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)

set). Pursuant thereto, the assessee reduced in its books of account for the year ended 31 March 2013 an amount of INR 300 crores being the debit balance in the profit and loss account partly equity share capital.  As the scheme did not specify the manner in which the brought forward business loss (“BFL”) and unabsorbed depreciation

DCIT, PUNE vs. L B KUNJIR, PUNE

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

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

losses and depreciation of each windmill which has already been set off against other business income of the assessee, cannot

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, PUNE vs. LB KUNJIR, PUNE

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

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

losses and depreciation of each windmill which has already been set off against other business income of the assessee, cannot

DCIT CIRCLE 7, BODHI TOWER SALISBURY PARK vs. L B KUNJIR, PUNE

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

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

losses and depreciation of each windmill which has already been set off against other business income of the assessee, cannot

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

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

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

losses and depreciation of each windmill which has already been set off against other business income of the assessee, cannot

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

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

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

losses and depreciation of each windmill which has already been set off against other business income of the assessee, cannot

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

depreciation and losses have already been set off, those loss and depreciation do not go to reduce the gross total

ADVIK HI TECH PVT LTD,CHAKAN PUNE vs. DY.COMM. OF INCOME TAX, CIRCLE 8, PUNE, AKURDI, PUNE

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

depreciation and losses have already been set off, those loss and depreciation do not go to reduce the gross total

ADVIK HI TECH PVT LTD,PUNE vs. DY.COMM.OF INCOME TAX, CIRCLE 8, PUNE, AKURDI PUNE

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

depreciation and losses have already been set off, those loss and depreciation do not go to reduce the gross total

LAXMINARAYAN RAMSWARUP MANIYAR,JALGAON vs. CIRCLE-1, JALGAON, JALGAON

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1203/Pun/2025 िनधा"रण वष" / Assessment Year : 2021-22 Laxminarayan Ramswarup Vs. Acit, Circle-1, Jalgaon. Maniyar, Sitaram Ramswarup, 105, Polan Peth, Dana Bazar, Jalgaon- 425001. Pan : Aaqpm9220L Appellant Respondent Assessee By : Shri Vinay V. Kawdia Revenue By : Shri Harshit Bari Date Of Hearing : 21.08.2025 Date Of Pronouncement : 12.11.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2021-22. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1) In The Absence Of Conditions Precedent For Invoking Provisions Of S. 143(1)(A)(Iii) Of The Act, The Learned Cit(A), Nfac Has Erred In Confirming The Adjustment Of Rs. 8,03,196/- Made By Cpc U/S 143(1)(A)(Iii) Of The Act By Denying The Set Off Of Brought Forward Unabsorbed Depreciation Of Earlier Years Against Current Years Income.

set off of brought forward unabsorbed depreciation loss of earlier years against current years income from House property (Rs.82,085/-) and income

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)

loss (which comprises of unabsorbed depreciation) can be carried forward and set off against the profit and gains of any business

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7 PUNE, PUNE vs. L B KUNJIR, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1255/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 The Deputy Commissioner L B Kunjir, Of Income Tax, V S.No.52/1 Swanand Circle-7, Pune. S Building, Shree Ram Hsg Society, Kharadi, Chandanagar, Pune – 411037. Pan: Aabfl9816E Appellant / Revenue Respondent / Assessee Assessee By Shri Nikhil Pathak – Ar Revenue By Shri R.Y.Balawade – Addl.Cit Date Of Hearing 12/03/2024 Date Of Pronouncement 26/03/2024 आदेश/ Order

losses and depreciation of eligible business even when the same had been set off against income from non-eligible business

ASSISTANT COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. VISTEON ENGG. CENTRE (I) PVT. LTD.,, PUNE

In the result, appeal filed by the Revenue is dismissed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.625/Pun/2016 Assessment Year : 2011-12

setting off unabsorbed depreciation and brought forward losses.” 4. At the outset, ld. Counsel for the assessee submitted that the finding

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 allowance in amalgamation or demerger etc.,” defines the term `accumulated loss’ under sub-section (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

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 allowance in amalgamation or demerger etc.,” defines the term `accumulated loss’ under sub-section (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

JAYNT VASUDEO ARADHYE,SOLAPUR vs. DCIT, CIRCLE-1, SOLAPUR, SOLAPUR

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.683/Pun/2024 िनधा"रण वष" / Assessment Year: 2022-23 Jaynt Vasudeo Aradhye, Vs. Dcit, Circle-1, Solapur. Villa No.25, Indradhanu, Laxmi Peth, Vishnu Mill Compound, Solapur- 413001. Pan : Aappa8903M Appellant Respondent Assessee By : Shri Deepak Chintaman Gadgil Revenue By Shri Ramnath P. Murkunde : Date Of Hearing 06.08.2024 : Date Of Pronouncement : 21.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By Ld. Addl./Jcit(A)-1, Coimbatore For The Assessment Year 2022-23 2. The Appellant Has Raised The Following Grounds Of Appeal :- “I. The Cpc Was Not Correct Both Factually & Legally In Not Considering The Claim Of Brought Forwarded Short Term Capital Loss Of Rs 27,78,028/-. 11. Section 143(1) As It Stands On The Statute Books As On Today, Does Not Permit Either Cpc Or The Ao To Make Such Adjustments As They Are Beyond The Scope Of The Said Section.

set off of any loss, - (a) carried forward or depreciation from any earlier assessment year, if such loss or depreciation

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

depreciable assets. Question will also arise about section 71(3) of the Act which 7 Pradeep Kisanlal Boob provided that if the net result of the computation under the head capital gain is a loss and the assessee has income assessable under any other head of income, the assessee shall not be entitled to have such loss set

MADHUKAR SAHAKARI SK.LTD.,,FAIZPUR vs. DEPUTY COMMISSIONER OF INCOME TAX,, JALGAON

In the result, the appeal of assessee is dismissed

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

Set off of depreciation carry forward loss for A.Y. 56,23,867 1990-91 given vide order u/s. 154 dated