HSBC SOFTWARE DEVELOPMENT (INDIA) PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhurysl.

10B (modified to section 10A) of the Act for the above disallowance of Rs.1,35,93,675 under section 14A of the Act. The grounds

HSBC SOFTWARE DEVELOPMENT (INDIA) PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhurysl.

10B (modified to section 10A) of the Act for the above disallowance of Rs.1,35,93,675 under section 14A of the Act. The grounds

EATON TECHNOLOGIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

Bench: Shri S.S.Godara & G.D.Padmahshaliआयकरअपीलसं. / Ita No.590/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Eaton Technologies Private Limited, Dcit, Circle-1(2), Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No.902/Pun/2018 िनधा"रण वष" / Assessment Year: 2011-12 Eaton Technologies Private Limited, Pr.Cit-1, Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue

disallowance is merited under section 10AA of the Act. The basic condition for application of the said provisions of the Act are an arrangement between the parties, which is so arranged as to enable the assessee to earn super normal profits. The TPO/Assessing Officer/DRP has not pointed out any such arrangement whatsoever between the assessee and the comparable companies selected

EATON TECHNOLOGIES PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX-1,, PUNE

Bench: Shri S.S.Godara & G.D.Padmahshaliआयकरअपीलसं. / Ita No.590/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Eaton Technologies Private Limited, Dcit, Circle-1(2), Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No.902/Pun/2018 िनधा"रण वष" / Assessment Year: 2011-12 Eaton Technologies Private Limited, Pr.Cit-1, Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue

disallowance is merited under section 10AA of the Act. The basic condition for application of the said provisions of the Act are an arrangement between the parties, which is so arranged as to enable the assessee to earn super normal profits. The TPO/Assessing Officer/DRP has not pointed out any such arrangement whatsoever between the assessee and the comparable companies selected

AQUAPHARM CHEMICALS PVT.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeals of assessee in ITA Nos

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.2631 To 2633/Pun/2016 यििाारण वषा / Assessment Years : 2010-11 To 2012-13 Aquapharm Chemicals Pvt. Ltd., Khandelwal Jain & Associates, Alankar Cinema Building, 1St Floor, Above United Bank, अऩीऱाथी/Appellant Pune – 411001 …. Pan: Aaeca7014R Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 8, Pune

10B of the Act on enhanced profits i.e. after any disallowances. In this regard, he placed reliance on the decision of Mumbai Bench of Tribunal in Krupa Trading Company Vs. Addl.CIT (2017) 77 taxmann.com 177 (Mumbai-Trib.). We find merit in the alternate plea raised by assessee and allowability or its disallowance becomes academic. The deduction under section

AQUAPHARM CHEMICALS PVT.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

In the result, the appeals of assessee in ITA Nos

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.2631 To 2633/Pun/2016 यििाारण वषा / Assessment Years : 2010-11 To 2012-13 Aquapharm Chemicals Pvt. Ltd., Khandelwal Jain & Associates, Alankar Cinema Building, 1St Floor, Above United Bank, अऩीऱाथी/Appellant Pune – 411001 …. Pan: Aaeca7014R Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 8, Pune

10B of the Act on enhanced profits i.e. after any disallowances. In this regard, he placed reliance on the decision of Mumbai Bench of Tribunal in Krupa Trading Company Vs. Addl.CIT (2017) 77 taxmann.com 177 (Mumbai-Trib.). We find merit in the alternate plea raised by assessee and allowability or its disallowance becomes academic. The deduction under section

AQUAPHARM CHEMICALS PVT.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

In the result, the appeals of assessee in ITA Nos

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.2631 To 2633/Pun/2016 यििाारण वषा / Assessment Years : 2010-11 To 2012-13 Aquapharm Chemicals Pvt. Ltd., Khandelwal Jain & Associates, Alankar Cinema Building, 1St Floor, Above United Bank, अऩीऱाथी/Appellant Pune – 411001 …. Pan: Aaeca7014R Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 8, Pune

10B of the Act on enhanced profits i.e. after any disallowances. In this regard, he placed reliance on the decision of Mumbai Bench of Tribunal in Krupa Trading Company Vs. Addl.CIT (2017) 77 taxmann.com 177 (Mumbai-Trib.). We find merit in the alternate plea raised by assessee and allowability or its disallowance becomes academic. The deduction under section

AQUAPHARM CHEMICALS PVT.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

In the result, the appeals of assessee in ITA Nos

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.2631 To 2633/Pun/2016 यििाारण वषा / Assessment Years : 2010-11 To 2012-13 Aquapharm Chemicals Pvt. Ltd., Khandelwal Jain & Associates, Alankar Cinema Building, 1St Floor, Above United Bank, अऩीऱाथी/Appellant Pune – 411001 …. Pan: Aaeca7014R Vs. The Dy. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 8, Pune

10B of the Act on enhanced profits i.e. after any disallowances. In this regard, he placed reliance on the decision of Mumbai Bench of Tribunal in Krupa Trading Company Vs. Addl.CIT (2017) 77 taxmann.com 177 (Mumbai-Trib.). We find merit in the alternate plea raised by assessee and allowability or its disallowance becomes academic. The deduction under section

EATON TECHNOLOGIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

Appeal is partly allowed in above terms

Bench: Shri S. S. Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.3075/Pun/2017 ननधधारण वषा / Assessment Year : 2013-14 Eaton Technologies Pvt. Ltd. Cluster C, Wing 1, Eon Free Zone, Plot No.1, Sr. No.77, Midc Kharadi Knowledge Park, Kharadi ,Pune- 411 014. .......अपऩलधथी / Appellant Pan : Aabce4323Q बनधम / V/S. ……प्रत्यथी / Respondent Dcit, Circle-1(2), Pune Assessee By : Shri Vishal Karla Revenue By : Shri S. P. Walimbe

disallowance is merited under section 10AA of the Act. The basic condition for application of the said provisions of the Act are an arrangement between the parties, which is so arranged as to enable the assessee to earn super normal profits. The TPO/Assessing Officer/DRP has not pointed out any such arrangement whatsoever between the assessee and the comparable companies selected

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

disallowance is merited under section 10AA of the Act. The basic condition for application of the said provisions of the Act are an arrangement between the parties, which is so arranged as to enable the assessee to earn super normal profits. The TPO/Assessing Officer/DRP has not pointed out any such arrangement whatsoever between the assessee and the comparable companies selected

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

disallowance is merited under section 10AA of the Act. The basic condition for application of the said provisions of the Act are an arrangement between the parties, which is so arranged as to enable the assessee to earn super normal profits. The TPO/Assessing Officer/DRP has not pointed out any such arrangement whatsoever between the assessee and the comparable companies selected

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE, AURANGABAD, NEAR HOLY CROSS ENGLISH SCHOOL vs. THE NANDED SIKHGURUDWARA SACHKHAND HAZUR SAHIB, ABCHALNAGAR

In the result, both the appeals filed by the Revenue are dismissed

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

10B when the delay is up to 365 days for assessment year 2018-19 and onwards. He accordingly submitted that the above decision is also distinguishable and not applicable to the facts of the present case. 17. Referring to the decision of the Coordinate Bench of the Tribunal in assessee‟s own case, he submitted that the Tribunal

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTION CIRCLE, AURANGABAD, NEAR HOLY CROSS ENGLISH SCHOOL vs. THE NANDED SIKHGURUDWARA SACHKHAND HAZUR SAHIB, APCHALNAGAR

In the result, both the appeals filed by the Revenue are dismissed

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

10B when the delay is up to 365 days for assessment year 2018-19 and onwards. He accordingly submitted that the above decision is also distinguishable and not applicable to the facts of the present case. 17. Referring to the decision of the Coordinate Bench of the Tribunal in assessee‟s own case, he submitted that the Tribunal

SKYLINE DEVELOPERS,PUNE vs. THE INCOME TAX OFFICER, WARD4(50, PUNE

In the result, the appeal of the assessee is partly allowed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.709/Pun/2023 Assessment Year : 2006-07

disallowed deduction claimed by assessee on grounds that Form 56F with respect to deduction under section 10A was filed by assessee instead of Form 56G with respect to deduction under section 10B

INCOME-TAX OFFICER vs. ENTERPRISED DB SOFTWARE INDIA PVT. LTD.,, PUNE

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

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.2301/Pun/2016 यििाारण वषा / Assessment Year : 2010-11

disallowed the deduction claimed by the assessee u/s.10B of the Act on the ground that the assessee is not an 100% EOU within the meaning of clause (iv) of Explanation 2 to section 10B

INCOME TAX OFFICER (EXEMPTIONS) WARD, KOLHAPUR , KOLHAPUR vs. THE NEW MIRAJ EDUCATION SOCIETY, MIRAJ, DIST. SANGLI

In the result, the appeal of Revenue is dismissed

Bench: Shri Rama Kanta Panda, Vice- & Ms. Astha Chandra

10B was filed after the due date of filing of the same. The assessee was not provided with the opportunity of being heard before making such a disallowance which is not in line with the provisions of section

ELECTRONICA FINANCE LIMITED,PUNE vs. INCOME TAX OFFICER, PMT BUILDING, PUNE

In the result, the appeal of the assessee stands allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1111 & 1112/Pun/2025 िनधा"रण वष" / Assessment Years : 2022-23 & 2023-24 Electronica Finance Limited, Vs. Dcit, Cpc, Bengaluru. Audumber, 101/1, Dr. Ketkar Road, Pune City, Deccan, Gymkhana, S.O., Pune- 411004. Pan : Aaace4577B Appellant Respondent Assessee By : Shri Narendra Joshi (Virtual) Revenue By Shri Ramnath P. Murkunde : Date Of Hearing : 21.08.2025 Date Of Pronouncement : 26.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 28.02.2025 Passed By Ld. Addl./Jcit(A)-1, Surat [‘Ld. Cit(A)’] For The Assessment Years 2022-23 & 2023-24 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1111/Pun/2025 For Assessment Year 2022-23 As The Lead Case For Adjudication.

Section 10B (8) of the IT Act, as observed hereinabove.” 5.3 In view of the facts of the case, it is clear that the appellant had filed the Form 10DA after due date is violation of Rule 19AB of Income Tax Rules, 1962. Therefore, in application of the above decisions of the apex court and also the mandated provisions

ELECTRONICA FINANCE LIMITED,PUNE vs. INCOME TAX OFFICER, PMT BUILDING, PUNE

In the result, the appeal of the assessee stands allowed

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1111 & 1112/Pun/2025 िनधा"रण वष" / Assessment Years : 2022-23 & 2023-24 Electronica Finance Limited, Vs. Dcit, Cpc, Bengaluru. Audumber, 101/1, Dr. Ketkar Road, Pune City, Deccan, Gymkhana, S.O., Pune- 411004. Pan : Aaace4577B Appellant Respondent Assessee By : Shri Narendra Joshi (Virtual) Revenue By Shri Ramnath P. Murkunde : Date Of Hearing : 21.08.2025 Date Of Pronouncement : 26.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 28.02.2025 Passed By Ld. Addl./Jcit(A)-1, Surat [‘Ld. Cit(A)’] For The Assessment Years 2022-23 & 2023-24 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1111/Pun/2025 For Assessment Year 2022-23 As The Lead Case For Adjudication.

Section 10B (8) of the IT Act, as observed hereinabove.” 5.3 In view of the facts of the case, it is clear that the appellant had filed the Form 10DA after due date is violation of Rule 19AB of Income Tax Rules, 1962. Therefore, in application of the above decisions of the apex court and also the mandated provisions