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95 results for “disallowance”+ Section 199(1)clear

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Key Topics

Section 143(3)65Addition to Income52Section 139(1)40Section 80I39Disallowance37Section 15435Section 14A27Section 143(1)25Deduction21Section 80

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 907/PUN/2015[2008-09]Status: DisposedITAT Pune23 Jan 2019AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

For Appellant: Shri Nikhil PathakFor Respondent: S/Shri Ajay Modi, Pankaj Garg and Sudhendu Das
Section 195Section 201Section 201(1)Section 9(1)(vi)

199 (Bangalore – Trib.) and in the case of Secondment of skilled personnel for rendering services, amount received was taxable in the hands of overseas company and he stated that in such scenario, the assessee was liable to deduct tax at source. When the hearing was commenced on the next day, the learned Departmental Representative for the Revenue stressed that

Showing 1–20 of 95 · Page 1 of 5

20
Section 12A20
Transfer Pricing18

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 908/PUN/2015[2008-09]Status: DisposedITAT Pune23 Jan 2019AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

For Appellant: Shri Nikhil PathakFor Respondent: S/Shri Ajay Modi, Pankaj Garg and Sudhendu Das
Section 195Section 201Section 201(1)Section 9(1)(vi)

199 (Bangalore – Trib.) and in the case of Secondment of skilled personnel for rendering services, amount received was taxable in the hands of overseas company and he stated that in such scenario, the assessee was liable to deduct tax at source. When the hearing was commenced on the next day, the learned Departmental Representative for the Revenue stressed that

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 906/PUN/2015[2008-09]Status: DisposedITAT Pune23 Jan 2019AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

For Appellant: Shri Nikhil PathakFor Respondent: S/Shri Ajay Modi, Pankaj Garg and Sudhendu Das
Section 195Section 201Section 201(1)Section 9(1)(vi)

199 (Bangalore – Trib.) and in the case of Secondment of skilled personnel for rendering services, amount received was taxable in the hands of overseas company and he stated that in such scenario, the assessee was liable to deduct tax at source. When the hearing was commenced on the next day, the learned Departmental Representative for the Revenue stressed that

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 905/PUN/2015[2007-08]Status: DisposedITAT Pune23 Jan 2019AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

For Appellant: Shri Nikhil PathakFor Respondent: S/Shri Ajay Modi, Pankaj Garg and Sudhendu Das
Section 195Section 201Section 201(1)Section 9(1)(vi)

199 (Bangalore – Trib.) and in the case of Secondment of skilled personnel for rendering services, amount received was taxable in the hands of overseas company and he stated that in such scenario, the assessee was liable to deduct tax at source. When the hearing was commenced on the next day, the learned Departmental Representative for the Revenue stressed that

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

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

ITA 2455/PUN/2024[2018-2019]Status: DisposedITAT Pune09 Sept 2025AY 2018-2019

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

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Ramnath P Murkunde
Section 143Section 143(1)Section 143(1)(a)Section 143(3)Section 14ASection 154Section 80Section 801ASection 80ISection 80J

199; 64. 2A recent Hon'ble Supreme court judgment in the case of PCIT vs Wipro, 446 ITR 1 (SC) has clarified guidelines with respect to claim admissibility in revised return. Extracts of the judgment is presented as below for ready reference “Also In such a situation, filing a revised return under section 139(5) of the IT Act claiming

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

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

ITA 2392/PUN/2024[2018-19]Status: DisposedITAT Pune09 Sept 2025AY 2018-19

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

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Ramnath P Murkunde
Section 143Section 143(1)Section 143(1)(a)Section 143(3)Section 14ASection 154Section 80Section 801ASection 80ISection 80J

199; 64. 2A recent Hon'ble Supreme court judgment in the case of PCIT vs Wipro, 446 ITR 1 (SC) has clarified guidelines with respect to claim admissibility in revised return. Extracts of the judgment is presented as below for ready reference “Also In such a situation, filing a revised return under section 139(5) of the IT Act claiming

ASHOKA BUILDCON LIMITED,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE

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

ITA 234/PUN/2022[2018-19]Status: DisposedITAT Pune29 Nov 2022AY 2018-19

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

GURU ENTERPRISES,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, BENGALURU

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

ITA 186/PUN/2022[2019-20]Status: DisposedITAT Pune29 Nov 2022AY 2019-20

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

EXPERT GLOBAL SOLUTIONS P. LTD.,,AURANGABAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC,, BANGALORE

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

ITA 200/PUN/2022[2018-19]Status: DisposedITAT Pune29 Nov 2022AY 2018-19

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

NETSCOUT SYSTEMS INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, PUNE

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

ITA 189/PUN/2022[2017-18]Status: DisposedITAT Pune29 Nov 2022AY 2017-18

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

EXPERT GLOBAL SOLUTIONS P. LTD.,,AURANGABAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC,, BANGALORE

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

ITA 199/PUN/2022[2017-18]Status: DisposedITAT Pune29 Nov 2022AY 2017-18

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

B S ENTERPRISES,NASHIK vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, BENGALURU

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

ITA 109/PUN/2022[2018-19]Status: DisposedITAT Pune29 Nov 2022AY 2018-19

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

BALIRAJA SAKHAR KARKHANA LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, BENGALURU

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

ITA 219/PUN/2022[2018-19]Status: DisposedITAT Pune29 Nov 2022AY 2018-19

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

ASHOKA BUILDCON LIMITED,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE

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

ITA 235/PUN/2022[2019-20]Status: DisposedITAT Pune29 Nov 2022AY 2019-20

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

HYT ENGINEERING CO P LTD, ,PUNE vs. ASSISTANT DIRECTOR OF INCOME-TAX, CPC, BANGALORE

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

ITA 110/PUN/2022[2019-20]Status: DisposedITAT Pune29 Nov 2022AY 2019-20

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

M/S ENERTECH UPS P LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, BENGALURU

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

ITA 134/PUN/2022[2018-19]Status: DisposedITAT Pune29 Nov 2022AY 2018-19

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

SHREE ASHTVINAYAK GLASS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, BANGALORE

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

ITA 290/PUN/2022[2017-18]Status: DisposedITAT Pune29 Nov 2022AY 2017-18

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

For Appellant: Shri Kishore B. Phadke (Sl.No.1
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Section 5 of the Payment of Wages Act simply deals with the ‘Time of payment of wages’. It does not stipulate any time limit for deposit of the employees share in the relevant funds. For that purpose, the relevant Acts give a window for depositing the contribution within 15 days of the last month's salary. Thus, contribution

DCIT, SWARGATE PUNE vs. GRIHUM HOUSING FINANCE LIMITED, PUNE

In the result, the Cross Objection filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

ITA 1883/PUN/2024[2019-20]Status: DisposedITAT Pune12 Jun 2025AY 2019-20

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2019-20

For Appellant: S/Shri Nikhil Mutha and Abhilash HiranFor Respondent: Shri Ramnath P Murkunde
Section 143(1)Section 2(91)Section 36(1)(va)

disallowed by way of an intimation under section 143(1)(a) of the Act. He submitted that following the same analogy whether 7 CO No.39/PUN/2024 indirect items can be considered as part of the gross turnover is a highly debatable issue and therefore, the CPC has no power to make any such prima facie adjustment. The Ld. Counsel

AGRA OBSTETRICAL AND GYNAECOLOGICAL SOCIETY,AGRA vs. PCIT, CENTRAL, PUNE

ITA 549/PUN/2023[2022-23]Status: DisposedITAT Pune26 Mar 2025AY 2022-23
Section 12A

disallowance u/s 37(1) of the Act, the pharmaceutical company i.e\nEmcure Pharmaceuticals Ltd. has routed the expense of providing of\nfreebies through the assessee trust as it enables the Emcure\nPharmaceuticals Ltd. to claim an otherwise inadmissible expense as\ndeduction. Such act of the assessee trust of carrying the activity of\nproviding freebies at the behest of the pharmaceutical

DY. COMMISSIONER OF INCOME TAX, PUNE vs. INDUS BIOTECH PRIVATE LIMITED, PUNE

Appeal is dismissed

ITA 863/PUN/2023[2018-19]Status: DisposedITAT Pune22 Oct 2024AY 2018-19

Bench: Shri R.K. Panda & Shri S.S. Godara"नधा"रण वष" / Assessment Year : 2018-19 Dcit, Vs. Indus Biotech Pvt. Ltd. Circle-1(1), 1, Rahul Residency, Pune Plot Nos.6 & 7, Off Salunke Vihar Road, Kondhwa, Kondhwa Bk B.O., Pune – 411048 Maharashtra Pan: Aaaci5708E Appellant Respondent

Section 143(3)Section 250Section 41(1)

199 ITR 67. It was held by the Supreme Court that the Gujarat High Court was right in saying that in order to attract taxability under Section 41(1) the assessee should have obtained, whether in cash or in any other manner whatsoever, any amount in respect of the loss or expenditure earlier allowed as a deduction. This part