INDIAN MEDICAL ASSOCIATION PUNE BRANCH,SHUKRAWAR PETH vs. DCIT EXEMPTION CIRCLE PUNE, SWARGATE

In the result, all the 5 appeals filed by the assessee are allowed

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

153 taxmann.com 687 (Kolkata – Trib.), he submitted that the Tribunal in the said decision has held that where assesse trust filed return after time allowed under section 139(4A) but before last day of filing of belated return under section 139(5), same should be treated as due compliance with clause (ba) in sub-section (1) of section

INDIAN MEDICAL ASSOCIATION PUNE BRANCH,SHUKRAWAR PETH vs. DCIT EXEMPTION CIRCLE, PUNE, SWARGATE

In the result, all the 5 appeals filed by the assessee are allowed

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

153 taxmann.com 687 (Kolkata – Trib.), he submitted that the Tribunal in the said decision has held that where assesse trust filed return after time allowed under section 139(4A) but before last day of filing of belated return under section 139(5), same should be treated as due compliance with clause (ba) in sub-section (1) of section

INDIAN MEDICAL ASSOCIATION PUNE BRANCH,SHUKRAWAR PETH vs. DCIT EXEMPTION CIRCLE, PUNE, SWARGATE

In the result, all the 5 appeals filed by the assessee are allowed

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

153 taxmann.com 687 (Kolkata – Trib.), he submitted that the Tribunal in the said decision has held that where assesse trust filed return after time allowed under section 139(4A) but before last day of filing of belated return under section 139(5), same should be treated as due compliance with clause (ba) in sub-section (1) of section

INDIAN MEDICAL ASSOCIATION PUNE BRANCH,SHUKRAWAR PETH vs. DCIT EXEMPTION CIRCLE, PUNE, SWARGATE

In the result, all the 5 appeals filed by the assessee are allowed

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

153 taxmann.com 687 (Kolkata – Trib.), he submitted that the Tribunal in the said decision has held that where assesse trust filed return after time allowed under section 139(4A) but before last day of filing of belated return under section 139(5), same should be treated as due compliance with clause (ba) in sub-section (1) of section

INDIAN MEDICAL ASSOCIATION PUNE BRANCH,SHUKRAWAR PETH vs. DCIT EXEMPTION CIRCLE, PUNE, SWARGATE

In the result, all the 5 appeals filed by the assessee are allowed

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

153 taxmann.com 687 (Kolkata – Trib.), he submitted that the Tribunal in the said decision has held that where assesse trust filed return after time allowed under section 139(4A) but before last day of filing of belated return under section 139(5), same should be treated as due compliance with clause (ba) in sub-section (1) of section

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

153/- which is the share of profit in firm, dividend and interest on PPF. However, the assessee has not disallowed any amount towards expenditure in relation to income which does not form part of total income. According to the Assessing Officer as per provisions of section 14A of the Act, the expenditure in relation to income, which does not form

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

In the result, the appeal filed by the Revenue stands dismissed

5 Disallowance of sales and promotion expenditure of Rs.2,90,94,637/-. (j) Disallowance of Corporate Guarantee Commission of Rs.1,20,29,793/-. (k) Disallowance of deduction u/s 10AA of Rs.47,46,67,962/-. 4. Being aggrieved by the above disallowances, an appeal was filed before the ld. CIT(A), who vide impugned order held that : (i) No disallowance

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

disallowance u/s. 14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward

VATSALABAI KARBHARI DEORE,KALWAN vs. INCOME TAX OFFICER, WARD 1(5), NASHIK

In the result, the appeal filed by the assessee is allowed as per terms indicated above

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2274/Pun/2025 Assessment Year : 2011-12

5. After the Amending Act, 1989, s. 147 reads as under: 147. Income escaping assessment If the AO has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which

CUMMINS INDIA LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपील सं. / Ita Nos.338/Pun/2021 & 236/Pun/2022 "नधा"रण वष" / Assessment Years : 2016-17 & 2017-18

153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction is received’. On an overview of the above sub-sections of section 144C, it is vivid that - the opportunity of hearing to the assessee is required to be given

CUMMINS INDIA LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal is allowed for statistical purposes

Bench: Shri R.S. Syal & Shri S.S.Viswanethra Raviआयकर अपील सं. / Ita Nos.338/Pun/2021 & 236/Pun/2022 "नधा"रण वष" / Assessment Years : 2016-17 & 2017-18

153 or section 153B, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction is received’. On an overview of the above sub-sections of section 144C, it is vivid that - the opportunity of hearing to the assessee is required to be given

LIQUIDHUB ANALYTICS PVT. LTD. (NOW MERGED WITH CAPGEMINI TECHNOLOGY SERVICES INDIA LTD),PUNE vs. NFAC, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

5. So far as the TP adjustment and the disallowance of health and education cess are concerned, the DRP upheld the action of the AO / TPO. 6. Aggrieved with such order of the AO / TPO / DRP, the assessee is in appeal before the Tribunal by raising the following grounds: That on the facts and circumstances of the case

KIRLOSKAR PNEUMATIC CO.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.983/Pun/2018 िनधा"रणवष" / Assessment Year : 2015-16 Kirloskar Pneumatic Co. Ltd., The Dcit, Circle-14, Hadapsar Industrial Estate, Vs Pune. Pune Solapur Road, Hadapsar, Pune – 411013. Pan:Aaack 2479 C Appellant/ Assessee Respondent / Revenue Assessee By Shri C.H.Naniwadeker – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 13/07/2022 Date Of Pronouncement 12/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Appellant Assessee Namely Kirloskar Pneumatic Co. Ltd. Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-7, Pune Dated 09.04.2018 Emanating From The Order Of Deputy Commissioner Of Income Tax, Circle-14, Pune Under Section 143(3) Of The Act, 1961. The Grounds Of Appeal Are As Under: “1. The Learned Cit(A) Erred On Facts & In Law In Upholding Disallowance Of Rs.57,44,010/- U/S 14A R.W.R. 8D Without Appreciating The Facts & Submissions Made In This Behalf. He Also Failed To Appreciate That Before Invoking Rule 8D, The A.O. Has Not Recorded His Satisfaction As Required By Law. 2. The Learned Cit(A) Erred On Facts & In Law In Upholding 50% Ad-Hoc Disallowance Of Gift & Present Of Rs.16,06,635/- U/S

section 14A of the Act ITA No.983/PUN/2018 for A.Y. 2015-16 Kirloskar Pneumatic Co. Ltd., [A] without recording any satisfaction regarding correctness incorrectness of the suo-moto disallowance of the assessee. Accordingly, the Assessing Officer is directed to delete the said addition. Thus, the Ground No.1 of the assessee is allowed. Ground No.2 –Gift and Present Rs.16,06,635/-: 5

DCIT, CIRCLE 8 PUNE, PUNE vs. ALFA LAVAL INDIA PVT LTD, PUNE

In the result, the appeal filed by the Revenue is dismissed

section 40(a)(ia). He\nfurther submitted that from the books of account of the asssessee it was established\nthat these were actual expenses incurred during AY 2017-18 and not the\n\"provisions for expenses” on which TDS was not deducted. He submitted that the\nassessee failed to furnish any documentary evidence that TDS was deducted during\nthe assessment

KRUSHI SADHNA VIVIDH KARYAKARI SAHAKARI VIKAS SEVA SANSTHA MARYADIT,KURUNDWAD SHIROL ,KOLHAPUR vs. INCOME TAX OFFICER, ICHALKARANJI

In the result the ground number 1 raised by the Assessee is allowed

Bench: DR.DIPAK P. RIPOTE (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

disallowed the claim of assessee u/sec.80P of the Act and directed the AO to tax the net profit declared by assessee in the Profit and Loss Account of Rs.10,93,629/-. This act of ld.CIT(A) is nothing but enhancement. No notice has been issued by the ld.CIT(A) before making the enhancement, therefore, the order of ld.CIT

RAJDEEP BUILDCON PVT LTD, AHMEDNAGAR,AHMEDNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), PUNE, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

5. The assessee has also raised the following additional grounds of appeal :- “1. Whether on facts and in law, disallowance u/s 14A of the Income Tax Act can be made on expenditure incurred for earning exempt income where the interest free funds were sufficient and available to make investment earning exempt income? 2. Whether on facts and in law, disallowance