M/S. FIAT INDIA AUTOMOBILES PRIVATE LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

depreciation on proportionate basis by ignoring the provisions of sub-section (2) to section 72 of the Income-tax Act, 1961? 3) The appellant

HOTEL AYODHYA,KOLHAPUR vs. INCOME TAX OFFICER, KOLHAPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI MANISH BORAD (Accountant Member), SHRI S. S. VISWANETHRA RAVI (Judicial Member)

72 and sub-section (3) of section 73, the allowance or the part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation

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. 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

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. 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

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. 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

PRADEEP KISANLAL BOOB,NASHIK vs. ACIT, CIRCLE 1, NASHIK, NASHIK

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.189/Pun/2024 Assessment Year : 2019-20

section 72 of the Act. There is no column provided in the income-tax return where the short term capital gain from sale of depreciable

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

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 of Rs.4,74,83,007\npertaining to earlier years, to the assessee as per the provisions of Section\n72 & 32(2) of the Act respectively. The fact on record reveals that the\nassessee had disclosed the brought forward loss and unabsorbed\ndepreciation in the ITR for the year 2016-17 (Page 73 to 118 of the Paper\nBook refers

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

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

72 , while interpreting the provisions of section 35B of the Act, the deductions in respect of the execution of any contract for the supply outside India of such goods, services or facilities, held that the Tribunal's reading of the Section that the export should be ex-India is not supported by the language of the provision or any authority

BLUE STAR BUILDING MATERIAL PVT. LTD.,URAN PANVEL vs. ACIT CIRCLE PANVEL, PANVEL

In the result, appeal of the assessee is allowed for statistical purpose

Bench: MS.ASTHA CHANDRA, JUDICIAL MEMBER, AND DR.DIPAK P. RIPOTE (Accountant Member)

depreciation. Ld.AR read out the relevant paragraphs of the assessment order. Ld.AR also read out section 80 and section 72

SAHYADRI KARAD HOSPITALS PRIVATE LIMITED,PUNE vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE, PUNE

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

72 and Rs.25,29,56,125/- as unabsorbed depreciation carried forward U/s 32(2) be allowed cannot be accepted because as per intimation U/s 143(1) for AY 2018-19 it is clear that in AY 2018-19 losses to the tune of only Rs.316465973/- were allowed to the appellant to be carried forward to future set off. Further, such

SAHYADRI KARAD HOSPITALS PRIVATE LIMITED ,PUNE vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE 5, PUNE , PUNE

Bench: Shri Rama Kanta Panda & Shri Satbeer Singh Godara

72 and Rs.25,29,56,125/- as unabsorbed depreciation carried forward U/s 32(2) be allowed cannot be accepted because as per intimation U/s 143(1) for AY 2018-19 it is clear that in AY 2018-19 losses to the tune of only Rs.316465973/- were allowed to the appellant to be carried forward to future set off. Further, such

NIRAMAYA MEDICAL FOUNDAION AND RESEARCH CENTRE PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 2(4),, PUNE

Appeal is allowed in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.793/Pun/2018 िनधा"रणवष" / Assessment Year : 2012-13 Niramaya Medical Foundation The Ito, Ward-2(4), Pune. & Research Centre Pvt. Ltd., Vs Gat No.105, Plot No.245-249, . Jalochi Taluka, Baramati, Pune – 413102. Pan: Aabcn 3300 N Appellant/ Assessee Respondent /Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 12/08/2022 Date Of Pronouncement 29/08/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2012-13 Is Directed Against The Commissioner Of Income Tax(Appeals)-2, Pune’S Order Dated 10.01.2017 Passed In Appeal No.Pn/Cit(A)- 2/Ito Wd-2(4)/Pn/534/2015-16, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

section 72 of the IT Act, 1961 from book profit u/s 115JB in ,place of the business loss I depreciation

ITO, WARD-1(1), SOLAPUR, SOLAPUR vs. MS. KSHIRSAGAR FABRICS, SOLAPUR

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

depreciation was not admissible, being based on change of opinion, was not valid. 12. Referring to the decision of the Hon’ble Bombay High Court in the case of Bennett Coleman & Co. Ltd. vs. DCIT (2022) 145 taxmann.com 228 (Bom), he submitted that the Hon’ble High Court in the said decision has held that when initially Assessing Officer