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

26,650/-.” 3. Aggrieved, the assessee filed appeal(s) before the Ld. CIT(A) challenging both the orders dated 08.03.2023 and 03.07.2023 passed under section 143(3) and section 154 of the Act respectively. Before the Ld. CIT(A), the assessee filed detailed submissions. The Ld. CIT(A) disallowed

E-ALLY SECURITIES (INDIA) PVT. LTD.,RAIGAD vs. DCIT CIRCLE, PANVEL, PANVEL

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

26-05-2025 O R D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed against the order dated 23.04.2024 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2018-19. 2. The only issue raised by the assessee in the grounds of appeal relates to the order

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

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

FCA INDIA AUTOMOBILES PRIVATE LIMITED (SURVIVING ENTITY AFTER THE MERGER OF PCA MOTORS PVT LTD),PUNE vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

section 143(3) r.w.s. 144B was passed by the AO on 26 4 September 2022. In the assessment order, the AO assessed the total income of the assessee at Rs.23,96,58,331/- and raised a tax demand of Rs.44,65,790/- on the assessee after disallowance

PUSHPAK STEEL INDUSTRIES PRIVATE LIMITED ,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-10 , PUNE

In the result, appeal of the assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.300/Pun/2023 िनधा"रणवष" / Assessment Year :2013-14 Pushpak Steel Industries The Income Tax Officer, Private Limited, V Cricle-10, Pune. Gat No.119, Alandi Markal S Road, Alandi Markal Road,Vill-Dhanore, Pune – 412105. Pan: Aabcp 0081 C Assessee / Appellant Respondent / Revenue Assessee By Shri Sarvesh Khandelwal – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 16/05/2023 Date Of Pronouncement 27/06/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)-11, Pune Dated 27.01.2023 For A.Y.2013-14 Emanating From The Order Under Section 143(3) Of The Act, Dated 13.12.2016. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & Circumstances Prevailing In The Case & As Per The Provisions & The Scheme Of The Act It Be Held That The Pushpak Steel Industries Pvt. Ltd., [A]

section 143(3) of the Act, dated 13.12.2016. The Assessee has raised the following grounds of appeal: “1. On the facts and circumstances prevailing in the case and as per the provisions and the scheme of the Act it be held that the Pushpak Steel Industries Pvt. Ltd., [A] disallowance of donation made to M/s Iskcon Food Relief Foundation amounting

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

disallowance under section 36(1)(va) of the Act 13 The Ld. AO erred in initiating penalty proceedings under Section 270A of the Act on arbitrary premise that there is under-reporting of income done by the Appellant The above grounds are without prejudice to each other The appellant craves leave to alter, amend or withdraw

MAHATMA PHULE GRAMIN BIGARSHETI SAHAKAR PAT SANSTHA LTD,KOLHAPUR vs. PCIT-1, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Mahatma Phule Gramin Bigarsheti Pcit-1, Pune Sahakar Pat Sanstha Vs. A/P Hattiwade, Ajara, Kolhapur – 416505 Pan: Aaaam2608K (Appellant) (Respondent) Assessee By : None (Written Submission Filed) Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 09-12-2025 Date Of Pronouncement : 09-01-2026 O R D E R

disallowance of deduction under section 80P, without appreciating that compliance under section 80AC is not mandatory and it is discretionary and further, by implication, AO had accepted one of the views in case of debatable issue. 3. The assessee craves leave to amend, alter or delete any of the above grounds of appeal. It is prayed that the above claims

BALKRISHNA RATHI FINANCE PRIVATE LIMITED,PUNE vs. ITO, PUNE

In the result, appeal of the assessee is allowed

Bench: SHRI VINAY BHAMORE (Judicial Member)

section 14A r.w Rule 8D(2)(ii) at Rs.16,63,575/-, ignoring the fact that investments yielding exempt income were made out of own funds in earlier years and no borrowed funds were utilized. 4 The learned CIT(A) failed to appreciate that during the year under consideration the appellant company also earned the taxable interest income and therefore

PIAGGIO VEHICLES PVT LTD ,PUNE vs. ACIT, CIRCLE 4, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

disallowance of expenditure under Section 14A of the Act. These decisions, therefore, limited their observations to the applicability of Section 14A of the Act on dividend income. Also, the G&B HC decision and the G&B SC decision have not laid down any principle contrary to those laid down by the Hon'ble SC in Tata Tea decision

M/S. PIAGGIO VEHICLES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.868/Pun/2022 िनधा"रण वष" / Assessment Year: 2015-16 Piaggio Vehicles Private Ltd., V The Assistant Sky One Corporate Park, S Commissioner Of Income Ground Floor, Survey Tax, Circle-4, Pune. No.239/02, Near Pune Airport, Pune – 411032. Pan: Aabcp1225G Appellant/ Assessee Respondent / Revenue Assessee By Shri Siddhesh Chaugule – Ar Revenue By Shri Vidya Ratan - Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-13, Pune For Assessment Year 2015-16 Dated 06.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Refund Of Excess Taxes Paid On Dividend Distributed On The Facts & Circumstances Of The Case & In Law, The Hon'Ble Cit(A) Has Erred In Not Granting The Benefit Of Article 11 Of The India-

disallows certain expenditure incurred to earn exempt income from being deducted from other income which is includible in the “total income” for the purpose of chargeability to tax.” The views expressed in Walfort Share and Stock Brokers P. Ltd. (supra), in our considered opinion, yet again militate against the plea urged on behalf of the Assessee. 34. For the aforesaid

BAJAJ FINANCE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2019-20 Bajaj Finance Limited Pcit-3, Pune 3Rd Floor, Panchshil Tech Park, Vs. Viman Nagar, Pune – 411014 Pan: Aabcb1518L (Appellant) (Respondent) Assessee By : Shri Percy Pardiwalla Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 06-01-2026 Date Of Pronouncement : 29-01-2026

disallowance under section 14A. Even if one assumes that he has, after reading of the order expressed his views, but still the position is two views therefore were possible. Therefore, if one of the two possible views was taken by the Assessing Officer, the PCIT could not have exercised his powers under section 263 of the Act. 8.” Unquote

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED ( SUCCESSOR OF ARICENT TECHNOLOGIES HOLDINGS LIMITED),PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

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

disallowance of health and education cess. Post amendment brought by the Finance Act, 2022, the assessee also filed Form 69 as mandated by the amended provisions withdrawing its claim of deduction towards health and education cess for AY 2020-21. Therefore, in our view, there was no error on the part of the assessee in claiming education cess

ARMED FORCES EX-OFFICERS MULTISERVICES CO-OPERATIVE SOCIETY LTD,PUNE vs. INCOME TAX OFFICERS NFAC, PUNE

In the result, the appeal filed by the assessee stands partly allowed

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

disallowing the deduction under section 80P Whereas deduction under section 80P is allowed on the Interest earned from the fixed deposits and savings bank accounts with the other cooperative society even if it is not a member of the other cooperative society. 2) The learned Officer erred in considering the income from house property and income from capital gains amounting

BAJAJ HOUSING FINANCE LIMITED,PUNE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.564/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Bajaj Housing Finance Limited, The Principal 3Rd Floor, Panchsil Tech Park, V Commissioner Of Income Viman Nagar, Pune – 411014. S Tax-3, Pune. Pan: Aadcb6018P Appellant/ Assessee Respondent /Revenue Assessee By Shri Percy Pardiwala & Ms.Vasanti B.Patel – Ar’S Revenue By Shri Keyur Patel – Cit(Dr) Date Of Hearing 12/01/2024 Date Of Pronouncement 26/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Under Section 263 Of The Income Tax Act, 1961, Passed By Ld.Principal Commissioner Of Income Tax, Pune-3 On 14.03.2023. In This Case, Assessment Order Was Passed On 26.02.2021. The Assessee Has Raised The Following Grounds Of Appeal : 1. Ground I: Challenging The Validity Of Revision Proceedings Under Section 263 Of The Act 1.1. The Learned Pcit Failed To Appreciate That The Assessment Order Passed By The Assistant Commissioner Of Income Tax, Circle 8, Pune (Hereinafter Referred To As Learned Ao) Under Section 143(3) Of The Act Bajaj Housing Finance Limited [A]

26 taxmann.com 330 (Chennai), held that standard assets are always considered recoverable and any provision made on such assets cannot be considered as a provision for bad and doubtful debts and upheld the revisionary proceedings initiated by the PCIT u/s.263 of the Act”. The ld.Pr.CIT held that assessment order was erroneous and prejudicial to the interest of the Revenue

M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

disallowance of INR 4,50,70,798 under u/s 14A of the Act r.w rule 8D(2)(ii) be deleted. Ground 10: Additional relief under section 90 On the facts and circumstances of the case, and in law, the AU based on the directions of Ld. DRP erred in disregarding Appellant’s claim for additional relief under section

CHAPHEKAR SUSPENSIONS PVT.LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2022-23

26 Pramod khopade BGMPK8748J 36,373.50 19-10-2022 Online 27 Nitin Jagtap AMYPJ7055L 23,427.00 19-10-2022 Online 28 Jaybhim Pujari ASPPP3658Q 20,714.40 19-10-2022 Online 29 Pratik Bhuvad CCPPB5515A 20,714.40 19-10-2022 Online 30 Varad Gangatirkar ARMPG1412F 24,660.00 19-10-2022 Online 31 Ramchandra AZPPD9178G 20,591.10 19-10-2022 Online Deshmukh

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

In the result, appeal of the assessee bearing ITA No

section 115JB of the\nIncome Tax Act,-\nSr. No.\nParticulars\nAmount (in Rs.)\nजो दण्ड\nli.\nBook Profit as per Computation\nTAX DEPARTMENT L\n819,56,26,034/-\nAdd: Disallowances

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

section 115JB of the\nIncome Tax Act,:-.\nSr. No.\nParticulars\nAmount (in Rs.)\nजो दण्ड\nli.\nBook Profit as per Computation\n819,56,26,034/-\nTAX DEPARTMENT L\nAdd: Disallowances