M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

94,21,866 Wind 2 Maloshi (MS) 2.50 MW 2010-11 2013-14 2,20,83,372 Wind 3 Tejuva I (RJ) 6.30 MW 2010-11 2014-15 2,88,29,842 Wind 4 Tejuva II (RJ) 2.10 MW 2010-11 2014-15 96,53,452 Wind 5 Mahuriya (MP) 15MW 2011-12 2014-15 9,00,33,567 Wind

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

7) to mean: `so much of the loss of …. the amalgamating company … under the head "Profits and gains of business or profession" (not being a loss sustained in a speculation business) which such …. amalgamating company….would have been entitled to carry forward and set off under the provisions of section 72 if the … amalgamation … had not taken place

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

7) to mean: `so much of the loss of …. the amalgamating company … under the head "Profits and gains of business or profession" (not being a loss sustained in a speculation business) which such …. amalgamating company….would have been entitled to carry forward and set off under the provisions of section 72 if the … amalgamation … had not taken place

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED, (EARLIER KNOWN AS IGATE GLOBAL SOLUTIONS LTD),,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal of Revenue is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

7 ITA Nos.2395 & 2624/PUN/2017, A.Y. 2011-12 overall plan of proceeding with is formalized. In the Designing stage, blueprint of the work to be done is drawn. In the Development stage, which is also called coding stage, the actual work is started for translating the plan into action. It is one of the most important stages of software development

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE vs. IGATE GLOBAL SOLUTIONS LTD,, PUNE

In the result, the appeal of Revenue is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

7 ITA Nos.2395 & 2624/PUN/2017, A.Y. 2011-12 overall plan of proceeding with is formalized. In the Designing stage, blueprint of the work to be done is drawn. In the Development stage, which is also called coding stage, the actual work is started for translating the plan into action. It is one of the most important stages of software development

DCIT,CIRCLE-8 , PUNE vs. MAHALE ANAND THERMAL SYSTEMS PVT. LTD. , PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

94,971/- was recovered from the customers and balance of product development expenditure of Rs. 1,42,39,571/- was claimed as revenue expenditure. However, the Assessing Officer had treated the same as capital expenditure and allowed the depreciation thereon. The explanation given before the Assessing Officer is that the expenditure was incurred to improve the existing products. The true

MAHLE ANAND THERMAL SYSTEMS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

94,971/- was recovered from the customers and balance of product development expenditure of Rs. 1,42,39,571/- was claimed as revenue expenditure. However, the Assessing Officer had treated the same as capital expenditure and allowed the depreciation thereon. The explanation given before the Assessing Officer is that the expenditure was incurred to improve the existing products. The true

DCIT CIRCLE 8 , PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

94,971/- was recovered from the customers and balance of product development expenditure of Rs. 1,42,39,571/- was claimed as revenue expenditure. However, the Assessing Officer had treated the same as capital expenditure and allowed the depreciation thereon. The explanation given before the Assessing Officer is that the expenditure was incurred to improve the existing products. The true

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]

94 pages. The paper book contained copy of Income Tax Return filed by the assessee, Audit Report, Balance Sheet, Profit and Loss Account, copy of Master Policy of LIC, copy of submission made by the assessee before the AO and ld.CIT(A). 5.1 The ld.Authorised Representative(ld.AR) submitted that assessee has fulfilled all the conditions of eligibility to claim 7

KUMAR URBAN DEVELOPMENT PVT. LTD (SUCCESSOR KUMAR HOUSING CORPORATION PVT LTD),PUNE vs. DCIT CIRCLE 14, PUNE

94,82,438\n3,24,31,438\nG\nKUL aura\n8,06,41,870\n7,66,07,270\nH\nKumar Puram\n3,09,53,228\n1,52,13,248\n1\nOther advances\n2,39,52,862\nTOTAL\n40,99,28,990\n40,99,28,990\n6.6.6\nFrom the tabulation provided in the preceding paragraph, the relief\nis restricted

ASSISTANT COMMISSIONER OF INCOME TAX, AAYKAR BHAWAN, KOLHAPUR vs. KOLHAPUR ZILLA SAHAKARI DUDH UTPADAK SANGH LIMITED, KOLHAPUR

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.300/Pun/2024 Assessment Year : 2018-19 Acit, Kolhapur Vs. Kolhapur Zilla Sahakari Dudh Utpadak Sangh Limited, B-1, Midc, Gokul Shirgaon, Kolhapur – 416234 Maharashtra Pan : Aaaak0230D Appellant Respondent

94,610/- deserves to be allowed in light of the judicial precedents and the decision taken in assessee’s own case by this Tribunal in the immediately preceding assessment year. Thus, we fail to find any merit in the Ground No.1 raised by the Revenue and the same is hereby dismissed. 7. Ground No.2 raised by the Revenue reads

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

NITIN DWARKADAS NYATI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

94,843/- also includes depreciation of Rs.23,25,150/-, GST on professional services availed of Rs.4,08,175/- and profession tax of Rs.2,500/-. Further, the exempt income which has been earned is on account of investment in the partnership firms / LLPs / AOPs and the investment in shares with Indian companies. The assessee has received an amount of Rs.4