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

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

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

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 to which the Appellant

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

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

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

disallowance. Levy of Interest under section 234A and 2348 of the Act 9. The learned ADIT-CPC has levied an interest under section 234A of the Act of Rs. 7,17,497, without assigning any reason whatsoever. 10. The learned ADIT-CPC has erred in levying excess interest under section 2348 of INR 1,26,84,174, without assigning

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

disallowance. Levy of Interest under section 234A and 2348 of the Act 9. The learned ADIT-CPC has levied an interest under section 234A of the Act of Rs. 7,17,497, without assigning any reason whatsoever. 10. The learned ADIT-CPC has erred in levying excess interest under section 2348 of INR 1,26,84,174, without assigning

WOCKHARDT LIMITED,,AURANGABAD vs. ASSISTAMT COMMISSIONER OF INCOME TAX, CIRCLE -3,, AURANGABAD

In the result, the appeal filed by Revenue is partly allowed, the appeal filed by assessee is partly allowed and the CO filed by assessee is dismissed as withdrawn

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.775/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Acit, Circle-3, Aurangabad .......अऩीऱाथी / Appellant बिधम / V/S. Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M ……प्रत्यथी / Respondent आयकर अपीऱ सं. / Ita No.758/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......अऩीऱाथी / Appellant बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......Cross Objector बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019

disallowance made by the ld AO by relying on the CBDT Circular No.5/2012 without appreciating the fact that the said Circular came into effect from 1 August 2012 and hence expenses incurred upto 31 July 2012 amounting to Rs 76,12,222 should be allowed under section 37(1) of the Act; Interest under section 234C

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

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.998/Pun/2023 िनधा"रणवष" / Assessment Year : 2014-15 The Dy.Commissioner Ctr Manufacturing Of Income Tax, Circle- Vs Industries Private Limited, 1(1), Pune. Nagar Road, Vadgaon Sheri, S.O. Pune City, Pune – 411014. Pan: Aaacc7256R Appellant/ Revenue Respondent /Assessee

section 234C of the Act is to be deleted.” Brief facts of the case : 3. In this case, assessee had filed Return of Income u/s.139(1) of the Act on 30.09.2014 for A.Y.2014-15 declaring total income of Rs.1,87,17,250/-. Subsequently, assessee has also filed revised ITA No.998/PUN/2023[R]&C.O.No.4/PUN/2024 [A] CTR Manufacturing Industries Private Limited

BNY MELLON INTERNATIONAL OPERATIONS (INDIA) PVT LTD,PUNE vs. I.T.O , CPC BANGALURU, BANGULURU

In the result, both appeals of the Assessee are allowed for\nstatistical purposes

234C is charged of Rs 1,11,43,464/-.\nThe Appellant has filed a copy of the Rectification Petition filed\nin this regard.\nAs the interest is also charged as per Assessment u/s 143(3) in\nFaceless Regime by the Assessment Unit and also the disputed\ndemand is more than Rs 10 lakhs, the jurisdiction is not lying\nwith this

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

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

ATUL SHASHIKANT GARBHE ,AURANGABAD vs. INCOME TAX OFFICER, WARD 1(1), AURANGABAD , AURANGABAD

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

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

disallowed as claimed in ITR. Penalty proceedings under Section 270A of the IT Act are being initiated separately for under-reporting of income on account of claiming wrong relief under section 89 of the I.T.Act thereby reducing the tax liability which resulted issuance of refund. Total income of the assessee is recomputed as under: Income declared as per Return Rs.82

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

234C\n& 234D if applicable. Issue demand noticed and challan accordingly. Issue Penalty\nnotice under section 274 r.w.s.270A of the Income Tax Act 1961, separately for mis-\nreporting and under-reporting of income.\nAggrieved by the assessment order, assessee now is in\nappeal ITA No.632/PUN/2022 before this Tribunal raising the\nfollowing grounds of appeal:-\n“Based on the facts

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

In the result, appeal of the assessee bearing ITA No

234C\n& 234D if applicable. Issue demand noticed and challan accordingly. Issue Penalty\nnotice under section 274 r.w.s.270A of the Income Tax Act 1961, separately for mis-\nreporting and under-reporting of income.\n\nAggrieved by the assessment order, assessee now is in\nappeal ITA No.632/PUN/2022 before this Tribunal raising the\nfollowing grounds of appeal:-\n\n“Based

SEMPERTRANS INDIA PRIVATE LIMITED,ROHA vs. INCOME-TAX OFFICER, PANVEL

In the result, appeal filed by the assessee is partly\nallowed for statistical purposes

disallowance under section\n37(1). Accordingly, the directions of the Hon'ble DRP are bad in law\nand ought to be quashed. Consequently, the final assessment order\ndated 27 June 2024, is bad in law and ought to be quashed.\nIncome Tax Officer,\nVs. Panvel Circle, Panvel\nRespondent\n2\nITA No.1778/PUN/2024\nSempertrans India Private Limited\n2. On the facts

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

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.152/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Tata Toyo Radiator Limited, Vs. Dcit, Circle-7, Pune. Taco House, V.G. Damle Path, Off Law College Road, Deccan Gymkhana, Pune- 411004. Pan : Aaact5566F Appellant Respondent Assessee By : Shri M. D. Sancheti Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 28.05.2024 Date Of Pronouncement : 29.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.11.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Order Passed By The Learned Cit(A) Is Ultra Vires, Illegal, Bad In Law & Contrary To The Provisions Of The Act. Violation Of Principles Of Natural Justice 2. The Learned Cit(A) Has Thus Erred In Law & On Facts In Passing An Ex-Parte Order Without Granting A Proper Opportunity Of Being Heard, Thereby Violating The Principles Of Natural Justice.

disallowance made by the AO of administrative services charges of Rs. 7,56,99,000 paid to Tata AutoComp Systems Ltd. ["TACO"]. Excess-levy of interest under section 234B of the Act 6. The learned CIT (A) erred in not adjudicating on the levy of excess interest under section 234B of the Act to the extent of Rs.34,671. Excess

RAMESH GARWARE CHARITY TRUST,PUNE vs. EXEMPTION WARD 1(1), PUNE

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

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.776/Pun/2025 िनधा"रण वष" / Assessment Year: 2018-19 Ramesh Garware Charitable V The Exemption Ward- Trust, S. 1(1), Pune. P B Box 3, Ramesh Garware Farm, Nda Road, Khadakwasla, Pune – 411023. Maharashtra. Pan: Aaatr6365D Appellant/ Assessee Respondent / Revenue Assessee By Shri Dalpat Shah – Ar(Virtual) Revenue By Shri Vinod Pawar – Addl.Cit(Dr) Date Of Hearing 08/05/2025 Date Of Pronouncement 23/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Addl./Joint Commissioner Of Income Tax[Jcit(A)], Thiruvanantpura Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2018-19 Dated 14.08.2024. The Assessee Has Raised The Following Grounds Of Appeal :

Disallowance of Deduction U/sec 11(2) of Rs.74,49,246/- On the facts and circumstances of the case, the said CIT(Appeals) erred in not allowing deduction claimed of accumulation of Rs. 74,49,246/- under section 11(2) of the Income tax Act following the assessment order for A.Y 2017-18 ignoring the fact that the provisions of section

VISION ENTERPRISES,,PUNE vs. INCOME-TAX OFFICER, WARD - 2,, AHMEDNAGAR

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 192/Pun/2021 निर्धारण वर्ा / Assessment Year : 2015-16 Vision Enterprises, Hotel Sulai, Dhankawadi, Pune. Pan: Aajfv0168P . . . . . . . अपऩलधथी / Appellant बनाम / V/S Pr. Commissioner Of Income Tax-1, Pune . . . . . . . प्रत्यथी / Respondent द्वारा / Appearances Assessee By : Shri Dharmesh Shah & Shri Akshay Garg Revenue By : Shri Sardar Singh Meena सपिवधई की तधरऩख / Date Of Conclusive Hearing : 11/04/2023 घोर्णध की तधरऩख / Date Of Pronouncement : 11/04/2023 आदेश / Order Per G. D. Padmahshali, Am; With The Following Grounds Of Appeal The Assessee Challenges The Revisionary Order Of The Principal Commissioner Of Income Tax -1, Pune [For Short ‘Pcit’] Dt. 22/03/2021 Passed U/S 263 Of The Income-Tax Act, 1961 [For Short ‘The Act’] For Assessment Year [For Short ‘Ay’] 2015-16; “1. The Ld. Principal Commissioner Of Income Tax Has Erred In Law & In Facts In Passing Order U/S. 263 Of The Act Without Appreciating That The Assessment

disallowance of ₹ 2,01,635/- u/s. 40(a)(ia) of the Act, being 30% of the interest paid u/s. 194A of the Act amounting to ₹ Rs.6,72,116/- paid to Ahmednagar Zilha Maratha Seva Nagari Sahakari Patsanstha. 4. The Ld. Principal Commissioner of Income Tax has erred in Law and in facts in directing the Assessing Officer to verify whether

V.R. SUKHWANI PROJECTS,PUNE vs. INCOME TAX OFFICER - CIRCLE 2, PUNE, PUNE

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

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1750/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 V.R.Sukhwani Projects, V The Income Tax Officer, Office No.B-1205, S Circle-2, Pune Amar Business Zone, Baner, Pune – 411045 Pan: Aaqfv3888H Appellant/ Assessee Respondent / Revenue Assessee By Miss Sailee Gujarathi – Ar Revenue By Shri Aviyogi Ambadkar– Addl.Cit(Dr) Date Of Hearing 09/09/2025 Date Of Pronouncement 25/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2022-23 Dated 22.01.2025 Emanating From The Assessment Order Passed Under Section 144 Of The Income Tax Act, 1961 Dated 04.03.2024. The Assessee Has Raised The Following Grounds Of Appeal :

disallowing the claim of Rs 1,53,39,381/- 3. On the facts and in the circumstances of the case and in law, the Hon'ble CIT(A) NFAC has erred in confirming that interest to be levied under section 234B and 234C

DASHRATH V.WAGASKAR,,NASHIK vs. INCOME TAX OFFICER,, NASHIK

In the result, appeal of the assessee is Partly Allowed

Bench: Shri Partha Sarathi Chaudhury, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No.270/Pun/2017 िनधा"रणवष" / Assessment Year : 2013-14 Asha Bhausahebthube, The Income Tax Officer, (Legal Heir Of Late Vs Ward-1(4), Nashik. Mr.Dashrathv.Wagaskar), Gat No.63, Wagaskar House, Anandvalli, Gangapur Road, Nashik – 422 013. Pan: Aampw 5276 G Appellant/ Assessee Respondent /Revenue Assessee By Shri Kishore B Phadke– Ar Revenue By Shri S.P.Walimbe– Dr Date Of Hearing 14/03/2022 Date Of Pronouncement 11/05/2022

section 54F of the ITA, 1961 is not fulfilled. The learned CIT(A)-1, ought to have appreciated that, the funds received on sale of land were blocked by SBI for recovery & repayment of loans of M/s. Prathmesh Ceramics Pvt. Ltd. and were not released in-spite of several requests made by the appellant, so that residential house property