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 filed by order 2016-17 Assessee 26.12.2018 143(3) 2017-18 Assessee 25.12.2018 143(3) 2018-19 Assessee 20.04.2021 143(3) r.w.s.144B 2018-19 Revenue 02.10.2019 143(1) 2019-20 Revenue 17.05.2020 143(1) 2019-20 Assessee 17.05.2020 143(1) 2020-21 Revenue 20.12.2021 143(1) 2020-21 Assessee 20.12.2021 143(1) 2. We will first espouse the appeals

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 filed by order 2016-17 Assessee 26.12.2018 143(3) 2017-18 Assessee 25.12.2018 143(3) 2018-19 Assessee 20.04.2021 143(3) r.w.s.144B 2018-19 Revenue 02.10.2019 143(1) 2019-20 Revenue 17.05.2020 143(1) 2019-20 Assessee 17.05.2020 143(1) 2020-21 Revenue 20.12.2021 143(1) 2020-21 Assessee 20.12.2021 143(1) 2. We will first espouse the appeals

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 filed by order 2016-17 Assessee 26.12.2018 143(3) 2017-18 Assessee 25.12.2018 143(3) 2018-19 Assessee 20.04.2021 143(3) r.w.s.144B 2018-19 Revenue 02.10.2019 143(1) 2019-20 Revenue 17.05.2020 143(1) 2019-20 Assessee 17.05.2020 143(1) 2020-21 Revenue 20.12.2021 143(1) 2020-21 Assessee 20.12.2021 143(1) 2. We will first espouse the appeals

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 filed by order 2016-17 Assessee 26.12.2018 143(3) 2017-18 Assessee 25.12.2018 143(3) 2018-19 Assessee 20.04.2021 143(3) r.w.s.144B 2018-19 Revenue 02.10.2019 143(1) 2019-20 Revenue 17.05.2020 143(1) 2019-20 Assessee 17.05.2020 143(1) 2020-21 Revenue 20.12.2021 143(1) 2020-21 Assessee 20.12.2021 143(1) 2. We will first espouse the appeals

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 filed by order 2016-17 Assessee 26.12.2018 143(3) 2017-18 Assessee 25.12.2018 143(3) 2018-19 Assessee 20.04.2021 143(3) r.w.s.144B 2018-19 Revenue 02.10.2019 143(1) 2019-20 Revenue 17.05.2020 143(1) 2019-20 Assessee 17.05.2020 143(1) 2020-21 Revenue 20.12.2021 143(1) 2020-21 Assessee 20.12.2021 143(1) 2. We will first espouse the appeals

NAVALMAL FIRODIA MEMORIAL HOSPITAL TRUST,PUNE vs. INCOME TAX OFFICER, EXEMPTION WARD 1(2), PUNE

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

Bench: the learned CIT(A), the same has neither been taken note of or distinguished in any manner. Not following the binding Judicial precedent of the Jurisdictional ITAT Pune is gross impropriety in law. Ground No. 2: The Appellant craves leave to add, alter, amend or withdraw all or any of the Grounds of Appeal herein and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing.”

Disallowance of Rs. 6,00,000/-. a) The learned ADDLN/JCIT (5), Delhi (CIT-A) erred in law and of facts in confirming the action of learned CPC of adding back Rs.6,00,000 to the total income of the Appellant by invoking the 2 provisions of sub clause (c) of Section 11(3) r.w.s 115BBI

YASHWANTRAO CHAVAN MAHARASHTRA OPEN UNIVERSITY,NASHIK vs. EXEMPTION CIRCLE,A BAD, AURANGABAD

disallow the\nappellant's claim when processing the return under Section 143(1) of the Act.\n7. Hence, I find no merit in the current appeal and, as a result, dismiss the\nappeal.\"\n5.\nAggrieved with such order of the Ld. Addl / JCIT(A), the assessee is in\nappeal before the Tribunal by raising the following grounds:\n1)\nThe

KOTHARI AGRITECH PVT. LTD,,SOLAPUR vs. THE DCIT, CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

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

10 ITA Nos.2392 & 2455/PUN/2024, AY 2018-19 which the deduction is claimed have been audited by an accountant, as defined in the Explanation below sub-section (2) of section 288, and the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant However

KOTHARI AGRITECH PRIVATE LIMITED,SOLAPUR vs. DCIT CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

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

10 ITA Nos.2392 & 2455/PUN/2024, AY 2018-19 which the deduction is claimed have been audited by an accountant, as defined in the Explanation below sub-section (2) of section 288, and the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant However

SHRI ISHWARLAL GULABCHAND VARDHAMANTAP AYAMBIL TRUST,PUNE vs. ITO WARD 7(1), PUNE

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

Bench: Dr.Manish Borad

disallowance has been made for not applying set apart accumulation funds during F.Y. 2016-17 within the period of five years as provided u/s.11(2) of the Act. Ld. Counsel for the assessee further submitted that issue in Hon’ble Tribunal in the case of Yashwantrao Chavan Maharashtra Open University Vs. CIT – ITA No.505/PUN/2025 order dated 23.06.2025 wherein

SHRI VASUPUJYA SWAMI MAHARAJ TEMPLE TRUST,PUNE vs. ITO (EXEMPTION) WARD 1(2), PUNE

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

Bench: Dr.Manish Borad

disallowance has been made for not applying set apart accumulation funds during F.Y. 2016-17 within the period of five years as provided u/s.11(2) of the Act. Ld. Counsel for the assessee further submitted that issue in Hon’ble Tribunal in the case of Yashwantrao Chavan Maharashtra Open University Vs. CIT – ITA No.505/PUN/2025 order dated 23.06.2025 wherein

VIRENDRA SINGH SAINI,HARYANA vs. ASST. DIRECTOR OF INCOME TAX, CPC, BANGALORE, BENGALORE

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

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.1483/Pun/2024 "नधा"रण वष" / Assessment Year : 2019-20

10. I heard the ld. Sr. DR and perused the material on record. The solitary issue in the instant case relates to the confirmation of disallowance of Rs.11,57,787/- made by the CPC, Bengaluru u/s 36(1)(va) of the Act on account of late deposit of the Employees’ share of PF and ESIC etc. I find that

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

3 stands dismissed.”\n16. In the above finding of this Tribunal, it has been clearly\nheld that the amount of subsidy is not to be deducted from the\nactual cost u/s.43(1) of the Act for the purpose of calculation\nof depreciation and the provisions of Explanation 10 to section\n43(1) have no application to the facts

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

3 stands dismissed.”\n16.\nIn the above finding of this Tribunal, it has been clearly\nheld that the amount of subsidy is not to be deducted from the\nactual cost u/s.43(1) of the Act for the purpose of calculation\nof depreciation and the provisions of Explanation 10 to section\n43(1) have no application to the facts

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

3 stands dismissed.”\n\n16.\nIn the above finding of this Tribunal, it has been clearly\nheld that the amount of subsidy is not to be deducted from the\nactual cost u/s.43(1) of the Act for the purpose of calculation\nof depreciation and the provisions of Explanation 10 to section\n43(1) have no application to the facts

VIJAY TUKARAM RAUNDAL,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), PUNE

In the result, the appeals filed by the assessee are allowed for statistical purposes

disallowance.", "held": "The Tribunal, in this quantum appeal, held that the housing project was not completed within the stipulated five-year period from the end of the financial year of approval. Consequently, the assessee was ineligible for the deduction under Section 80IB(10). Subsequently, penalty proceedings were initiated.", "result": "Partly Allowed", "sections": [ "80IB(10)", "115JC", "271(1)(c)", "133A

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 10(20) w.e.f. assessment year 2003-04. Hence, the income of the assessee became taxable. The assessee filed its return of income as a ‘local authority’ claiming no exemption u/s 10(20) for assessment year 2003-04 on 29.10.2003 declaring total loss of Rs.203,32,82,489/- and claiming refund of Rs.78,66,489/- on account of excess

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 10(20) w.e.f. assessment year 2003-04. Hence, the income of the assessee became taxable. The assessee filed its return of income as a ‘local authority’ claiming no exemption u/s 10(20) for assessment year 2003-04 on 29.10.2003 declaring total loss of Rs.203,32,82,489/- and claiming refund of Rs.78,66,489/- on account of excess