DESIMUS FINANCIALS LIMITED,MOGA vs. INCOME TAX OFFICER WARD 1(3), PUNE

In the result, the appeal is allowed

Bench: Shri R.S. Syalनिर्धारण वषा / Assessment Year : 2013-14 Desimus Financials Limited, Vs. Ito, Ward-1(3), Moga Road, Opp. Punjab Kesari, Pune Bagha Purana, Dist. Maoga, Punjab – 142 038 Pan Aaack9547K Appellant Respondent

201(1) of the Act along with section 40(a)(ia) with the effect that if the payee has included the interest received from the payer in his total income and filed the return with taxes paid thereon, then the payer can‟t be treated as an assessee in default and no consequential disallowance

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 made under section 40(a)(i) of the Act on account of payment of software on the ground that the assessee had purchased copyright in the said software. However, the plea of assessee before the authorities below and even before us is that it had only made payment for purchase of copyrighted software i.e. off-the-shelf software

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 made under section 40(a)(i) of the Act on account of payment of software on the ground that the assessee had purchased copyright in the said software. However, the plea of assessee before the authorities below and even before us is that it had only made payment for purchase of copyrighted software i.e. off-the-shelf software

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 made under section 40(a)(i) of the Act on account of payment of software on the ground that the assessee had purchased copyright in the said software. However, the plea of assessee before the authorities below and even before us is that it had only made payment for purchase of copyrighted software i.e. off-the-shelf software

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE vs. SILVER JUBILEE MOTORES LTD,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury"नधा"रण वष" / Assessment Year : 2013-14 Acit, Circle-6, Vs. Silver Jubilee Motors Ltd., Pune 12, Moledina Road, Camp, Pune 411001 Pan : Aahcs8736P Appellant Respondent

disallowance. On a conjoint reading of the second proviso to section 40(a)(ia) and the first proviso to section 201

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. BAJAJ FINANACE LTD,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

disallowed by the A.O. We find that in the order of the Tribunal (supra) it has been clearly mentioned that the A.O has to adjudicate the issue in the light of the Special Bench decision Bangalore whereas the A.O has gone beyond and has tried to distinguish the judgment itself along with other cases which is not in accordance with

DCIT, CIRCLE-8 vs. M/S. BAJAJ FINANCE LTD. PUNE, AKURDI PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

disallowed by the A.O. We find that in the order of the Tribunal (supra) it has been clearly mentioned that the A.O has to adjudicate the issue in the light of the Special Bench decision Bangalore whereas the A.O has gone beyond and has tried to distinguish the judgment itself along with other cases which is not in accordance with

BAJAJ FINANCE LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

disallowed by the A.O. We find that in the order of the Tribunal (supra) it has been clearly mentioned that the A.O has to adjudicate the issue in the light of the Special Bench decision Bangalore whereas the A.O has gone beyond and has tried to distinguish the judgment itself along with other cases which is not in accordance with

BAJAJ FINANCE LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

disallowed by the A.O. We find that in the order of the Tribunal (supra) it has been clearly mentioned that the A.O has to adjudicate the issue in the light of the Special Bench decision Bangalore whereas the A.O has gone beyond and has tried to distinguish the judgment itself along with other cases which is not in accordance with

KUDALE AGRO FOODS,PUNE vs. INCOME TAX OFFICER, CIRCLE-14, PUNE, PUNE

In the result, the appeal of the assessee is treated as allowed for statistical purposes

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

disallowance u/s 40(a)(ia) of the Act in respect of interest payments made to these three parties should be made in accordance with the second proviso to section 40(a)(ia) w.r. first proviso to sub-section 201

BAJAJ FINANCE LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

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

disallowed by the A.O. We find that in the order of the Tribunal (supra) it has been clearly mentioned that the A.O has to adjudicate the issue in the light of the Special Bench decision Bangalore whereas the A.O has gone beyond and has tried to distinguish the judgment itself along with other cases which is not in accordance with

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. BAJAJ FINANCE LTD,, PUNE

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

disallowed by the A.O. We find that in the order of the Tribunal (supra) it has been clearly mentioned that the A.O has to adjudicate the issue in the light of the Special Bench decision Bangalore whereas the A.O has gone beyond and has tried to distinguish the judgment itself along with other cases which is not in accordance with

RAJESH MOHANLAL BORA,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1 (1),, NASHIK

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.1609/Pun/2019 निर्धारण वर्ा / Assessment Year : 2014-15 Rajesh Mohanlal Bora, 401, Rushiraj House, Thatte Nagar, College Road, Nashik – 422 005 Pan : Abcpb5526F . . . . . . . अपऩलधथी / Appellant बनाम / V/S. Ito Ward- 1(1) Nashik . . . . . . . प्रत्यथी / Respondent द्वारा/ Appearances Assessee By : Shri Pramod Shingte Revenue By : Shri M. G. Jasnani सपिवधई की तधरऩख / Date Of Conclusive Hearing : 03/10/2022 घोर्णध की तधरऩख / Date Of Pronouncement : 20/12/2022 आदेश / Order Per G. D. Padmahshali, Am; The Present Appeal Of The Assessee Is Assailed Against The Order Of Commissioner Of Income Tax (Appeals)-1, Nashik [For Short “Cit(A)”] Dt. 23/08/2019 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”] Which Dove Out Of Order Of Assessment Dt. 29/12/2016 Passed U/S 143(3) Of The Act By Income Tax Officer 1(1), Nashik [For Short “Ao”] For The Assessment Year [For Short “Ay”] 2014-15. Itat-Pune Page 1 Of 8

section 201(1A), the Ld. AO disallowed the aforesaid amount of finance charges and culminated the assessment with a solitary

KIMBERLY CLARK LEVER P.LTD.,PUNE vs. ACIT, PUNE

In the result, the appeal of the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2481/Pun/2012 िनधा"रण वष" / Assessment Year : 2008-09 Kimberly Clark Lever P. Ltd., Gat No.934 To 937, Village Sanaswadi Off Nagar Road, Ta- Shirur, Pune-412208. .......अपीलाथ" / Appellant Pan : Aaack4647E बनाम / V/S. Acit, Circle-Xi(I), ……""यथ" / Respondent Pune. Assessee By : Shri Percy Pardiwalla Revenue By : Shri Sandeep Garg सुनवाई क" तारीख / Date Of Hearing : 08.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 22.02.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order U/S 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (‘The Act’ For Short) Of The Asstt. Commissioner Of Income Tax, Circle-11(1), Pune (‘The Assessing Officer’ For Short) Dated 29.10.2012 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “The Appellant Objects To The Order Dated 29 October 2012 Passed Under Section 143(3) R.W.S. 144(C) Of The Income-Tax Act, 1961 (‘The Act’) By The Assistant Commissioner Of Income Tax, Circle 11(1), Pune [‘Acit’ Or ‘Ao’] Following The Directions Issued By The Dispute Resolution Panel (‘Drp’) In Respect Of The Aforesaid Assessment Year On The Following Among Other Grounds:

disallowance u/s 40(a)(ia) of the Act can be made for the reason that the reimbursement on account of A&M expenses, management cost and selling discount given to HUL does not result any income in the hands of the payee i.e. HUL and, therefore, the question of deduction of tax at source does not arise. It was further

VANAZ ENGINEERS LIMITED,,PUNE vs. ADDL. COMMISSIONER OF INCOME TAX, RANGE -7,, PUNE

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

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.1959/Pun/2017 िनधा"रण वष" / Assessment Year : 2009-10 Vanaz Engineers Limited, 85/1, Paud Road, Pune-411 038. .......अपीलाथ" / Appellant Pan : Aaacv6873B बनाम / V/S. Addl. Cit, Range- 7, ……""यथ" / Respondent Pune. Assessee By : Shri Rajendra Agiwal Revenue By : Shri Vitthal Bhosale सुनवाई क" तारीख / Date Of Hearing : 25.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 03.03.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 5, Pune (‘Cit(A)’ For Short) Dated 12.05.2017 For The Assessment Year 2009-10. 2. The Appellant Raised The Following Original Grounds Of Appeal :- “Based On The Facts & Circumstances Of The Case, Vanaz Engineers Limited (‘The Appellant’), Respectfully Craves Leave To Prefer An Appeal Against The Order Dated 12Th May, 2017 Passed By The Learned Commissioner Of Income-Tax (Appeals) - 5 ['Cit(A)’], Pune (Received By The Appellant On 20Th June, 2017) Under Section 250 Of The Income-Tax Act, 1961 (‘Act’) On The Following Grounds Which Are Independent & Without Prejudice To Each Other: On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit (A) Has:

disallowance made under section 40(a)(ia) of Rs 15,36, 557, without appreciating that in view of second proviso to section 40(a)(ia) r.w. first proviso of sub-section (1) of section 201

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE vs. SHREE SADGURU ENTERPRISES,, PUNE

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

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

section 201 of the Act that no disallowance for non deduction of TDS is permissible if the resident payee has furnished

SANJAY DIGAMBAR MALVE.,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME TAX,,

In the result, appeal of the assessee is Partly Allowed

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.2755/Pun/2016 िनधा"रणवष" / Assessment Year : 2012-13 Shri Sanjay Digambar Malve, The Dcit, Circle-1, Nashik. Plot No.2, Suvarnamudra Vs Bungalow, Mate Nursery Road, Sawarkar Nagar, Opp. Vishwas Bank, Nashik. Pan: Aftpm 5169 A Appellant/ Revenue Respondent/ Assessee Assessee By Shri Sanket Milind Joshi – Ar Revenue By Shri S P Walimbe - Dr Date Of Hearing 09/03/2022 Date Of Pronouncement 05/05/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Nashik Dated 09.09.2016For The Assessment Year 2012-13. The Assessee Raised The Following Grounds Of Appeal: “1. The Learned Cit(A) Erred In Holding That Advances Of Rs.13,61,710/- Received By The Assessee From The Company, M/S. Kamal Infrabuild Pvt. Ltd. Should Be Treated As Deemed Dividend U/S 2(22)(E) In The Hands Of The Assessee. 2. The Learned Cit(A) Failed To Appreciate That The Assessee Was Holding A Running Account With The Above Company & For A Major Part Of The Year, The Assessee Had Advanced Amounts To The Company & Hence, The Advances Received By The Assessee For A Short Period During The Year Were In Consideration Of The Advances Given By The Assessee To Company During The Rest Of The Year & Hence, The Provisions Of Section 2(22)(E) Were Not Applicable To The Instant Case. 3. Without Prejudice To The Above Ground, The Assessee Submits That If At All Any Addition Is To Be Made U/S 2(22)(E), Then The Accumulated Profits Of The Company As On 01.04.2011 Should Be Considered For

disallowance of expenditure shall not be made, if the resident payee has :- (i) furnished his return of income u/s.139 (ii) taken into account such sum while computing his income in such return. (iii) paid the tax due on the income declared by him in such return of income. (iv) furnished a certificate to the above effect from a Chartered Accountant

PRATAP BALAJI NIKAM,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 3,, PUNE

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

Bench: Shri Waseem Ahmed, Am & Shri S. S. Viswanethra Ravi, Jm

disallowance under section 40(a)(ia) of the Act on account of non-deduction is not warranted. The Ld.A.R. in support of his claim filed certain additional evidences along with the application dated 16.03.2020 for the admission of such additional evidences. The evidences are the certificate issued by the Chartered Accountant under the provisions of Sec. 201