ASSISTANT COMMISSIONER OF INCOME TAX, KOLHPAUR vs. RBL BANK LTD, KOLHAPUR

In the result, the appeal of the Revenue is dismissed

Bench: SATBEER SINGH GODARA, JUDICIAL MEMBER, AND DR.DIPAK P. RIPOTE (Accountant Member)

36(1 )(vii) amounting to Rs. 65,97,164 dis-allowed by the AO on the ground that the assessee being a bank, will not be eligible for the deduction. c. Excess depreciation inadvertently claimed by the Bank amounting to Rs 5,10,000, was dis-allowed in the course of assessment. d. Profit on sale of scrap amounting

ASSISTANT COMMISSIONER OF INCOME TAX vs. THE SINDHUDURG DISTRICT CO-OP BANK LTD,, SINDHUDURG

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

section itself means that the deduction is to be allowed only if a provision is made by the appellant in his books and the same is to be restricted to the ceiling mandated by see 36(l)(viia)(a) or the 1st proviso to sec 36(1)(viia) at the option of the assessee. From the facts and the entire

ASSISTANT COMMISSIONER OF INCOME TAX vs. THE SINDHUDURG DISTRICT CO-OP BANK LTD,, SINDHUDURG

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

section itself means that the deduction is to be allowed only if a provision is made by the appellant in his books and the same is to be restricted to the ceiling mandated by see 36(l)(viia)(a) or the 1st proviso to sec 36(1)(viia) at the option of the assessee. From the facts and the entire

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 of the Act has already been taken into account the amount of subsidy for determination of the actual cost of assets for computing the depreciation in the computation of income filed along with return of income of income for the assessment year under consideration. However, ld. AO was not satisfied with these arguments and submissions

DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD., PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 of the Act has already been taken into account the amount of subsidy for determination of the actual cost of assets for computing the depreciation in the computation of income filed along with return of income of income for the assessment year under consideration. However, ld. AO was not satisfied with these arguments and submissions

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 of the Act has already been taken into account the amount of subsidy for determination of the actual cost of assets for computing the depreciation in the computation of income filed along with return of income of income for the assessment year under consideration. However, ld. AO was not satisfied with these arguments and submissions

ACIT, CIRCLE-5, PUNE, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 of the Act has already been taken into account the amount of subsidy for determination of the actual cost of assets for computing the depreciation in the computation of income filed along with return of income of income for the assessment year under consideration. However, ld. AO was not satisfied with these arguments and submissions

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD.,PUNE vs. ACIT, CIRCLE-5, PUNE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 of the Act has already been taken into account the amount of subsidy for determination of the actual cost of assets for computing the depreciation in the computation of income filed along with return of income of income for the assessment year under consideration. However, ld. AO was not satisfied with these arguments and submissions

ASHISH NIRANJAN SHAH,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX -4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.697/Pun/2019 िनधा"रण वष" / Assessment Year : 2014-15 Ashish Niranjan Shah, The Pr.Cit-4, Pune. 39, Mantri Court, Dr.Ambedkar V Road, Next To Rto, Sangam, S Pune – 411001. Pan: Aidps 7682 K Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Keyur Patel, Irs – Cit-Dr Date Of Hearing 28/07/2023 Date Of Pronouncement 13/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Pr.Commissioner Of Income Tax-4, Pune Dated26.03.2019 Under Section 263 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Learned Pr. Cit- 4, Pune Erred In Law & On Facts In Treating The Assessment Order U/S 143(3) Being Erroneous & Thereby Prejudicial To The Revenue U/S 263 Without Appreciating That, The Learned Ao Has Allowed Appellant'S Claim Of Business Loss Amounting To Rs.10,20,14,068/- Incurred On Account Of Default In Payment By Nsel, With Due Application Of Mind & Verification. The Learned Pr. Cit Erred In Holding That, Ao Has Not Carried Out Any Enquiry With Respect To Business Loss Claimed By The Appellant & Not Applied His Ashish Niranjan Shah [A]

section 142 which has been filed by the assessee at Page 53, 57 of Paper Book(PB). 5.3 The ld.AO vide notice dt.15.08.2016 raised these questions before the assessee : 12 Ashish Niranjan Shah [A] “1. Detailed note on business/profession activities carried out by you during the year under consideration. 2. Please furnish copy of ITR, computation and audit report along

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. ITO WARD6(1), PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

36,08,69,697 was received and claimed as a Capital Receipt. For\nA.Y. 2014-15 Revenue was in appeal raising a ground that since\nthere is direct link to the investment in Fixed Asset by the eligible\nunit therefore as per Explanation 10 to section 43(1) of the Act since\nthe cost of asset has been met directly

INCOME-TAX OFFICER, WARD - 2(3),, SOLAPUR vs. SHRI. ULHAS MALLIKARJUN PATIL,, SOLAPUR

Appeal is partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Shri Inturi Rama Raoआयकर अपीलसं. / Ita No.1751/Pun/2018 िनधा"रणवष" / Assessment Year : 2013-14 The Income Tax Officer, Shri Ulhas Mallikarjun Patil, Ward-2(3), Solapur, Vs Block No.3, Sunandan . Complex, Near Dayanand College, Ravivar Peth, Solapur – 413004. Pan: Akepp 1943 P Appellant/ Assessee Respondent /Revenue Assessee By Shri Krishna V Gujarathi – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 05/09/2022 Date Of Pronouncement 06/09/2022 आदेश/ Order Per S.S.Godara, Jm: This Revenue’S Appeal For Assessment Year 2013-14 Is Directed Against The Commissioner Of Income Tax(Appeals)-7, Pune’S Order Dated 31.08.2018 Passed In Case No.Pn/Cit(A)-7/Wd- 2(3)/10434/2016-147, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

section 50 would apply even though no depreciation is claimed. The AO has computed depreciation on cost of acquisition of Rs. 2,36

ACIT, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

36,08,69,697 was received and claimed as a Capital Receipt. For\nA.Y. 2014-15 Revenue was in appeal raising a ground that since\nthere is direct link to the investment in Fixed Asset by the eligible\nunit therefore as per Explanation 10 to section 43(1) of the Act since\nthe cost of asset has been met directly

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. ITO WARD 6(1), PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

36,08,69,697 was received and claimed as a Capital Receipt. For\nA.Y. 2014-15 Revenue was in appeal raising a ground that since\nthere is direct link to the investment in Fixed Asset by the eligible\nunit therefore as per Explanation 10 to section 43(1) of the Act since\nthe cost of asset has been met directly

INDUS BIOTECH LIMITED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

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

36(1)(va)\n23,778\n3\nAdd: Disallowance of IPO costs u/s 37(1)\n1,17,25,562\n4\nAdd: Disallowance of income tax and interest on\n115JB paid\n5,816\n5\nLess: Disallowance of CSR expenditure not\nconsidered in intimation u/s 143(1)\n38,54,277\n6\nTotal income as per intimation

PARAG MILK FOODS LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, the Appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.177/Pun/2022 िनधा"रण वष" / Assessment Year :2016-17 Parag Milk Foods Ltd., The Assistant Awasari Phata,Village Manchar, Vs Commissioner Of Income Tal - Ambegaon, Tax, Circle-4, Pune. Dist-Pune – 411503. Pan: Aabcp 0425 G Assessee/ Appellant Respondent /Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 24/04/2023 Date Of Pronouncement 21/06/2023 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 (Appeal)[Ld.Cit(A)], Pune-11 Dated 04.02.2022 Emanating From Assessment Order Under Section 143(3) Of The Act Dated 26.12.2018 For A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer Of Making An Addition Of Rs.1,15,71,588/- On Account Of Disallowance Of Deduction U/Sec.80Ia Of The Act On The Ground That The Assessee Has Not Complied With The Conditions Which Are Necessary To Claim Deduction U/Sec.80Ia Of The Act & Failed To Furnish Any Concrete Evidence To Prove That The Parag Milk Foods Ltd., [A]

section 2 of the Electricity Act, 2003 (36 of 2003), whether or not such transfer is in pursuance of the splitting up or reconstruction or reorganisation of the Board under Part XIII of that Act. Explanation 1.—For the purposes of clause (ii), any machinery or plant which was used outside India by any person other than the assessee shall

SUN INFRASTRUCTURES PRIVATE LIMITED,NASHIK vs. INCOME TAX OFFICER, WARD-2(1), NASHIK, NASHIK

In the result, the appeal of the assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

section 36(1)(va) are satisfied i.e., depositing such amount received or deducted from the employee on or before the due date of respective statutes, the assessee is not entitled to claim benefit of deduction from the total income. Therefore, in our opinion, essential condition for claiming such deduction if such amounts are deposited on or before due date

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 10,, PUNE vs. M/S. UMW DONGSHIN MOTECH PVT.LTD,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.610/Pun/2018 िनधा"रण वष" / Assessment Year: 2012-13 Acit, Circle-10, Vs. M/S. Umw Dongshin Motech Pune. Pvt. Ltd., Plot No.A-19, Talegaon Industrial Area, Village- Navalkhumbe, Pune- 410507. Pan : Aaccd5858L Appellant Respondent Revenue By : Shri Kalika Singh Assessee By Shri Sanjay Mehta : Date Of Hearing : 14.01.2022 Date Of Pronouncement : 14.01.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 6, Pune [‘Cit(A)’ For Short] Dated 06.12.2017 For The Assessment Year 2012-13. 2. The Revenue Raised The Following Grounds Of Appeal :- “1. Whether On The Facts & Circumstances Of The Case & In Law The Ld.Cit(A) Erred In Deleting The Disallowance Of Interest U/S 36(1)(Iii) When The Assessee During Assessment Proceedings Has Failed To Produce The Proofs Of The Machinery Put To Use When The Onus Was On The Assessee To Prove That The Borrowed Capital Was Actually Put To Use & There Is Commencement Of A Business From The Installed

section 36(1)(iii) of the Act. Similarly, the Assessing Officer also denied the depreciation and the additional depreciation of 80% of the cost

JOINT COMMISSIONER OF INCOME-TAX, (OSD), CIRCLE -1,, SOLAPUR vs. M/S. LOKMANGAL AGRO INDUSTRIAL LTD,, SOLAPUR

Bench: Shri S.S. Godara & G.D. Padmahshali

depreciation claimed so as to attract section 43(1) Explanation 10 of the Act. Yet another decision Sasisri Extraction Ltd., vs., ACIT [2008] 122 ITD 428 (Vizag) also hold that mere credit of the subsidy amount in the assessee’s loan account does not attract sec.43(1) Explanation 10 of the Act. The Revenue fails in its identical former twin