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

9(1)(vi) of the Act. Thus, it is clear that where income in the nature of royalty is payable to a resident-payee, then the payer is liable to deduct tax at source u/s 194J. Failure to deduct and pay such tax in the Government exchequer entails, inter alia, disallowance

SILVER OAK BUILDCON PVT. LTD.,PUNE vs. ACIT-6, PUNE, PUNE

In the result, the appeal filed by the assessee is allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

9) of section 270A, which is sought to be invoked in this case. AO has only mentioned that the appellant has committed default of misrepresentation and suppression of facts. However, in view of the facts stated above, I am constrained to disagree with the findings of AO in this regard. The excess 12 claim of depreciation

M/S. VARDHAN NUTRITIONS AND CHEMICALS PVT. LTD.,,RAIGAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.662/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 M/S. Vardhan Nutritions & Chemicals Pvt. Ltd., Plot No.535/2, Ershimgathi Road, Old Thana Naka Road, Thana Naka, अऩीऱाथी/Appellant Panvel, Dist. Raigad. …. Pan: Aabcv9194J Vs. The Asst. Commissioner Of Income-Tax, …. प्रत्यथी / Respondent Panvel

depreciation and in view of section 50 of the Act, the gain was held to be 7 M/s. Vardhan Nutritions & Chemicals Pvt. Ltd. deemed short term capital gain, though the assessee was holding the asset for long time and had fulfilled the conditions of long term capital gain. The learned Authorized Representative for the assessee also placed reliance

EATON TECHNOLOGIES PRIVATE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal filed by the assessee is allowed

Bench: Shri R.K. Panda & Ms. Astha Chandra

Depreciation claim 3. Deduction and deposit of TDS 4. Deduction under Chapter VIA 5. Expenses incurred for earning exempt income 6. Tax deduction, TDS deposit and TDS statement filing 7. Deduction/Exemption u/s 10A/10AA 8. Income from house property 9. Reduction in profit due to ICDS 10. International transaction(s) 11. Loss from currency fluctuations 03. The assessment was completed

BAJAJ HOUSING FINANCE LIMITED,PUNE vs. ITO, WARD-8(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed

Bench: Dr.Manish Borad

section 270A(9) of the Act under which the penalty proceedings have been initiated and for such non specification of charge against the assessee it has been consistently held that such penalty proceedings are void ab initio and deserves to be quashed. 10. I further observe that during the year under consideration, the assessee has not generated any revenue from

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, in determination of the cost of the assets for claiming depreciation. (a) The assessee has duly accounted for the subsidy from the cost of the assets, for determination of the actual cost of the assets for claiming depreciation as per Income Tax. (Paper Book page No. 5, 9

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, in determination of the cost of the assets for claiming depreciation. (a) The assessee has duly accounted for the subsidy from the cost of the assets, for determination of the actual cost of the assets for claiming depreciation as per Income Tax. (Paper Book page No. 5, 9

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, in determination of the cost of the assets for claiming depreciation. (a) The assessee has duly accounted for the subsidy from the cost of the assets, for determination of the actual cost of the assets for claiming depreciation as per Income Tax. (Paper Book page No. 5, 9

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, in determination of the cost of the assets for claiming depreciation. (a) The assessee has duly accounted for the subsidy from the cost of the assets, for determination of the actual cost of the assets for claiming depreciation as per Income Tax. (Paper Book page No. 5, 9

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, in determination of the cost of the assets for claiming depreciation. (a) The assessee has duly accounted for the subsidy from the cost of the assets, for determination of the actual cost of the assets for claiming depreciation as per Income Tax. (Paper Book page No. 5, 9

PUSPAK STEEL INDUSTRIES PRIVATE LIMITED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-10, PUNE, PUNE

In the result, the appeal filed by the assessee stands partly allowed

section 14A has retrospective effect as held by the Hon’ble Delhi High Court in the case of PCIT vs. Era Infrastructure (India) Ltd., 141 taxmann.com 289 (Delhi). It is further submitted that the ld. CIT(A) had failed to adjudicate the additional ground of appeal raised before him challenging the disallowance of depreciation on the car on the ground

ASHOK NARAYAN BHOSALE,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.1501/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Ashok Narayan Bhosale, The Deputy Commissioner Of Ashok Narayan Bhosle Bunglow At Vs Income Tax, Kaveri Nagar, Pratham Housing Cirlce-8, Pune. Society, Wakad, Pune – 411057. Pan: Aaspb 3588 Q Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri S.P.Walimbe - Dr Date Of Hearing 10/03/2022 Date Of Pronouncement 14/03/2022

depreciation in the subsequent year. In fact in this regard amendment has been made in the ITA No.1501/PUN/2017 for A.Y. 2013-14 Ashok Narayan Bhosale (A) said section by inserting proviso after the second provision to sub section (1) of Section 32 by Finance Bill 2015. This amendment has been made effective from 1st April 2016 and accordingly will apply

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

section 43 of the Act, in determination of the cost\nof the assets for claiming depreciation.\n\n(a) The assessee has duly accounted for the subsidy from the cost of\nthe assets, for determination of the actual cost of the assets for\nclaiming depreciation as per Income Tax. (Paper Book page No. 5, 9

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

depreciation, whichever is lower.‖ 8. We find that the decision rendered by AAR in the case of Rastriya Ispat Nigam Ltd. (supra) and the order of Tribunal in the case of Kirloskar Ferrous Industries Ltd. (supra) are unanimous in the manner of computation of book profits, as provided in clause (iii) to Explanation 1 of section 115JB

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

section 43 of the Act, in determination of the cost\nof the assets for claiming depreciation.\n(a) The assessee has duly accounted for the subsidy from the cost of\nthe assets, for determination of the actual cost of the assets for\nclaiming depreciation as per Income Tax. (Paper Book page No. 5, 9

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

section 43 of the Act, in determination of the cost\nof the assets for claiming depreciation.\n(a) The assessee has duly accounted for the subsidy from the cost of\nthe assets, for determination of the actual cost of the assets for\nclaiming depreciation as per Income Tax. (Paper Book page No. 5, 9

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

9. In this regard, it is relevant to note that section 50 deems capital gain in respect of depreciable asset

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

In the result, the appeal of assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

depreciation @ 25% amounting to Rs.1,38,62,500/- Sr No Description of asset Amt. (Rs.) 1 Non compete fees 1,42,00,000 2 Distribution Network rights 4,17,00,000 3 Customer list 4,17,00,000 4. The learned CIT(A)-1, Pune & the learned AO failed to appreciate that the appellant has duly discharged the consideration