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 139(1) of the Act, only depreciation loss of Rs. 12,69,0741- is allowable to be carried forward to the subsequent assessment year. Accordingly, the assessed business loss of Rs. 60,54

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

1\nalongwith its sub-grounds no. 1.1 to 1.4 raised by the assessee are\naccordingly allowed.\n14. In ground No. 2.1, the assessee's grievance is that the Ld. AO while\npassing the assessment order has not granted the allowance of brought\nforward business losses and unabsorbed depreciation of Rs.4,74,83,007\npertaining to earlier years, to the assessee

CAPGEMINI TECHNOLOGY SERVICES INDIA LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

depreciation of the amalgamating company in relation to the income under the head “Profit and gains of business or profession”. It is not a panacea for all the tax related issues of amalgamation, so as to have application insofar as the other tax entitlements, privileges or benefits in the hands of the amalgamating company, are concerned. 14. Section 74 deals

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -11,, PUNE vs. CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED , (FORMERLY IGATE GLOBAL SOLUTIONS LTD.),, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

depreciation of the amalgamating company in relation to the income under the head “Profit and gains of business or profession”. It is not a panacea for all the tax related issues of amalgamation, so as to have application insofar as the other tax entitlements, privileges or benefits in the hands of the amalgamating company, are concerned. 14. Section 74 deals

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

Appeal is allowed in above terms

Section 32(1)(iia) of the Act. Ld. Authorized Representative submitted that ITAT, Delhi Bench in case of N.T.P.C. vs. DCIT [2012] 54 SOT 177 (URO) (Delhi) (Trib.), considered this decision while dealing with the activity of generation of electricity with respect of additional depreciation

DEPUTY COMMSSIONER OF INCOME-TAX,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD.,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita. No.342/Pun/2014 िनधा"रण वष" / Assessment Year : 2009-10

depreciation of earlier years against the business income, short term capital gain and income from other sources in computing total income in accordance with the provisions of Chapter VI. Ground No.2 of the Revenue’s appeal is against the direction of the ld. CIT(A) in holding that if the unit of the assessee is independent then its loss could

NIHILENT TECHNOLOGIES P.LTD.,PUNE vs. ITO, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

1 A.O. erred in computing the book profit for the purpose of section 115JB at Rs.8,40,79,191/- as against the book profit shown at Rs.1,00,54,626/- declared by the assessee company. 1.1] The learned DRP/A.O. erred in holding that the amount of brought forward loss or unabsorbed depreciation

MERCEDES - BENZ INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अऩीऱ सं./ Ita No. 1865/Pun/2013 यनधाारण वषा / Assessment Year : 1999-2000 Mercedes Benz India Private Limited. ( Formerly Known As Daimler Chrysler India Private Limited) E-3, Midc Chakan, Phase-Iii, Chakan Industrial Area, Kuruli & Nighoje, Tal : Khed, Pune-410 501. Pan : Aabcm 1789L .......अऩीऱाथी / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-9, Pune. ……प्रत्यथी / Respondent

54,28,000 TDS 8,50,13,600 8,43,36,800 16,93,50,400 Less : TDS refund (1,05,28,000) -- (1,05,28,000) R&D Cess 2,36,14,680 2,53,66,840 4,89,81,520 Total 47,05,28,280 53,27,03,640 1,00,32,31,920 11 A.Y.1999-2000 The total

ASSOCIATION OF CONSULTING CIVIL ENGINEERS,,SOLAPUR vs. COMMISSIONER OF INCOME-TAX, (EXEMPTION),, PUNE

In the result, this appeal of the appellant is allowed for statistical purpose

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No.466/Pun/2019 िनधा"रण वष" / Assessment Year : N.A. Association Of Consulting Civil The Commissioner Of Income Engineers, Vs Tax, Exemption, Pune. Sthapathya Bhavan, Damani Complex, Datta Chowk, Solapur – 413 007. Pan: Aacaa 6603 L Appellant/ Assessee Respondent /Revenue

Depreciation - By Meeting sponsorship a/c 176,000.00 By booklet spons A/c 50,500.00 To Surplus Carried over to Balance Sheet By Advt. & Meeting spon 465,590.00 1,128,391.00 A/c 2,604,338.00 By stall rent 3,449,863.00 3,449,863.00 Thus, it is observed: F.Y Total Income Amount Spend on Surplus % Objects

DAIMLER CHRYSLER INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the cross objection of the assessee is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

54,28,000 TDS 8,50,13,600 8,43,36,800 16,93,50,400 Less : TDS refund (1,05,28,000) -- (1,05,28,000) R&D Cess 2,36,14,680 2,53,66,840 4,89,81,520 Total 47,05,28,280 53,27,03,640 1,00,32,31,920 The total amount

DEPUTY COMMISSIONER OF INCOME-TAX vs. DAIMLER CHRYSLER INDIA PVT. LTD.,, PUNE

In the result, the cross objection of the assessee is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

54,28,000 TDS 8,50,13,600 8,43,36,800 16,93,50,400 Less : TDS refund (1,05,28,000) -- (1,05,28,000) R&D Cess 2,36,14,680 2,53,66,840 4,89,81,520 Total 47,05,28,280 53,27,03,640 1,00,32,31,920 The total amount

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

depreciable asset as short term capital gain. The ambit of section 50 is limited to the treatment of gain arising from the transfer of asset in the circumstances given in sub-sections (1) and (2) as short term capital gain. Once the computation is done u/s.50, the matter of computation of capital gain till that stage ends. However, any further

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.

1-4-2002: Explanation 5.—For the removal of doubts, it is hereby declared that the provisions of this sub-section shall apply whether or not the assessee has claimed the deduction in respect of depreciation in computing his total income;” 11. In the instant case, the assessee by not claiming the depreciation in profit and loss account but crediting

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 for set off in the subsequent years. In view of the decision of Hon’ble Supreme Court as referred by the CIT(A) in para 5.4 of the impugned order, we do not find any infirmity in the reasons recorded by the CIT(A) and we agree with the same. Thus, the order of CIT(A) is justified

GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. COMMISSIONER OF INCOME-TAX (APPEALS) -1,,

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

54,029 entries) (Refer Table 1) ii. Total Undisclosed Expenditure (after setting off contra entries of MD 4,11,00,081 and duplicate entries) (Refer Table 1) iii. Less: Expenses on land (Refer 2,79,46,095 Annexure-1) iv. Business expenses available for iv =(ii – iii) 1,31,53,986 deduction v. Excess cash available

GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. ASST. CIT, CIRCLE 1(2), PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

54,029 entries) (Refer Table 1) ii. Total Undisclosed Expenditure (after setting off contra entries of MD 4,11,00,081 and duplicate entries) (Refer Table 1) iii. Less: Expenses on land (Refer 2,79,46,095 Annexure-1) iv. Business expenses available for iv =(ii – iii) 1,31,53,986 deduction v. Excess cash available

DY. CIT, CIRCLE 1(2), PUNE vs. GERA DEVELOPMENT PVT. LTD.,, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

54,029 entries) (Refer Table 1) ii. Total Undisclosed Expenditure (after setting off contra entries of MD 4,11,00,081 and duplicate entries) (Refer Table 1) iii. Less: Expenses on land (Refer 2,79,46,095 Annexure-1) iv. Business expenses available for iv =(ii – iii) 1,31,53,986 deduction v. Excess cash available

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD., (NOW MERGED WITH KPIT CUMMINS INFOSYSTEMS LTD),PUNE vs. ACIT, CIRCLE 11(1), PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

54 months and therefore, the charge to the Profit and Loss Account during the instant assessment year was ₹ 229.71 lakhs. The Assessing Officer asked the assessee to prove how the said expenditure was intangible asset and how it attracted section 32(1)(ii) of the Act as it was neither know-how, patent, copyright, trademark, license, franchise nor any other