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

depreciation. relevance of the explanation 10 to section 43(1) of the Income Tax Act is limited to the extent that the amount of subsidy is to be reduced as per the method provided in the explanation. It is emphasised that the expression "In accordance with" used in sub clause (a) of clause (xviii) to section 2 (24) does

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

depreciation. relevance of the explanation 10 to section 43(1) of the Income Tax Act is limited to the extent that the amount of subsidy is to be reduced as per the method provided in the explanation. It is emphasised that the expression "In accordance with" used in sub clause (a) of clause (xviii) to section 2 (24) does

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

depreciation. relevance of the explanation 10 to section 43(1) of the Income Tax Act is limited to the extent that the amount of subsidy is to be reduced as per the method provided in the explanation. It is emphasised that the expression "In accordance with" used in sub clause (a) of clause (xviii) to section 2 (24) does

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

depreciation as per Income Tax. (Paper Book page No. 5, 9\nand 79 para 4.2) Accordingly clause (xviii) of section 2 (24) does not\napply. Kindly refer to synopsis of the submissions and arguments\n(Annexure A).\n\n(b) It was argued by the Ld. DR that since the government subsidy\nreceived in this case, is not relatable

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

depreciation as per Income Tax. (Paper Book page No. 5, 9\nand 79 para 4.2) Accordingly clause (xviii) of section 2 (24) does not\napply. Kindly refer to synopsis of the submissions and arguments\n(Annexure A).\n(b) It was argued by the Ld. DR that since the government subsidy\nreceived in this case, is not relatable

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

depreciation as per Income Tax. (Paper Book page No. 5, 9\nand 79 para 4.2) Accordingly clause (xviii) of section 2 (24) does not\napply. Kindly refer to synopsis of the submissions and arguments\n(Annexure A).\n(b) It was argued by the Ld. DR that since the government subsidy\nreceived in this case, is not relatable

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

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

depreciation on\ngoodwill as a result of amalgamation is not allowable in light of sixth\nproviso to Section 32(1) and explanation (3) thereof; read with\nexplanation (7) of Section 43(1) and explanation 2 of Section 43(6

INCOME-TAX OFFICER vs. PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,, PUNE

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

depreciation was to be compulsorily allowed for working out business income. It was pleaded that since upto assessment year 2002-03, income of assessee was exempt, there was no occasion to visit section 32 of the Act. Further, reference was made to definition of WDV under section 43(6

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

depreciation was to be compulsorily allowed for working out business income. It was pleaded that since upto assessment year 2002-03, income of assessee was exempt, there was no occasion to visit section 32 of the Act. Further, reference was made to definition of WDV under section 43(6

INCOME-TAX OFFICER vs. PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,, PUNE

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

depreciation was to be compulsorily allowed for working out business income. It was pleaded that since upto assessment year 2002-03, income of assessee was exempt, there was no occasion to visit section 32 of the Act. Further, reference was made to definition of WDV under section 43(6

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

depreciation was to be compulsorily allowed for working out business income. It was pleaded that since upto assessment year 2002-03, income of assessee was exempt, there was no occasion to visit section 32 of the Act. Further, reference was made to definition of WDV under section 43(6

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

depreciation was to be compulsorily allowed for working out business income. It was pleaded that since upto assessment year 2002-03, income of assessee was exempt, there was no occasion to visit section 32 of the Act. Further, reference was made to definition of WDV under section 43(6

PIMPRI CHINCHWAD NEW TOWN DEVELOPMENT AUTHORITY,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed and cross objections and appeals of Revenue are dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.929 To 932/Pun/2014 यििाारण वषा / Assessment Years : 2003-04 To 2005-06 & 2008-09

depreciation was to be compulsorily allowed for working out business income. It was pleaded that since upto assessment year 2002-03, income of assessee was exempt, there was no occasion to visit section 32 of the Act. Further, reference was made to definition of WDV under section 43(6

INCOME-TAX OFFICER, WARD - 6(1),, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS 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.2992/Pun/2017 िनधा"रण वष" / Assessment Year: 2014-15 Ito, Ward- 6(1), Vs. Shriniwas Engineering Pune. Auto Components Pvt. Ltd., Office- 5, Manasara Apartments, 1108/4, University Road, Near Suryamukhi Datta Man, Pune- 411016. Pan : Aajcs8944F Appellant Respondent Revenue By : Shri J. P. Chadraker Assessee By : Shri Hari Krishan Date Of Hearing : 23.03.2022 Date Of Pronouncement : 27.04.2022 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)- 4, Pune [‘Cit(A)’ For Short] Dated 03.07.2017 For The Assessment Year 2014-15. 2. The Revenue Raised The Following Revised Grounds Of Appeal :- “1. The Cit (A) Erred Both On Facts & In Law In Passing The Order. 2. The Cit (A) Erred In Holding That There Was No Provision In Package Scheme Of Incentives, 2007 To Show That The Asseessee Is Granted Subsidy Towards Meeting A Cost Of Asset & Cit(A) Has Erred

depreciation allowable under the provisions of section 32 of the Act. 5 6. Being aggrieved by the decision of the ld. CIT(A), the Revenue is in appeal before us. 7. Ground of appeal no.1 is general in nature dismissed as such. 8. Ground of appeal no.2 and 3 challenges the findings of the ld. CIT(A) that the subsidy

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

depreciation is prescribed. The other provisions of law which are relevant to decide the issue in appeal are the provisions of section 50, and 43(6

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

depreciation is prescribed. The other provisions of law which are relevant to decide the issue in appeal are the provisions of section 50, and 43(6

M/S JOHNSON MATHEY CHEMICALS INDIA PVT. LTD,THANE vs. CIT II, THANE

In the result, appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.4368/M/2011 यििाारण वषा / Assessment Year : 2007-08 M/S. Johnson Matthey Chemicals India Pvt. Ltd., Plot No.-6A, Midc Industrial Estate, Taloja, अऩीऱाथी/Appellant Dist. Raigad, Maharashtra – 410208 …. Pan : Aabcj1620M Vs. The Commissioner Of Income Tax-Ii, Thane …. प्रत्यथी / Respondent अऩीऱाथी की ओर से / Appellant By : Shri P.J. Pardiwala & Smt. Vasanti Patel प्रत्यथी की ओर से / Respondent By : Shri Rajeev Kumar, Cit घोषणा की तारीख / सुनवाई की तारीख / Date Of Hearing : 26.04.2018 Date Of Pronouncement: 24.07.2018

depreciation, particularly when the said claim has been accepted since A.Y. 2003-04. Ground 3 On the facts and in the circumstances of the case and in law, the learned CIT has erred in holding that for determining the written down value of an asset under Section 43(6

DY. COMMISSIONER OF INCOME TAX , CIRCLE-8, PUNE, PUNE vs. ADVIK HI-TECH PRIVATE LIMITED , PUNE

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

section 43(1) of the Act during the appellate proceedings. In view of above discussion, I am of the considered view that the subsidy received by the appellant on expansion of unit by investment in plant & machinery is capital in nature. Therefore, the amount of subsidy needs 6 ITA.No.1156, 1157 & 1203/PUN./2023 to be reduced from the cost