarosh Bhavan, Pune Vs. 2Nd Floor, Dr. Ambedkar Road, Opp. Niv, Pune – 411001 Pan: Aaaci3917P (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak & Vishnu Bhutada Department By : Shri Ramnath P Murkunde Date Of Hearing : 14-05-2025 Date Of Pronouncement : 27-05-2025 O R D E R

depreciation of Rs.89,42,896/- which is the subject matter for levy of penalty. 3. The assessee filed an appeal before the Ld. CIT(A) / NFAC and the Ld. CIT(A) / NFAC restricted the disallowance u/s 14A to Rs.1,82,234/-. Subsequently, the Assessing Officer initiated penalty proceedings u/s 271(1)(c) of the Act. He noted that the assessee

DEPUTY COMMISSIONER OF INCOME-TAX vs. AJANTA INFRASTRUCTURE PVT. LTD.,, AURANGABAD

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

234 is to be charged before allowing MAT credit. D. The appellant craves leave to add, alter, modify, delete and amend any of the above grounds as per the circumstances of the case.” 2. The brief background in this case is that the case was selected for scrutiny under CASS and accordingly, the ld. A.O had finalized the assessment

INCOME TAX OFFICER, WARD-11(1), PUNE, PUNE vs. MAHARASHTRA CRICKET ASSOCIATION, PUNE, PUNE

In the result, the appeal of the Revenue is allowed for statistical\npurposes

depreciation\nof Rs.17,67,439/-, capital expenditure being application of Rs.\n23,02,72,512/- and deficit brought forward of Rs.58,64,46,708/- and\nclaimed total of these of Rs.97,28,31,592/- as deduction and arrived at\ntotal income of Rs. NIL in view of exemption u/s 11 claiming application of\nincome of more than 85% and working

KOSO INDIA PVT.LTD,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, NASHIK

In the result, the appeal is partly allowed for statistical

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.3044/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Koso India Private Limited, Vs. Dcit, Circle-1 H-33 & 34, Midc, Ambad, Nashik Nashik – 422 010 Pan : Aacck3621N Appellant Respondent

234 of the paper book. Such calculation of the margins was accepted by the TPO, who computed the transfer pricing adjustment by considering such working capital adjusted margins of the three comparables. The assessee did not assail such working capital adjustment before the DRP, which was, in fact, accepted by the 5 Koso India Private Limited TPO himself. Ex consequenti

MAHESH MADHAVRAO BUDUKH,,BARSHI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, SOLAPUR

In the result, the appeal of the assessee is allowed

Depreciation on car Rs. 46,425/- 4. Telephone Expenses Rs. 3,487/- Total Rs.3,64,146/- 4. The CIT(A) not only partly allowed the appeal of the assessee, however, he made enhancement of assessment by adding the income of Rs.9,66,885/-. The assessee filed the written submission in this regard before the CIT(A) which was rejected