COVENTYA INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

32 of the I.T. Act, 1961?” …….. “3. Question No. (a) noted above pertains to the decision of the Tribunal to grant depreciation on the Assessee's payment of non-compete fees. According to the Revenue, this being an intangible asset, no depreciation under Section

COVENTYA INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

32 of the I.T. Act, 1961?” …….. “3. Question No. (a) noted above pertains to the decision of the Tribunal to grant depreciation on the Assessee's payment of non-compete fees. According to the Revenue, this being an intangible asset, no depreciation under Section

CUMMINS INDIA LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

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

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.685/Pun/2017 नििाारण वषा / Assessment Year : 2012-13

depreciation arises out of clause (iia) of sub-section 1 of Section 32 of the Act. Clause (ii) of sub- section

ZF STEERING GEAR (INDIA) LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1 (1),, PUNE

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

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm Assessment Year: 2013-14

depreciation arises out of clause (iia) of sub-section 1 of sec. 32 of the Act. Clause (ii) of sub-section

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -3, NASHIK vs. WINDSOR MACHINES LTD., MUMBAI

In the result, the appeal of Revenue is partly allowed

Bench: Shri S.S. Viswanethra Ravi & Shri G.D. Padmahshali

depreciation under Section 32(2), shall be mandatory. Therefore, the provisions of section 32(2) as amended by Finance Act, 2001 would

AMPHENOL INTERCONNECT INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

In the result, the appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.2300/Pun/2017 यििाारण वषा / Assessment Year : 2013-14

depreciation under section 32(1)(iia) of the Act. However, the Assessing Officer had disallowed the claim of assessee. He further

M/S GERA DEVELOPMENTS PVT. LTD,PUNE vs. PCIT (CENTRAL), PUNE, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamore

depreciation, (by 13 M/s Gera Developments Pvt. Ltd. applying 5th proviso to clause (ii) of sub section (1) of section 32

AIR CONTRAL INDIA PVT. LTD,PUNE vs. INCOME TAX OFFICER, WARD-1(1), PUNE

Appeal is allowed in above terms

32(1)(iia) of the I.T. Act, 1961. Accordingly, the AO confronted the appellant on this issue of admissibility of additional depreciation claimed by the appellant. In reply the appellant filed following submissions before the AO: "1. We have claimed depreciation @80% on written down value basis for six months and we claimed additional depreciation of 20% under section

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. PARAKH AGRO INDUSTRIES LTD.,, PUNE

In the result, both the appeals by Revenue are dismissed

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

section 32(1)(iia) of the Act whereby additional depreciation is allowed. The relevant extract of section 32(1)(iia) as was applicable

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. PARAKH AGRO INDUSTRIES LTD.,, PUNE

In the result, both the appeals by Revenue are dismissed

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

section 32(1)(iia) of the Act whereby additional depreciation is allowed. The relevant extract of section 32(1)(iia) as was applicable

M/S. VARDHAN NUTRITIONS AND CHEMICALS PVT. LTD.,,RAIGAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.662/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Vardhan Nutritions & Chemicals Pvt. Ltd., Plot No.535/2, Ershimgathi Road, Old Thana Naka Road, Thana Naka, अऩीऱाथी/Appellant Panvel, Dist. Raigad. …. Pan: Aabcv9194J Vs. The Asst. Commissioner Of Income-Tax, …. प्रत्यथी / Respondent Panvel

depreciation allowance under section 32, section 50 provides for a special procedure for computation of capital gains in the case

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) is reproduced herein below :- “Depreciation. 32. (1) In respect of depreciation of— (i) buildings, machinery, plant or furniture

SATARA ENGINEERING PROJECTS AND EQUIPMENTS PRIVATE LIMITED,SATARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, SATARA, SATARA

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2450/Pun/2025 Assessment Year : 2024-25

depreciation under the provision of section 32, except clause (iia) of sub-section (1) of the said section, determined in such

DEPUTY COMMISSIONER OF INCOME-TAX,(EXEMPTION) CIRCLE ,, PUNE vs. THE BISHOPS EDUCATION SOCIETY,, PUNE

In the result, the appeal of the Revenue in ITA No

depreciation can be considered as a legitimate deduction in computing the real income of the assessee on general principles or under section 11(1)(a) of the Income-tax Act. The Court rejected the argument on behalf of the revenue that section 32

DEPUTY COMMISSIONER OF INCOME-TAX, (EXEMPTION) CIRCLE ,, PUNE vs. SHIVNAGAR VIDYA PRASARAK MANDAL,, PUNE

In the result, the appeal of the Revenue in ITA No

depreciation can be considered as a legitimate deduction in computing the real income of the assessee on general principles or under section 11(1)(a) of the Income-tax Act. The Court rejected the argument on behalf of the revenue that section 32

NAWAB PASHASAHEB JAMADAR,LATUR vs. THE INCOME TAX OFFICER, WARD-1, LATUR

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

Bench: Shri R.S. Syalआयकर अपीऱ सं. /Ita No.731/Pun/2023 निर्धारण वषा / Assessment Year : 2014-15 Nawab Pashasaheb Jamadar, Vs. Ito, Ward-1, Global Panacea Hospital, Latur Gross Golden Jubilee, B-Block, Mahaeboob Nagar, Ambajogai Road, Latur – 413 512, Maharashtra Pan : Aaopj3902E Appellant Respondent

Section 32(1) deals with the grant of depreciation. Clause (ii) of section 32(1) states that the depreciation shall

JAYNT VASUDEO ARADHYE,SOLAPUR vs. DCIT, CIRCLE-1, SOLAPUR, SOLAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

depreciation, if any, under any provision of section 32, except clause (iia) of sub-section (1) of the said section

JOINT COMMISSIONER OF INCOME-TAX, (OSD), CIRCLE-5,, PUNE vs. ROHAN AND RAJDEEP INFRASTRUCTURE PVT.LTD,, PUNE

In the result, the appeal of Revenue in ITA No

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

section 32(1)(ii) of the Act and such right is a depreciable and assessee is entitled to claim depreciation