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38 results for “depreciation”+ Section 234B(3)clear

Sorted by relevance

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Key Topics

Section 143(3)30Section 1127Addition to Income26Disallowance20Depreciation17Section 115J16Section 13215Transfer Pricing15Section 36(1)(iii)13Section 40

SKODA AUTO INDIA PVT. LTD.,,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE

In the result, appeal of the assessee in ITA No

ITA 546/PUN/2014[2009-10]Status: DisposedITAT Pune02 Jul 2019AY 2009-10

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.714/Pun/2011 नििाारण वषा / Assessment Year : 2005-06 The Assistant Commissioner Of Income Tax, Circle-1, Aurangabad. .......अऩीऱाथी / Appellant बिाम / V/S. Skoda Auto India Pvt. Ltd. Plot No.A1/1, Shendra Five Star Industrial Area, Midc, Aurangabad-431 201 Pan :Aaecs3749M ……प्रत्यथी / Respondent

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Avadhesh Kumar, CIT

Depreciation cannot be computed as per American rules applicable to the parent company. Therefore, Mr. Ostwal was correct in adjusting margin of profit of the taxpayer.” Thus, the Hon‟ble ITAT, Pune has also allowed adjustments made by the appellant to its profitability to account for difference and ensure comparability of the entities being compared. 10.6 The appellant has contended

ACIT,CIR.-1,, AURANGABAD vs. SKODA AUTO INDIA PVT. LTD.,, AURANGABAD

In the result, appeal of the assessee in ITA No

Showing 1–20 of 38 · Page 1 of 2

13
Section 92C12
Section 3612
ITA 714/PUN/2011[2005-06]Status: DisposedITAT Pune02 Jul 2019AY 2005-06

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.714/Pun/2011 नििाारण वषा / Assessment Year : 2005-06 The Assistant Commissioner Of Income Tax, Circle-1, Aurangabad. .......अऩीऱाथी / Appellant बिाम / V/S. Skoda Auto India Pvt. Ltd. Plot No.A1/1, Shendra Five Star Industrial Area, Midc, Aurangabad-431 201 Pan :Aaecs3749M ……प्रत्यथी / Respondent

For Appellant: Shri Nikhil Pathak &For Respondent: Shri Avadhesh Kumar, CIT

Depreciation cannot be computed as per American rules applicable to the parent company. Therefore, Mr. Ostwal was correct in adjusting margin of profit of the taxpayer.” Thus, the Hon‟ble ITAT, Pune has also allowed adjustments made by the appellant to its profitability to account for difference and ensure comparability of the entities being compared. 10.6 The appellant has contended

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 / brought forward business loss be upheld. 3. Ground No. 3 On the fact and in the circumstances of the case and in law, the Ld. CIT(A)/Ld. AO has erred in levying interest of INR 35,16,386/- under section 234A of the Act. The Appellant prays that the interest under section 234A of the Act could

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 / brought forward business loss be upheld. 3. Ground No. 3 On the fact and in the circumstances of the case and in law, the Ld. CIT(A)/Ld. AO has erred in levying interest of INR 35,16,386/- under section 234A of the Act. The Appellant prays that the interest under section 234A of the Act could

FAURECIA INTERIOR SYSTEMS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

ITA 781/PUN/2015[2010-11]Status: DisposedITAT Pune23 May 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Rajeev Kumar, CIT-DR
Section 10ASection 92C(2)

234B of the Act, as applicable, on account of unanticipated additions made to the total income of the Appellant on account of transfer pricing adjustment on which is due to difference of opinion and as at the due date of payment of advance tax by no means the Appellant could have estimated such adjustments and consequential tax on such adjustment

MERCEDES-BENZ INDIA PVT. LTD. (FORMERLY KNOWN AS DAIMLER CHRYSLER INDIA PVT. LTD),PUNE vs. ASST. CIT, CIRCLE-8, PUNE

In the result, appeal of assessee is partly allowed, appeal of Revenue is dismissed and cross objections of assessee are dismissed

ITA 1083/PUN/2013[2005-06]Status: DisposedITAT Pune25 Oct 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1083/Pun/2013 यििाारण वषा / Assessment Year : 2005-06 Mercedes-Benz India Pvt. Ltd., (Formerly Known As Daimler Chrysler India Pvt. Ltd.) E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

For Appellant: S/Shri Pramod Achuthan, Rajendra Agiwal
Section 143(3)

section 234B of the Act be deleted for AY 2005-06. 4. The assessee has also raised additional ground of appeal which reads as under:- “The learned CIT(A) has erred on the facts and in law in computing the transfer pricing adjustment on the entire cost of sales of CBU Unit of the Appellant instead of limiting

DY. CIT, CIRCLE-9, PUNE vs. MERCEDES BENZ I PVT. LTD. (FORMERLY KNOWN AS DAIMLER CHRYSLER I PVT. LTD), PUNE

In the result, appeal of assessee is partly allowed, appeal of Revenue is dismissed and cross objections of assessee are dismissed

ITA 1110/PUN/2013[2005-06]Status: DisposedITAT Pune25 Oct 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.1083/Pun/2013 यििाारण वषा / Assessment Year : 2005-06 Mercedes-Benz India Pvt. Ltd., (Formerly Known As Daimler Chrysler India Pvt. Ltd.) E-3, Midc Chakan, Phase – Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal. Khed, अऩीऱाथी/Appellant Pune – 410501 …. Pan: Aabcm1789L Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle – 8, Pune

For Appellant: S/Shri Pramod Achuthan, Rajendra Agiwal
Section 143(3)

section 234B of the Act be deleted for AY 2005-06. 4. The assessee has also raised additional ground of appeal which reads as under:- “The learned CIT(A) has erred on the facts and in law in computing the transfer pricing adjustment on the entire cost of sales of CBU Unit of the Appellant instead of limiting

NIHILENT TECHNOLOGIES P.LTD.,PUNE vs. ITO, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

ITA 2428/PUN/2012[2008-09]Status: DisposedITAT Pune10 May 2018AY 2008-09

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

For Appellant: Shri Nikhil PathakFor Respondent: Shri Rajeev Kumar
Section 115JSection 143(3)Section 92C

depreciation, whichever is lower.‖ 8. We find that the decision rendered by AAR in the case of Rastriya Ispat Nigam Ltd. (supra) and the order of Tribunal in the case of Kirloskar Ferrous Industries Ltd. (supra) are unanimous in the manner of computation of book profits, as provided in clause (iii) to Explanation 1 of section 115JB

NALCO WATER INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2, , PUNE

Appeal is allowed for statistical purposes

ITA 1892/PUN/2018[2014-15]Status: DisposedITAT Pune02 Mar 2022AY 2014-15

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm Assessment Year:2014-15

For Appellant: Shri Ketan VedFor Respondent: Shri Shivaji B. More
Section 143(3)Section 144C(5)Section 92C(3)

depreciation of INR 1,75,34,827 on plant and machinery on the ground that the plant and machinery were installed at customer's premises and hence were not 'put to use' in the business of the Appellant. Transfer Pricing 3. Without prejudice to the other grounds of appeal, the transfer prlcing adjustment, if any, should be restricted

M/S. VISHAY COMPONENTS INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed as indicated above

ITA 500/PUN/2017[2012-13]Status: DisposedITAT Pune12 Sept 2019AY 2012-13

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.500/Pun/2017 यििाारण वषा / Assessment Year : 2012-13

For Appellant: Shri Farooq IraniFor Respondent: Ms. Amrita Misra, CIT
Section 143(3)Section 234BSection 271(1)(c)Section 40Section 9(1)(vi)

234B and 234C of the Act; Initiation of penalty proceedings under section 271(1)(c) of the Act 6. erred in initiating penalty proceedings under section 271(1)(c) of the Act. Any consequential relief, to which the Appellant may be entitled under the law in pursuance of the aforesaid grounds of appeal, or otherwise, may thus be granted. 3

UMESH DHONDIRAM SHINDE,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are partly allowed

ITA 1367/PUN/2014[2008-09]Status: DisposedITAT Pune16 Mar 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

section (1) of S. 132 since under the CL (c) it is mandatorily required to be specified that any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been or would

UMESH DHONDIRAM SHINDE,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are partly allowed

ITA 1365/PUN/2014[2006-07]Status: DisposedITAT Pune16 Mar 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

section (1) of S. 132 since under the CL (c) it is mandatorily required to be specified that any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been or would

UMESH DHONDIRAM SHINDE,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are partly allowed

ITA 1363/PUN/2014[2004-05]Status: DisposedITAT Pune16 Mar 2018AY 2004-05

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

section (1) of S. 132 since under the CL (c) it is mandatorily required to be specified that any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been or would

UMESH DHONDIRAM SHINDE,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are partly allowed

ITA 1364/PUN/2014[2005-06]Status: DisposedITAT Pune16 Mar 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

section (1) of S. 132 since under the CL (c) it is mandatorily required to be specified that any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been or would

UMESH DHONDIRAM SHINDE,,KOLHAPUR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are partly allowed

ITA 1366/PUN/2014[2007-08]Status: DisposedITAT Pune16 Mar 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1363 To 1367/Pun/2014 यििाारण वषा / Assessment Years : 2004-05 To 2008-09

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Ajay Modi, JCIT
Section 132Section 153A

section (1) of S. 132 since under the CL (c) it is mandatorily required to be specified that any person is in possession of any money, bullion, jewellery or other valuable article or thing and such money bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been or would

SUNGARD SOLUTIONS (INDIA) P. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue in ITA

ITA 338/PUN/2016[2011-12]Status: DisposedITAT Pune14 Feb 2020AY 2011-12

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

depreciation under section 32 of the Act being a statutory deduction and not a routine expenditure is not governed by the provisions of section 40(a)(ia) of the Act. 1.4. Without prejudice to the ground 1.1 above, the Learned AO and the Learned DRP has failed to appreciate the fact that the Appellant ought not to be penalized

DCIT, BANGALORE vs. M/S SUNGARD SOLUTIONS INDIA PVT. LTD.,, BANGALORE

In the result, the appeal of Revenue in ITA

ITA 519/BANG/2015[2010-11]Status: DisposedITAT Pune14 Feb 2020AY 2010-11

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

depreciation under section 32 of the Act being a statutory deduction and not a routine expenditure is not governed by the provisions of section 40(a)(ia) of the Act. 1.4. Without prejudice to the ground 1.1 above, the Learned AO and the Learned DRP has failed to appreciate the fact that the Appellant ought not to be penalized

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. SUNGARD SOLUTIONS (I) PVT. LTD.,, PUNE

In the result, the appeal of Revenue in ITA

ITA 463/PUN/2016[2011-12]Status: DisposedITAT Pune14 Feb 2020AY 2011-12

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

depreciation under section 32 of the Act being a statutory deduction and not a routine expenditure is not governed by the provisions of section 40(a)(ia) of the Act. 1.4. Without prejudice to the ground 1.1 above, the Learned AO and the Learned DRP has failed to appreciate the fact that the Appellant ought not to be penalized

M/S SUNGARD SOLUTIONS (INDIA) PRIVATE LIMITED,PUNE vs. DCIT, BANGALORE

In the result, the appeal of Revenue in ITA

ITA 540/BANG/2015[2010-11]Status: DisposedITAT Pune14 Feb 2020AY 2010-11

Bench: Shri Anil Chaturvedi, Am & Shri S.S. Viswanethra Ravi, Jm

Section 143(2)Section 143(3)Section 144Section 154Section 40Section 92C

depreciation under section 32 of the Act being a statutory deduction and not a routine expenditure is not governed by the provisions of section 40(a)(ia) of the Act. 1.4. Without prejudice to the ground 1.1 above, the Learned AO and the Learned DRP has failed to appreciate the fact that the Appellant ought not to be penalized

SAS RESEARCH AND DEVELOPMENT (INDIA) PVT. LTD ,PUNE vs. ADDITIONAL / JOINT/ DEPUTY/ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), DELHI ADDITIONAL / JOINT/ DEPUTY/ASISTANT COMMISSIONER OF INCOME TAX (INT TAX), DELHI

In the result, appeal of the Assessee is Partly Allowed

ITA 255/PUN/2021[2016-17]Status: DisposedITAT Pune01 Nov 2022AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.255/Pun/2021 िनधा"रणवष" / Assessment Year : 2016-17 Sas Research & The Additional / Joint / Development(India) Private Vs Deputy / Assistant Limited, Commissioner Of Income Level 1, 2A & 3, Tower 5, Tax / Income-Tax Officer, Cybercity, Magarpatta City, National E-Assessment Hadapsar, Pune – 411013. Centre, Delhi. Pan: Aaecs 8099 L Appellant/ Assessee Respondent /Revenue Assessee By Shri Rajendra Agiwal– Ar Revenue By Shri Shivraj B Moray – Dr Date Of Hearing 03/08/2022 Date Of Pronouncement 01/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Additional/Joint/ Deputy/Assistant Commissioner Of Income Tax, National E-Assessment Centre, Delhi, Dated 06.04.2021For The A.Y. 2016-17 Emanating From The Order Of The Dispute Resolution Panel-3, Mumbai, Dated 24/03/2020. The Assessee Has Raised The Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case, Sas Research & Development (India) Private Limited (‘Appellant’) Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The National E- Assessment Center, Delhi Under Section 143(3) R.W.S 144C(13),144C(13),143(3A) & 143(3B) Of The Income-Tax Act, 1961 (‘The Act’) Dated 6 April 2021 Pursuant To The Directions Issued By Hon’Ble Dispute Resolution Panel - 3 (‘Hon’Ble Drp’), Mumbai, Under Section 144C(5) Of The Act Dated 19 February 2021, On The Following Sas Research & Development (India) Pvt. Ltd., [A]

Section 143(3)Section 144C(5)

234B, 243C and 3 SAS Research and Development (India) Pvt. Ltd., [A] 243D of the Act and initiating penalty proceedings under Section 271(l)(c) of the Act. 2. Brief facts of the case are that the appellant assessee company filed its return of income on 29/11/2016 declaring total income of Rs.18,28,30,770/-. The Assessing Officer(AO) issued