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

234B and section 234C of the Act as compared to the return of income. Initiation of penalty proceedings under section 274 read with section 270A of the Act 6. The learned AO has erred in initiating penalty proceedings against the Appellant under section 274 read with section 270A of the Act for under reporting of income. Any consequential relief

FAURECIA INTERIOR SYSTEMS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

3. Non consideration of contemporaneous nature of data Erred in conducting arm's length analysis based on information of comparable companies available at the time of transfer pricing assessment but not available at the time of compliance with the transfer pricing regulations by the Appellant. 4. Non consideration of multiple year data Erred in not considering multiple year data

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 under section 14A of the Act was not warranted. Levy of interest 11. That on facts and circumstances of the case and in law, the AO erred in levying interest under section 234A, 234B and 234C of the Act. Each and above grounds is independent and without prejudice to the other grounds of appeal preferred by the Appellant.” 3

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 under section 14A of the Act was not warranted. Levy of interest 11. That on facts and circumstances of the case and in law, the AO erred in levying interest under section 234A, 234B and 234C of the Act. Each and above grounds is independent and without prejudice to the other grounds of appeal preferred by the Appellant.” 3

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 under section 14A of the Act was not warranted. Levy of interest 14. That on facts and circumstances of the case and in law, the AO erred in levying interest under section 234B of the Act.‖ 3

ANUJ UMESH GOEL,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

In the result, the appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1632/Pun/2017 यििाारण वषा / Assessment Year : 2013-14

disallowance of Rs.6,020/- under section 14A read with rule 8D(2)(i) may please be set aside. 6) On the facts and in the circumstances of the case, the honourable CIT(A)-5, Pune has erred in directing the learned AO to compute 3 Annuj Goel interest under section 234A and 234B

DAR A1 HANDASAH CONSULTANTS (SHIR & PARTNERS) INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC,, BENGALURU

In the result, ground No. 2 of appeal of the assessee is allowed for statistical purposes

Bench: Shri Inturi Rama Roao & Shri Partha Sarathi Chaudhury

disallowed in the year under consideration. 3. Interest under section 234B and 234C of the Act The learned DCIT, CPC has erred

TATA TECHNOLOGIES LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

In the result, both the appeals of assessee are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.168 & 1708/Pun/2018 यििाारण वषा / Assessment Years : 2013-14 & 2014-15

234B of the Act should not deleted. Ground No.11 11. On the facts and the circumstances of the case, the Ld. AO has erred in initiating penalty proceedings under section 271(1)(c) of the Act. The Appellant prays that the penalty proceedings ought to be dropped. 4. The ground of appeal Nos.1 to 5 raised by assessee are against

TATA TECHNOLOGIES LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

In the result, both the appeals of assessee are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.168 & 1708/Pun/2018 यििाारण वषा / Assessment Years : 2013-14 & 2014-15

234B of the Act should not deleted. Ground No.11 11. On the facts and the circumstances of the case, the Ld. AO has erred in initiating penalty proceedings under section 271(1)(c) of the Act. The Appellant prays that the penalty proceedings ought to be dropped. 4. The ground of appeal Nos.1 to 5 raised by assessee are against

SPRINGER NATURE TECHNOLOGY AND PUBLISHING SOLUTIONS PRIVATE LIMITED,PUNE vs. THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT AND THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 5, PUNE, PUNE

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Dr.Manish Borad & Shri Vinay Bhamore

3. The learned AO erred in not appreciating the submissions made by the Appellant in its proper perspective. Incorrect amount of disallowance of 10AA of the Act in respect of interest income earned 4. Without prejudice to the above, the learned AO has erroneously denied the deduction under section 10AA of the Act to the tune

SPRINGER NATURE TECHNOLOGY AND PUBLISHING SOLUTIONS PRIVATE LIMITED,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 5, PUNE, PUNE

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Dr.Manish Borad & Shri Vinay Bhamore

3. The learned AO erred in not appreciating the submissions made by the Appellant in its proper perspective. Incorrect amount of disallowance of 10AA of the Act in respect of interest income earned 4. Without prejudice to the above, the learned AO has erroneously denied the deduction under section 10AA of the Act to the tune

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. MSC SOFTWARE CORPORATION OF INDIA PVT. LTD.,, PUNE

In the result, appeal of Revenue is dismissed and appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.577/Pun/2015 यििाारण वषा / Assessment Year : 2010-11

disallowing genuine operating expenses incurred by the Appellant to the amount of Rs 2,00,61,662 pertaining to payment towards management fees, meeting expenses and communication cost and valuing aforementioned expenses as NIL by erroneously concluding that the Appellant has not proved the receipt of services and benefit derived. 3. Initiation of penalty proceedings under section

MSC SOFTWARE CORPORATION INDIA P. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of Revenue is dismissed and appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.577/Pun/2015 यििाारण वषा / Assessment Year : 2010-11

disallowing genuine operating expenses incurred by the Appellant to the amount of Rs 2,00,61,662 pertaining to payment towards management fees, meeting expenses and communication cost and valuing aforementioned expenses as NIL by erroneously concluding that the Appellant has not proved the receipt of services and benefit derived. 3. Initiation of penalty proceedings under section

M/S. VISHAY COMPONENTS INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed as indicated above

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.500/Pun/2017 यििाारण वषा / Assessment Year : 2012-13

234B and 234C of the Act; Initiation of penalty proceedings under section 271(1)(c) of the Act 6. erred in initiating penalty proceedings under section 271(1)(c) of the Act. Any consequential relief, to which the Appellant may be entitled under the law in pursuance of the aforesaid grounds of appeal, or otherwise, may thus be granted. 3

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

The appeal is dismissed as not pressed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

disallowance of the expenses incurred pursuant to ESOP scheme treating the same as a capital item akin to securities premium and not appreciating the fact that these expenses are deductible under section 37 of the Act III. Other grounds of appeal 15. Erroneous levy of interest under section 234B and 234C of the Act Erred in levying additional interest under

CTR MANUFACTURING INDUSTRIES PRIVATE LIMITED,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

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

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

3. erred in computing the total income at Rs. 21,73,07,237.00 by making certain additions/disallowances as against the returned income at Rs.21,55,70,180.00. Disallowance of Rs.5,12,450.00 under section 14A of the Act 4. erred in making disallowance of Rs.5,12,450.00 under section 14A r.w.r 8D of the Act against dividend income exempt under

DEPUTY COMMISSIONER OF INCOME-TAX vs. CARRARO INDIA PVT. LTD.,, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

3. Erred in making disallowance under section 37 of the Act in respect of amortization of lease charges on leasehold land incurred by the Appellant considering the same as a capital expenditure. Erroneous disallowance of Rs.9,13,87,792/- in relation to legal and professional fees. 4. Erred in making disallowance under Section 37 of the Act in respect

CARRORO INDIA PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Revenue in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

3. Erred in making disallowance under section 37 of the Act in respect of amortization of lease charges on leasehold land incurred by the Appellant considering the same as a capital expenditure. Erroneous disallowance of Rs.9,13,87,792/- in relation to legal and professional fees. 4. Erred in making disallowance under Section 37 of the Act in respect

TATA TECHNOLOGIES LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

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

Bench: Shri R.S. Syal, Vp & Shri Partha Sarathi Chaudhury, Jm

disallowances made by the Ld. AO should be granted to the Appellant. Common Grounds Ground No. 14 14. On the facts and in the circumstances of the case and in law, the Ld. AO has erred in charging interest under Section 234B of the Act. The Appellant prays that the charge of interest under Section 234B of the Act should