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 / 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

AAM INDIA MANUFACTURING CORPORATION PRIVATE LIMITED,AHMEDNAGAR vs. INCOME TAX OFFICER, WARD 1, AHMEDNAGAR

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

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

274 in conjunction with section 270A 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, thus may be granted. The Appellant craves leave to add, alter, vary, omit, substitute or amend the above grounds of appeal, at any time before

BALAJI UDYOG,JALGAON vs. ITO WARD 1(3), JALGAON

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1501/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Balaji Udyog, Vs. Ito, Ward-1(3), Jalgaon. J-81, Midc Area, Jalgaon- 425003. Pan : Aagfb2522E Appellant Respondent Assessee By : Shri Vinay Kawadia Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 23.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.05.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) Under The Facts & Circumstances Of The Case & In Law The Learned Cit(A). Nfac Has Erred In Confirming The Disallowance Of Interest Paid To Partners Amounting To Rs.19,23,457/- U/S 40(B) Of The Act. He Specifically Erred In Law In Recasting The Capital Accounts Of The Partners On Account Of Non-Provision Of Depreciation In Books Of Account. 2) The Ld. Cit(A) Erred On Facts & In Law In Upholding Disallowance Of Rs.1,13,286/-Being 10% Of The Various Expenses Debited To Profit & Loss Account.

section 32(1) of the IT Act held that depreciation is required to be provided in books of accounts & since the assessee failed to do so, therefore, he re-casted the capital account of the partners by reducing the amount of depreciation of earlier years and accordingly excess interest of Rs.19,23,457/- was disallowed by the Assessing Officer

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

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

274 read with\nsection 270A of the Act, without appreciating the fact that the\nadditions made by the Ld. AO are not in accordance with the law.\nWithout prejudice to the above grounds\n16. On the facts and circumstances of the case and in law, the\nAO has erred in passing the impugned Assessment Order under\nSection 143(3) read

BAJAJ HOUSING FINANCE LIMITED,PUNE vs. ITO, WARD-8(1), PUNE, PUNE

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

Bench: Dr.Manish Borad

depreciation was reduced. Relevant finding of the Tribunal reads as under : “4. We have heard the rival submissions and perused the material available on record. The assessee is engaged in the business of manufacturing and sale of cement, manufacturing and sale of asbestos sheets, heavy engineering workshop and foundry. The assessee filed its return of income electronically

PRODAIR AIR PRODUCTS INDIA PRIVATE LIMITED, PUNE,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, PUNE, PUNE

In the result, the appeal of the Assessee is Dismissed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.495/Pun/2022 िनधा"रण वष" / Assessment Year : 2018-19 Prodair Air Products India The Assistant Private Limited, V Commissioner Of 602 Pentagon 5, Magarpatta S Income Tax, Circle-4, City, Hadapsar, Pune – 411013. Pune. Pan: Aafcp0045E Appellant/ Assessee Respondent /Revenue Assessee By Shri Chandni Shah & Ridhi Maru – Ar Revenue By Shri Subhakant Sahu – Irs, Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 14/12/2023

274 r.w.s. 270 of the Act. In view of foregoing grounds of appeal, the Appellant most humbly prays that the abovementioned TP adjustment ought to be deleted.” Submission of Ld. AR : 3. Ld.Authorised Representative(AR) for the assessee filed paper book. Ld.AR explained that the Assessee is a 100% subsidiary of Air Products and Chemicals Inc USA. Assessee is mainly

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 expenses originally absorbed by the appellant in its Segmental P&L as per TP Report. Ground 6: Non-acceptance/exclusion of overseas comparable companies On the facts and in the circumstances of the case and in law, the AU based on the directions of Ld. DRP has erred in notaccepting/excluding the overseas comparable companies operating in the regions where

KRISHI UTPANNA BAZAR SAMITI,SOLAPUR vs. ACIT, CIRCLE 2, SOLAPUR

The appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.77/Pun/2020 िनधा"रणवष" /Assessment Year: 2008-09 Krishi Utpanna Bazar Sammittee, The Asst. Commissioner Basveshwar Market Yard, Tal: Vs Of Income Tax, Circle-2, Akkalkot, Solapur – 413216. Solapur. Pan: Aaaak 1791 R Appellant/ Assessee Respondent/ Revenue Assessee By None. Revenue By Shri S P Walimbe – Dr Date Of Hearing 13/06/2022 Date Of Pronouncement 18/07/2022 आदेश/ Order Per Dr.Dipak P.Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income-Tax(Appeals), Pune-10’S, Order Dated 06.11.2019For The Assessment Year 2008-09, Involving Proceedings Under Section 271(1)(C)Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Assessing Officer Erred In Levying The Penalty Of Rs.2,02,600/- By Passing Order U/S 271(1)(C) By Disregarding The Appellants Contention.”

depreciation Rs.1,47,527/- The AO levied Penalty u/s 271(1)(c) of the Act vide order dated 30/06/2011 for the impugned wrong claims. 3. No one appeared for the appellant assessee. The appeal is decided Ex Party with the help of the Ld.DR. 3.1. We have studied the records and heard the Ld.DR. On perusal of the Penalty Notice

MANAV PACKAGING INDUSTRIES PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 11(1),, PUNE

In the result, the appeal of assessee in ITA No

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

274 r.w.s. 271(1)(c) dated 31/12/2010, refers to both the Limbs of section 271(1)(c), whereas, penalty has been levied without mentioning any specific Charge or Limb in penalty order.” 8. Brief facts of the case as emanating from record are that the assessee is engaged in the business of trading in Corrugated Boxes and filed return

MANAV PACKAGING INDUSTRIES PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 11(1),, PUNE

In the result, the appeal of assessee in ITA No

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

274 r.w.s. 271(1)(c) dated 31/12/2010, refers to both the Limbs of section 271(1)(c), whereas, penalty has been levied without mentioning any specific Charge or Limb in penalty order.” 8. Brief facts of the case as emanating from record are that the assessee is engaged in the business of trading in Corrugated Boxes and filed return

MANAV PACKAGING INDUSTRIES PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 11(1),, PUNE

In the result, the appeal of assessee in ITA No

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

274 r.w.s. 271(1)(c) dated 31/12/2010, refers to both the Limbs of section 271(1)(c), whereas, penalty has been levied without mentioning any specific Charge or Limb in penalty order.” 8. Brief facts of the case as emanating from record are that the assessee is engaged in the business of trading in Corrugated Boxes and filed return

ENTRATA INDIA PVT. LTD. ,PUNE vs. DCIT, CIRCLE-1(1), PUNE, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

274. In the said decision, it has been held that after amendment to section 10A by the Finance Act, 2000 w.c.f. 01/04/2001, said section has become a provision for deduction but stage of deduction would be while computing gross total income of eligible undertaking under Chapter-IV and not at stage of computation of total income under Chapter

DCIT CIRCLE 1(1), PUNE, SWARGATE vs. ENTRATA INDIA PVT. LTD, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

274. In the said decision, it has been held that after amendment to section 10A by the Finance Act, 2000 w.c.f. 01/04/2001, said section has become a provision for deduction but stage of deduction would be while computing gross total income of eligible undertaking under Chapter-IV and not at stage of computation of total income under Chapter

SILVER OAK BUILDCON PVT. LTD.,PUNE vs. ACIT-6, PUNE, PUNE

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

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

274 r.w.s. 270A of the Act, dated 15.10.2019 and the show cause notice issued u/s 270A dated 27.02.2021 do not show as to under which limb of section 270A of the Act, such penalty proceedings have been initiated. It is also her submission that all the details were available in the audit report and therefore, it cannot be held that

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

274 wherein it has been held that in case of an assessee having the business of eligible and non-eligible undertakings, then for the purpose of claiming set off of unabsorbed depreciation and brought forward business loss, the assessee is first entitled to legitimate claim of exemption u/s.10A of the Act for the profits earned from eligible undertaking and from

ASSTT. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, PUNE vs. ZEAL EDUCATION SOCIETY, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri Manish Borad & Ms. Astha Chandra

section 270A of the Act for under-reporting of income. 2.1 During the penalty proceedings, in response to show-cause notice issued u/s 274 r.w.s. 270A of the Act, the assessee vide its reply dated 30/12/2021 submitted as under:- “While the return of income was filed, it was inadvertently taken the amount of Rs. 548212549/- as the assessee's revenue

M/S KARIA BUILDERS ,PUNE vs. ITO WARD 14(3), PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 M/S. Karia Builders Ito, Ward 14(3), Pune 402, Konark Indrayu, Kondhwa, Vs. Pune – 411048 Pan: Aadfk5220B (Appellant) (Respondent) Assessee By : Shri Sanket M Joshi Department By : Shri Ramnath P Murkunde Date Of Hearing : 17-07-2025 Date Of Pronouncement : 23-07-2025 O R D E R

274 r.w.s. 271D of the Act was issued to the assessee on 17.08.2022 which reads as under: 9 19. Thus, the penalty proceedings were initiated on 17.08.2022. We find the JCIT in the show cause notice for penalty u/s 271D of the Act issued on 13.02.2023 has also mentioned the time barring date i.e. 28.02.2023 for levy of penalty

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

In the result, the appeal filed by the Revenue stands dismissed

depreciation at the rate applicable to plant and machinery following the decision of this Tribunal in assessee’s own case for assessment years 2011-12 and 2012-13. (x) With regard to the disallowance of expenditure on account of Freebies/Incentives to doctors amounting to Rs.2,90,94,637/-, the ld. CIT(A) considering the fact that this expenditure is only