MAHLE ANAND THERMAL SYSTEMS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

1) (iv) or depreciation thereon under Section 32 of the Act. 7. The appellant craves leave to add to, alter

DCIT,CIRCLE-8 , PUNE vs. MAHALE ANAND THERMAL SYSTEMS PVT. LTD. , PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

1) (iv) or depreciation thereon under Section 32 of the Act. 7. The appellant craves leave to add to, alter

ASST COMMISSIONER OF INCOME TAX , PANVEL vs. EPYGEN BIOTECH PRIVATE LIMITED, NAVI MUMBAI

In the result, appeal of the Revenue is allowed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

depreciation shall be admissible under clause (ii) of sub-section (1) of section 32. 9. The assessee in the instant case has claimed the alleged expenditure u/s. 35(1)(iv

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

32. The ld. CIT-DR submits that the CIT(A) grossly erred in allowing the benefit of deduction u/s 10AA even in respect of deemed exports made to UNICEF against the plain provisions of section 10AA of the Act. 33. The ld. Sr. Counsel submits that the provisions of section 10AA were introduced in the Income

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

section 32(1) of the Income-tax Act, the total claim of the depreciation cannot exceed the deduction calculated, as if the amalgamation have not taken place and the deduction shall 7 M/s Gera Developments Pvt. Ltd. be apportioned between the amalgamating company and the amalgamated company. (iv

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

Appeal is allowed in above terms

iv) Madhu Industries Ltd. VS ITO, ITA No.4172(AHD) of 2007 dated 23/07/2010. 3. We have claimed depreciation u/s 32(1)(iia) of the I T Act, 1961 at rates prescribed in Appendix I which relates of Tangible Asset under the heading "III Machinery and Plant", in item 8 in sub-item (xiii), in sub-sub Item (1

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

32(1)(iia) of the Act at 20% in respect of eligible assets put to use for less than 180 days, as against the rate of 10% (i.e. restricted to 50% of the additional depreciation. (iii) Being aggrieved by the assessment order dated 4-12-2012, the assessee filed an appeal before CIT(A). 5 ZF Steering Gear India

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

section 32(2) of the Act as discussed above. 5.5 However, it is seen that in this ground of appeal, the appellant has challenged the disallowance of carry forward of unabsorbed depreciation totaling to Rs.19,89,09,661/- pertaining to AY 1997-98 to AY 2000-01, while as noted by the AO, the assessed unabsorbed depreciation pertaining

INCOME TAX OFFICER, PUNE vs. SAGAR CONSTRUCTION COMPANY, PUNE

In the result, the appeal filed by the Revenue is dismissed and the CO filed by the assessee is allowed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

32 CO No.43/PUN/2025 can initiate 153C and can make addition or assessment for the relevant assessment year or years. 52. On perusal of the above section amended from time to time, it is clear that the provisions of the said section could only be applied till 31/05/2015 when from the premises of the searched person, some books of account and/or

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

iv) bottling of gas into cylinder; (v) printing of books or production of cinematograph film; or (vi) any other business as may be notified by the Central Government in this behalf; and (c) the total income of the company has been computed,— (i) without any deduction under the provisions of section 10AA or clause (iia) of sub-section (1

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

iv. No deduction should have been claimed on the machinery or plant installed in the previous year. 8. In the present case, the assessee has not raised any objection with regard to any of the conditions set out in provisions of section 32(1)(iia) of the Act for allowing assessee’s claim of additional depreciation

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

iv. No deduction should have been claimed on the machinery or plant installed in the previous year. 8. In the present case, the assessee has not raised any objection with regard to any of the conditions set out in provisions of section 32(1)(iia) of the Act for allowing assessee’s claim of additional depreciation

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.

32(1) of the IT Act has made it compulsory for the assessee to claim depreciation in its books of accounts and accordingly prayed before the Bench that the orders passed by Ld. Assessing Officer as well as by Ld. CIT(A)/NFAC may kindly be confirmed. 6 9. We have heard Ld. Counsels from both the sides and perused

GENERAL INDUSTRIAL CONTROS LTD.,PUNE vs. DCIT CIRCLE 8, PUNE, PUNE

In the result, the order of the CIT(A) is set aside, and the appeal of the assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamore

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

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, determined in such manner as may be prescribed; and 4 (iv

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. JOHNSON MATTHEY CHEMICALS (I) PVT. LTD.,, RAIGAD

In the result, appeal of the Revenue for assessment year 2009-10 is

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

1 - Not following Rule of consistency II. without prejudice to above, erred in disallowing depreciation on intangible and other assets amounting to Rs 5,71,13,664 (Depreciation on other assets Rs. 38,61,588 and Trade-marks, Patents and Know-how Rs. 5,32,52,076) III. failed to appreciate the rule of consistency which states that the legal

JOHNSON MATTHEY CHEMICALS INDIA PRIVATE LTD.,,RAIGAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Revenue for assessment year 2009-10 is

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

1 - Not following Rule of consistency II. without prejudice to above, erred in disallowing depreciation on intangible and other assets amounting to Rs 5,71,13,664 (Depreciation on other assets Rs. 38,61,588 and Trade-marks, Patents and Know-how Rs. 5,32,52,076) III. failed to appreciate the rule of consistency which states that the legal

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. JOHNSON MATTHEY CHEMICALS (I) PVT. LTD.,, RAIGAD

In the result, appeal of the Revenue for assessment year 2009-10 is

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

1 - Not following Rule of consistency II. without prejudice to above, erred in disallowing depreciation on intangible and other assets amounting to Rs 5,71,13,664 (Depreciation on other assets Rs. 38,61,588 and Trade-marks, Patents and Know-how Rs. 5,32,52,076) III. failed to appreciate the rule of consistency which states that the legal